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Subchapter 1 - General Provisions
§ 20-17-101. Death — Legal definition - (a) An individual is dead who has sustained either: (1)...
§ 20-17-102. Arkansas Final Disposition Rights Act of 2009 — Definitions - (a) (1) This section may be cited as the “Arkansas...
§ 20-17-103. Notification of death - Within thirty (30) calendar days after a death certificate is...
§ 20-17-104. Withholding cardiopulmonary resuscitation in nursing facilities for unwitnessed deaths — Definitions - (a) As used in this section: (1) “Dependent lividity” means...
§ 20-17-105. Organ donor privacy - (a) Information regarding the identity of an organ donor is...
§ 20-17-106. Authorization to distribute organ and tissue donation information upon death associated with diagnosis of fatal fetal condition - Upon the death of a fetus diagnosed with a fatal...
Subchapter 2 - Arkansas Rights of the Terminally Ill or Permanently Unconscious Act
§ 20-17-201. Definitions - As used in this subchapter: (1) “Attending physician” means the...
§ 20-17-202. Declaration relating to use of life-sustaining treatment - (a) (1) An individual of sound mind and eighteen (18)...
§ 20-17-203. When declaration operative - A declaration becomes operative when: (i) it is communicated to...
§ 20-17-204. Revocation of declaration - (a) (1) A declaration may be revoked at any time...
§ 20-17-205. Recording determination of terminal condition or permanent unconsciousness and declaration - Upon determining that the declarant is in a terminal condition...
§ 20-17-206. Treatment of qualified patient - (a) A qualified patient may make decisions regarding life-sustaining treatment...
§ 20-17-207. Transfer of patients — Compliance by healthcare provider or healthcare institution - (a) A declaration under this subchapter is a written advance...
§ 20-17-208. Immunities - (a) In the absence of knowledge of the revocation of...
§ 20-17-209. Penalties - (a) A physician or other healthcare provider who willfully fails...
§ 20-17-210. Miscellaneous provisions - (a) Death resulting from the withholding or withdrawal of life-sustaining...
§ 20-17-211. When healthcare provider may presume validity of declaration - In the absence of knowledge to the contrary, a physician...
§ 20-17-212. Recognition of declaration executed in another state - A declaration executed in another state in compliance with the...
§ 20-17-213. Effect of previous declaration - An instrument executed before July 20, 1987, which substantially complies...
§ 20-17-214. Who may execute written request for another - (a) If any person is a minor or an adult...
§ 20-17-215. Short title - This subchapter may be cited as the “Arkansas Rights of...
§ 20-17-216. Severability - If any provision of this subchapter or its application to...
§ 20-17-217. Effective date - This subchapter takes effect on July 20, 1987.
§ 20-17-218. Repeal - The following acts and parts of acts are repealed: (1)...
Subchapter 3 - Postmortems
§ 20-17-301. Subchapter cumulative - This subchapter is cumulative and does not alter or repeal...
§ 20-17-302. Consent - (a) Consent for a licensed physician to conduct a postmortem...
§ 20-17-303. Disposition of body - After the examination has been completed, the dead body shall...
Subchapter 5 - Anatomical Gifts Generally
§ 20-17-502. Organ Donor Awareness Education Trust Fund - (a) There is created on the books of the Treasurer...
§ 20-17-503. Informational or educational booklets - (a) If booklets or other information sources on the importance...
Subchapter 6 - Arkansas Anatomical Gift Act
§ 20-17-617. Procurement of transplantable tissue — Coroners — Procurement agencies - (a) The coroners and medical examiners of the counties of...
§ 20-17-618. Organ donor registry - (a) (1) The Office of Driver Services shall assist in...
Subchapter 7 - Unclaimed Bodies
§ 20-17-701. Definitions — Rights of coroner or courts unaffected - (a) As used in this subchapter: (1) “Medical school” means...
§ 20-17-702. Search for next of kin - (a) (1) (A) The person who assumes original and lawful...
