Arkansas Code
Subchapter 12 - Revised Arkansas Anatomical Gift Act
§ 20-17-1207. Refusal to make anatomical gift — Effect of refusal

(a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(b) A record signed pursuant to subsection (a)(1)(B) 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 individual; and
(2) state that it has been signed and witnessed as provided in paragraph (1).

(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to § 20-17-1205 that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in § 20-17-1208(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Structure Arkansas Code

Arkansas Code

Title 20 - Public Health and Welfare

Subtitle 2 - Health and Safety

Chapter 17 - Death and Disposition of the Dead

Subchapter 12 - Revised Arkansas Anatomical Gift Act

§ 20-17-1201. Short title

§ 20-17-1202. Definitions

§ 20-17-1203. Applicability

§ 20-17-1204. Who may make anatomical gift before donor's death

§ 20-17-1205. Manner of making anatomical gift before donor's death

§ 20-17-1206. Amending or revoking anatomical gift before donor's death

§ 20-17-1207. Refusal to make anatomical gift — Effect of refusal

§ 20-17-1208. Preclusive effect of anatomical gift, amendment, or revocation

§ 20-17-1209. Who may make anatomical gift of decedent's body or part

§ 20-17-1210. Manner of making, amending, or revoking anatomical gift of decedent's body or part

§ 20-17-1211. Persons that may receive anatomical gift — Purpose of anatomical gift

§ 20-17-1212. Search and notification

§ 20-17-1213. Delivery of document of gift not required — Right to examine

§ 20-17-1214. Rights and duties of procurement organization and others

§ 20-17-1215. Coordination of procurement and use

§ 20-17-1216. Sale or purchase of parts prohibited

§ 20-17-1217. Other prohibited acts

§ 20-17-1218. Immunity

§ 20-17-1219. Law governing validity — Choice of law as to execution of document of gift — Presumption of validity

§ 20-17-1221. Effect of anatomical gift on advance healthcare directive

§ 20-17-1222. Cooperation between a coroner or the state medical examiner and a procurement organization

§ 20-17-1223. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or the state medical examiner

§ 20-17-1225. Relation to Electronic Signatures in Global And National Commerce Act