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20-17-1204. Who may make anatomical gift before donor's death.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1204. Who may make anatomical gift before donor's death.
Subject to § 20-17-1208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(A) emancipated; or
(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-17-1204
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5081aabcef7e3db889491b137a058e700a5d31c2ba26b06a24eb4f0b30a3a127
Source location: content.xml paragraph 16798
Stored source content
20-17-1204. Who may make anatomical gift before donor's death.
Subject to § 20-17-1208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 20-17-1205 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(A) emancipated; or
(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1205. Manner of making anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under § 20-17-1204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1208. Preclusive effect of anatomical gift, amendment, or revocation.
(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206.
(b) A donor's revocation of an anatomical gift of the donor's body or part under § 20-17-1206 is not a refusal and does not bar another person specified in § 20-17-1204 or § 20-17-1209 from making an anatomical gift of the donor's body or part under § 20-17-1205 or § 20-17-1210.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206, another person may not make, amend, or revoke the gift of the donor's body or part under § 20-17-1210.
(d) A revocation of an anatomical gift of a donor's body or part under § 20-17-1206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 20-17-1205 or § 20-17-1210.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 20-17-1204, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1208. This identifies an authority to review, not proof of applicability.