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HB 1679

SOL; Bd. of Education shall prioritize incorporation of assessments in languages other than English.

2025 Regular Session Introduced by Elizabeth Bennett-Parker and 17 co-sponsors

Expands who may modify an anatomical gift before/after death and adds annual reporting by organ procurement organizations with oversight and penalties for noncompliance.

Passed by indefinitely in Education and Health (15-Y 0-N)
0
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Bill Summary · HB 1679

Summary — HB 1679 (2025) — Amendments to the Revised Arkansas Anatomical Gift Act

Note on document inconsistencies
- The provided materials include mixed/duplicative items (an initial bill title about an income‑tax credit, an Illinois HB1679 text, and the Arkansas bill text and amendments). The substantive Arkansas text and amendments (H1, S1, S2) clearly concern changes to the Arkansas Revised Anatomical Gift Act (organ/tissue donation) and reporting by organ procurement organizations. This summary focuses on that Arkansas legislation.

Purpose and intent
- To (1) expand and clarify who may modify, amend, or revoke a person’s prior anatomical gift (organ/tissue donation) when the donor is incapacitated or deceased, and (2) impose annual reporting and oversight requirements on organ procurement organizations (OPOs), with enforcement mechanisms for non‑reporting.

Key provisions (principal changes)
1. Modification/revocation rights and order of priority
- Before death: a donor’s agent under a durable power of attorney for health care may modify/amend/revoke the donor’s anatomical gift unless prohibited by the power.
- After death (following irreversible cessation of circulatory/respiratory functions; timing clarified by amendments — two hours after pronouncement in a medical facility or immediately if pronounced outside a facility): the right to modify/amend/revoke passes in this order (if ≥18 and of sound mind):
1. Spouse
2. Sole child or majority of surviving children
3. Parent(s) (if one absent, the remaining parent after reasonable efforts)
4. Siblings (or majority)
5. Grandparents (or majority)
6. Grandchildren (or majority)
7. Guardian at time of death (if appointed)
8. Next degree of kin under descent/distribution laws
- Within a class (children, siblings, grandparents, grandchildren), a less‑than‑majority may act if they used reasonable efforts to notify others and are not aware of opposition by more than half of that class.

  1. Forfeiture and disqualification rules

    • Persons charged with homicide or manslaughter in connection with the donor’s death forfeit the right (right restored if charges are dismissed/acquitted).
    • Persons estranged from the donor at the time of incapacity/death (defined to include pending divorce or living apart >90 days) may forfeit the right.
    • If there is a dispute among those sharing the right to modify/revoke, no modification/revocation may be made.

  2. Form and liability

    • Decisions may be oral or in writing.
    • Hospitals, clinicians, funeral service providers, etc., acting in accordance with (or attempting in good faith to comply with) the section are shielded from civil, criminal, or administrative liability.
    • Federal law/regulation controls in the event of conflict.

  3. Reporting and oversight of organ procurement organizations (OPOs)

    • OPOs that recover/procure organs or tissues in Arkansas must file an annual written report to the Legislative Council on or before January 31 covering the most recent fiscal year.
    • Required report items (as amended) include, among others:
      • Number and types of organs/tissues recovered, distinguishing prior donor consent vs. donations under § 20‑17‑1209.
      • Breakdown of uses (transplantation, research, education, other).
      • Names of organizations receiving organs/tissues.
      • Total moneys paid to the OPO and breakdown by purpose.
      • Number of revocations communicated under the new modification/revocation sections.
      • Any other information requested by the Legislative Council.
    • The Secretary of State may revoke the charter of an OPO that fails to timely report (per Senate amendment).

  4. Other statutory edits

    • The bill repeals Arkansas Code § 20‑17‑102(m) concerning applicability/construction of the Arkansas Final Disposition Rights Act (2009) — removing a cross‑reference that said nothing in that section affected the Revised Anatomical Gift Act.

Who is affected
- Donors and their families/next of kin: changes the practical ability of family members or agents to rescind or alter organ/tissue donations.
- Agents under durable powers of attorney for health care.
- Hospitals, clinicians, funeral homes and OPOs: affected by decision/communication rules, liability protections, and new reporting duties.
- Legislative Council and Secretary of State: receive reports and may enforce reporting compliance.

Procedural/timeline aspects & status notes
- The text provided includes multiple floor and committee amendment versions (H1, S1, S2); key substantive amendments clarified timing for post‑death action and set the annual reporting deadline to January 31.
- The user-supplied “Status: Died In Committee” conflicts with included legislative action logs that show extensive committee and floor action. Confirm current status with the official Arkansas legislative records for final disposition.

Compiled from official sources — confirm details with the bill’s official record.

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