§ 20-17-703. Notice to medical schools — Definition - (a) Any person in charge of a prison, morgue, hospital,...
§ 20-17-704. Delivery to medical school - Upon expiration of the forty-eight (48) hours as provided in...
§ 20-17-705. Wishes of deceased for disposition honored - (a) An unclaimed dead human body shall not be surrendered...
§ 20-17-706. Cost of embalming and transportation - (a) If a medical school is offered an unclaimed body...
§ 20-17-707. Holding period for medical school - (a) A medical school shall cause any unclaimed body offered...
§ 20-17-708. Disposition after use - (a) At any time when a body as described in...
§ 20-17-709. Records - The medical school shall cause a complete record to be...
§ 20-17-710. Nonliability - No person shall be civilly liable for possessing, examining, dissecting,...
Subchapter 8 - Disposition of Human Tissue
§ 20-17-801. Fetus and tissue generally. — Definitions - (a) (1) (A) Any physician removing or otherwise acquiring human...
§ 20-17-802. Fetal remains resulting from abortion - (a) A physician or facility that performs an abortion shall...
Subchapter 9 - Cemeteries Generally
§ 20-17-901. Registration required - All cemeteries now existing in the state shall be registered...
§ 20-17-902. Burial in registered cemetery required — Records - (a) It shall be unlawful to bury a dead body...
§ 20-17-903. Application to locate or extend boundaries - (a) Whenever it is proposed to locate a cemetery or...
§ 20-17-904. Perpetual care trust - (a) By trust instrument or will, any person may establish...
§ 20-17-905. Abandonment — Definition - (a) The circuit court of the county may order the...
§ 20-17-906. Disposition of abandoned cemetery lots — Definition - (a) As used in this section, “lot” means any lot...
§ 20-17-907. County abandoned cemetery registration boards - (a) The county judge shall appoint three (3) members to...
§ 20-17-908. Responsibilities of county abandoned cemetery registration boards - (a) A county abandoned cemetery registration board shall have the...
§ 20-17-909. Minimum maintenance for petitioned abandoned cemeteries - Petitioned abandoned cemeteries that are no more than one (1)...
§ 20-17-910. Abandoned cemeteries on private property - (a) If a petitioned abandoned cemetery is on private property...
§ 20-17-911. Minimum maintenance providers - Minimum maintenance for petitioned abandoned cemeteries may be secured from...
Subchapter 10 - Cemetery Act for Perpetually Maintained Cemeteries
§ 20-17-1001. Title - This subchapter may be cited as the “Cemetery Act for...
§ 20-17-1002. Definitions - As used in this subchapter: (1) “Care and maintenance” means...
§ 20-17-1003. Application of subchapter — Exceptions - (a) This subchapter applies to all cemeteries and burial grounds...
§ 20-17-1007. Examination of cemetery - (a) (1) An examined cemetery company shall pay the State...
§ 20-17-1008. Permit — Application - (a) (1) Before making application to the State Board of...
§ 20-17-1009. Permit — Investigation by Department of Health - (a) Upon submission of an application to the State Board...
§ 20-17-1010. Permit — Investigation and issuance by State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services - (a) If the cemetery company has fully complied with this...
§ 20-17-1011. Permit — Amendment - (a) Whenever it is proposed that any cemetery subject to...
§ 20-17-1012. Permit — Transfer of ownership — Definition - (a) As used in this section, “controlling interest” means the...
§ 20-17-1013. Permanent maintenance fund generally - (a) (1) (A) The permanent maintenance fund is a trust...
§ 20-17-1014. Permanent maintenance fund trustees - (a) The net income from the permanent maintenance fund shall...
§ 20-17-1015. Permanent maintenance fund — Annual report - (a) (1) Within seventy-five (75) days after the end of...
§ 20-17-1016. Permanent maintenance fund — Required deposits - (a) Unless a greater amount is established by rule of...
§ 20-17-1017. Permanent maintenance fund — Voluntary contributions - The permanent maintenance fund may also receive, take, and hold...
