Browse Arkansas Code titles and sections

20-17-802. Fetal remains resulting from abortion.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-17-802. Fetal remains resulting from abortion.

20-17-802. Fetal remains resulting from abortion. (a) A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102. (b) A person shall not perform any biomedical or behavioral research on: (1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or (2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion. (c) A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion. (d) A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion. (e) Subsection (d) of this section does not apply to: (1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion; (2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion; (3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions; (4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research; (5) Any licensed physician when performing a standard autopsy examination; or (6) Any person acting

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-802

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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Stable record: arkansas_code:legal_authorities:20-17-802
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 459dfbf5fe21cb427b45a893f942a49ed50003dc6f88d1457f7c54eb989719c3

Source location: content.xml paragraph 15719

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Arkansas Code — all titles (historical 2020) · legal_authorities

20-17-102. Arkansas Final Disposition Rights Act of 2009 — Definitions.

20-17-102. Arkansas Final Disposition Rights Act of 2009 — Definitions. (a)(1) This section may be cited as the “Arkansas Final Disposition Rights Act of 2009”. (2) As used in this section: (A) “DD Form 93” means a United States Department of Defense Record of Emergency Data or its successor form; (B) “Died while serving” means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and (C) “Final disposition” means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus. (b)(1)(A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains. (B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals. (C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section. (2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the deced

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-102

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 20-17-102. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-17-801. Fetus and tissue generally. — Definitions.

20-17-801. Fetus and tissue generally. — Definitions. (a)(1)(A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste. (B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation. (2) However, human tissue shall not be delivered except as may be permitted by rules of the State Board of Health. (3) Any hospital or other institution acquiring possession of any human tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the human tissue as provided for in this subsection. (b)(1)(A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient. (B) A dead fetus shall be disposed of in accordance with the Arkansas Final Dis

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-801

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 20-17-801. This identifies an authority to review, not proof of applicability.