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Bill Summary · HB 1679

Summary of House Bill 1679 (Act 861)

Title: 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.

Status: Enacted as Act 861 on April 17, 2025

Introduced: March 4, 2025

Purpose and Intent

House Bill 1679 aims to update the Revised Arkansas Anatomical Gift Act by allowing specific individuals to modify, amend, or revoke anatomical gifts after the donor's death. The bill also mandates annual reporting requirements for organ procurement organizations to enhance transparency and accountability in organ donation practices.

Key Provisions

1. Modification and Revocation of Anatomical Gifts

  • Before Death: A donor's anatomical gift can be modified or revoked by an agent designated under a durable power of attorney for health care, unless restricted by the power of attorney.
  • After Death: Following the donor's death, the right to modify or revoke an anatomical gift is granted to:
    • The spouse of the donor
    • The sole child or majority of surviving children
    • Surviving parents (with provisions for absent parents)
    • Surviving siblings or grandparents (majority rules apply)
    • Surviving grandchildren
    • The guardian of the donor at the time of death
    • Other next of kin in descending order of kinship

2. Conditions for Revocation

  • Individuals charged with serious crimes related to the donor's death forfeit their right to modify or revoke the anatomical gift.
  • Estranged individuals (defined by specific criteria) also lose this right.

3. Reporting Requirements for Procurement Organizations

  • Organ procurement organizations must submit an annual report to the Legislative Council by January 31, detailing:
    • The number and types of organs and tissues procured
    • Breakdown of donations from individuals who consented prior to death versus those under specific statutes
    • Financial details regarding payments received for organ and tissue recovery
    • Instances of anatomical gift revocation communicated to the organization

4. Penalties for Non-Compliance

  • The Secretary of State is authorized to revoke the charter of any organ procurement organization that fails to submit timely reports.

Impact

This legislation affects:
- Donors and their families: It provides clarity on the rights of next of kin regarding anatomical gifts, ensuring that family members have a say in the donor's wishes after death.
- Organ procurement organizations: The new reporting requirements aim to improve oversight and accountability in organ donation practices, potentially increasing public trust and participation in organ donation.

Procedural Timeline

  • March 4, 2025: Bill filed and introduced.
  • March 20, 2025: Passed by the House and sent to the Senate.
  • April 8, 2025: Senate amendments adopted.
  • April 17, 2025: Bill enacted as Act 861.

This summary provides an overview of House Bill 1679, highlighting its purpose, key provisions, and potential impacts on organ donation practices in Arkansas.

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

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