§ 20-17-1018. Violations, criminal penalties, and remedies - (a) In addition to the civil provisions of this subchapter,...
§ 20-17-1019. Conveyance of lots - (a) (1) An instrument conveying all or part of a...
§ 20-17-1020. Unlawful act - It shall be unlawful for any cemetery company to bury...
§ 20-17-1021. Disposition of contributions and fees - (a) All contributions imposed under this subchapter shall be: (1)...
§ 20-17-1022. Records required - (a) All cemetery companies shall make and keep accounts and...
§ 20-17-1023. Annual report of condition of cemetery company - (a) (1) Within seventy-five (75) days after the end of...
§ 20-17-1025. Protection of cemeteries — Power to lend - (a) On August 1, 2001, the State Board of Embalmers,...
§ 20-17-1026. Annual permit fee - (a) By March 1 of each year, each permit holder...
§ 20-17-1028. Contracts with municipality or county where a cemetery is located - (a) (1) The State Board of Embalmers, Funeral Directors, Cemeteries,...
§ 20-17-1029. Cemetery advisory boards — Membership — Organization — Authority - (a) The Governor may create a cemetery advisory board for...
§ 20-17-1030. Infant interment gardens - (a) A cemetery company may maintain an infant interment garden...
Subchapter 11 - Cemetery Improvement Districts
§ 20-17-1101. Purpose of district - The purpose of the district shall be the building and...
§ 20-17-1102. Petition generally - (a) Upon the petition of a majority in value of...
§ 20-17-1103. Petition — Notice and hearing - (a) (1) It shall be the duty of the county...
§ 20-17-1104. Board of commissioners — Appointment - (a) The board of commissioners of a cemetery district shall...
§ 20-17-1105. Board of commissioners — Powers and duties - (a) The commissioners may take charge of, purchase, and provide...
§ 20-17-1106. Board of commissioners — Proceedings — Officers — Employees — Selection of depository - (a) (1) Within thirty (30) days after their appointment, the...
§ 20-17-1107. Board of commissioners — Liability - No member of the board of commissioners shall be liable...
§ 20-17-1108. Formation of plans — Assessors and assessments generally - (a) Upon the qualification of the commissioners, they shall form...
§ 20-17-1109. Assessment — Notice and hearings - (a) The assessment shall be filed with the county clerk...
§ 20-17-1110. Assessment — Annual reassessment - (a) The commissioners shall one (1) time a year order...
§ 20-17-1111. Assessment — Order — Lien - (a) The board of commissioners of the district shall at...
§ 20-17-1112. Assessment — Filing and collection - (a) The original assessment record or any reassessment record shall...
§ 20-17-1113. Assessment — Time for payment — Failure to pay — Redemption - (a) (1) All annual benefits extended and levied under this...
§ 20-17-1114. Expenditures — Public proceedings and transactions — Filing of report - (a) The depository shall pay out no money except under...
§ 20-17-1115. Issuance of notes - (a) In order to acquire equipment and to do the...
§ 20-17-1116. Dissolution - (a) The district shall not cease to exist upon the...
§ 20-17-1117. Certain suits in public interest - (a) All cases involving the validity of the districts or...
§ 20-17-1118. Fee of collector and county clerk - In collecting annual benefit assessments in any district created under...
Subchapter 12 - Revised Arkansas Anatomical Gift Act
§ 20-17-1201. Short title - This subchapter shall be known and may be cited as...
§ 20-17-1202. Definitions - In this subchapter: (1) “Adult” means an individual who is...
§ 20-17-1203. Applicability - This subchapter applies to an anatomical gift or amendment to,...
§ 20-17-1204. Who may make anatomical gift before donor's death - Subject to § 20-17-1208, an anatomical gift of a donor's...
§ 20-17-1205. Manner of making anatomical gift before donor's death - (a) A donor may make an anatomical gift: (1) by...
§ 20-17-1206. Amending or revoking anatomical gift before donor's death - (a) Subject to § 20-17-1208, a donor or other person...
