To Amend The Revised Arkansas Anatomical Gift Act; To Allow Certain Classes Of Persons To Revoke Or Amend An Anatomical Gift Upon The Death Of The Donor; And To Require Certain Reporting Of Procurement Organizations.
HB1679 amends the Arkansas Revised Anatomical Gift Act to expand who may modify, amend, or revoke a person’s anatomical gift in limited circumstances. The bill allows an agent acting under a durable power of attorney for health care to change a donor’s prior gift unless the governing document says otherwise. It also creates a post-death hierarchy of relatives and other decision-makers who may revoke or alter the gift after circulatory or respiratory death has been determined, beginning with the spouse and then moving through children, parents, siblings, grandparents, grandchildren, guardians, and other next of kin.
The bill also sets rules for when that authority is lost, including for a person charged in connection with the donor’s death or where the person is “estranged” from the donor, and it bars changes if there is a dispute among those sharing the right to act. It permits oral or written revocations and provides immunity for hospitals, clinics, physicians, healthcare providers, funeral directors, and funeral homes acting in good faith under the section. In a separate section, HB1679 requires organ procurement organizations operating in Arkansas to file annual reports with the Legislative Council detailing organs and tissues recovered, how they were used, payments received, and instances of revocation communications, with failure to report triggering charter revocation and a ban on organ procurement in the state.
HB1679 changes Arkansas law governing anatomical gifts by adding new statutory rights for agents and family members to override or revoke a donor’s prior gift under specified conditions, while also defining disqualifying circumstances and protecting providers who follow the law in good faith. It further imposes a new annual reporting regime on organ procurement organizations, including detailed disclosure of recovery, use, and compensation data, and authorizes severe enforcement consequences for noncompliance through charter revocation by the Secretary of State.
The bill appears to have broad legislative support, passing the House and Senate with overwhelming margins and unanimous concurrence on Senate amendments. The vote history suggests general agreement with the bill’s goals of clarifying family authority and increasing oversight of organ procurement organizations. The limited opposition in earlier House and Senate third-reading votes indicates some reservations, but not enough to prevent passage.
The main points of contention likely center on the bill’s expansion of post-death authority to revoke or amend anatomical gifts, especially the role of next of kin, the definition of “estranged,” and the possibility of disputes among family members blocking action. Another likely concern is the new reporting mandate for organ procurement organizations, particularly the disclosure of financial information and the strong penalty of charter revocation for late reporting. Supporters likely viewed these provisions as improving transparency and aligning decisions with family wishes, while critics may have worried about interference with donation processes and administrative burdens on procurement organizations.