§ 20-17-1207. Refusal to make anatomical gift — Effect of refusal - (a) An individual may refuse to make an anatomical gift...
§ 20-17-1208. Preclusive effect of anatomical gift, amendment, or revocation - (a) Except as otherwise provided in subsection (g) and subject...
§ 20-17-1209. Who may make anatomical gift of decedent's body or part - (a) Subject to subsections (b) and (c) and unless barred...
§ 20-17-1210. Manner of making, amending, or revoking anatomical gift of decedent's body or part - (a) A person authorized to make an anatomical gift under...
§ 20-17-1211. Persons that may receive anatomical gift — Purpose of anatomical gift - (a) An anatomical gift may be made to the following...
§ 20-17-1212. Search and notification - (a) The following persons shall make a reasonable search of...
§ 20-17-1213. Delivery of document of gift not required — Right to examine - (a) A document of gift need not be delivered during...
§ 20-17-1214. Rights and duties of procurement organization and others - (a) When a hospital refers an individual at or near...
§ 20-17-1215. Coordination of procurement and use - Each hospital in this state shall enter into agreements or...
§ 20-17-1216. Sale or purchase of parts prohibited - (a) Except as otherwise provided in subsection (b), a person...
§ 20-17-1217. Other prohibited acts - A person that, in order to obtain a financial gain,...
§ 20-17-1218. Immunity - (a) A person that acts in accordance with this subchapter...
§ 20-17-1219. Law governing validity — Choice of law as to execution of document of gift — Presumption of validity - (a) A document of gift is valid if executed in...
§ 20-17-1221. Effect of anatomical gift on advance healthcare directive - (a) In this section: (1) “Advance healthcare directive” means a...
§ 20-17-1222. Cooperation between a coroner or the state medical examiner and a procurement organization - (a) A coroner and the state medical examiner shall cooperate...
§ 20-17-1223. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or the state medical examiner - (a) Upon request of a procurement organization, a coroner or...
§ 20-17-1225. Relation to Electronic Signatures in Global And National Commerce Act - This act modifies, limits, and supersedes the Electronic Signatures in...
Subchapter 13 - Insolvent Cemetery Grant Fund Act
§ 20-17-1301. Title - This subchapter shall be known and may be cited as...
§ 20-17-1302. Findings and purpose - The General Assembly finds that: (1) Perpetual care cemeteries provide...
§ 20-17-1303. Insolvent Cemetery Grant Fund - An Insolvent Cemetery Grant Fund is established within the general...
§ 20-17-1304. Powers and duties of State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services - The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial...
§ 20-17-1305. Eligibility for grants — Definition - (a) (1) As used in this section, “eligible organization” means...
§ 20-17-1306. Application - An eligible organization shall apply for grant payments under this...
§ 20-17-1307. Grant payments — Amount - (a) The Insurance Commissioner shall make grant payments under this...
§ 20-17-1308. Use of grant awards - A grant award under this subchapter shall be used by...
Subchapter 14 - Missing in America Project Act
§ 20-17-1401. Title - This subchapter shall be known and may be cited as...
§ 20-17-1402. Definitions - As used in this subchapter: (1) “Authorizing agent” means the...
§ 20-17-1403. Verification that the decedent was a veteran - (a) (1) The authorizing agent shall conduct a diligent search...
§ 20-17-1404. Authority to cremate unclaimed remains — Retention of the remains - (a) An authorizing agent may authorize the cremation of an...
§ 20-17-1405. Verification that unclaimed remains are a veteran's — Veteran status unknown at the time of final disposition of the body - A funeral establishment that is also the authorizing agent that...
§ 20-17-1406. Transfer of a veteran's remains - (a) (1) If the authorizing agent or funeral establishment determines...
§ 20-17-1407. Nonliability - A person, funeral establishment, veterans service organization, or Department of...
§ 20-17-1408. Reimbursement - (a) If a deceased veteran has an estate, the estate...