ArkansasHB16792025 Regular SessionHouse

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.

Sponsored By: Missy Irvin (Republican), Matt Brown (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Families can change donors' organ gifts

In Arkansas, a donor's health-care agent can change or cancel an organ or tissue gift before death. The agent must hold the donor's durable health-care power of attorney, and the donor's records must not forbid the change. After death, authority goes in order to the spouse, children, parents, siblings, grandparents, grandchildren, guardian, then next eligible kin. Outside a medical facility, changes are allowed after death is pronounced and circulation and breathing have irreversibly stopped. Inside a medical facility, changes must wait two hours after cardiac or asystolic death is pronounced. A sole child or a majority of surviving children can act; surviving siblings also generally need a majority. A remaining parent can act after reasonable efforts to locate an absent parent. For children, siblings, grandparents, or grandchildren, fewer than a majority can act after reasonable efforts to notify everyone in that group. The law conditions this exception on no opposition from more than half of all surviving children. People estranged from the donor cannot act, and authority can pass to the next qualifying person. A pending charge connected to the donor's death for capital murder, first-degree murder, second-degree murder, or manslaughter also blocks authority. That right returns after acquittal, dismissal, or the prosecution dropping the charge. A dispute among people sharing authority blocks any change. Decisions can be spoken or written. Providers following these rules, or trying in good faith, are protected from civil, criminal, and administrative liability. Federal law controls when it conflicts with these rules.

Organ recovery groups face reporting penalties

Public and private organ recovery groups in Arkansas must submit yearly written reports to the Legislative Council by January 31. Each report covers the group's most recent fiscal year. It lists organ and tissue numbers and types, separating gifts made before death from gifts authorized after death. It also lists uses for transplants, research, education, or other purposes, and names every organization receiving organs or tissues. Groups must report total related payments, payments by purpose, and counts of gift-revocation instances and communications. An executive must present the report and answer Council questions unless the Council excuses or waives that requirement. The Secretary of State must revoke the charter of a group that misses the reporting deadline. Private groups also face a ban on recovering organs in Arkansas.

Sponsors & Cosponsors

Sponsors

  • Missy Irvin

    Republican • Senate

  • Matt Brown

    Republican • House

Cosponsors

  • Alyssa Brown

    Republican • House

  • Brandon Achor

    Republican • House

  • Howard M. Beaty, Jr.

    Republican • House

  • Mary Bentley

    Republican • House

  • Cameron Cooper

    Republican • House

  • Matt Duffield

    Republican • House

  • Jon S. Eubanks

    Republican • House

  • Tony Furman

    Republican • House

  • Jimmy Gazaway

    Republican • House

  • Zack Gramlich

    Republican • House

  • RJ Hawk

    Republican • House

  • Jeremiah Moore

    Republican • House

  • Wayne Long

    Republican • House

  • Stephen Magie

    Democratic • House

  • Austin McCollum

    Republican • House

  • Jon Milligan

    Republican • House

  • Stetson Painter

    Republican • House

  • Aaron Pilkington

    Republican • House

  • Ryan A. Rose

    Republican • House

  • Stephen Meeks

    Republican • House

  • Bart Schulz

    Republican • House

  • Trey Steimel

    Republican • House

  • Kendon Underwood

    Republican • House

  • Steven Walker

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 313 • No: 4

House vote • 4/14/2025

House Vote - Monday, April 14, 2025 2:48:52 PM

Yes: 98 • No: 0

House vote • 4/14/2025

House Vote - Monday, April 14, 2025 2:47:04 PM

Yes: 95 • No: 0 • Other: 4

Senate vote • 4/9/2025

Senate Vote - Wednesday, April 9, 2025 6:51:04 PM

Yes: 32 • No: 1 • Other: 2

House vote • 3/20/2025

House Vote - Thursday, March 20, 2025 2:22:50 PM

Yes: 88 • No: 3 • Other: 2

Actions Timeline

  1. Notification that HB1679 is now Act 861

    4/17/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    4/15/2025House
  3. TO BE ENROLLED

    4/14/2025House
  4. Senate amendment # 2 read and concurred in.

    4/14/2025House
  5. Senate amendment # 1 read and concurred in.

    4/14/2025House
  6. Returned by the Committee with the recommendation that it do pass, concur in Senate Amendment No. 1 & 2

    4/10/2025House
  7. Re-referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

    4/9/2025House
  8. Returned from Senate as passed, as amended # 1 & 2

    4/9/2025House
  9. Returned to the House as passed as amended # 1 & 2 .

    4/9/2025Senate
  10. Read the third time and passed.

    4/9/2025Senate
  11. REPORTED CORRECTLY ENGROSSED

    4/9/2025Senate
  12. Amendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    4/9/2025Senate
  13. Placed on second reading for purpose of amendment.

    4/9/2025Senate
  14. Rules suspended.

    4/9/2025Senate
  15. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 2

    4/9/2025Senate
  16. Re-referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    4/8/2025Senate
  17. REPORTED CORRECTLY ENGROSSED

    4/8/2025Senate
  18. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    4/8/2025Senate
  19. Placed on second reading for purpose of amendment.

    4/8/2025Senate
  20. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1

    4/7/2025Senate
  21. Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    3/20/2025Senate
  22. Received from the House.

    3/20/2025Senate
  23. Read the third time and passed and ordered transmitted to the Senate.

    3/20/2025House
  24. REPORTED CORRECTLY ENGROSSED

    3/19/2025House
  25. Amendment No. 1 read and adopted and the bill ordered engrossed.

    3/19/2025House

Bill Text

  • HB1679 - Introduced

    3/4/2025

  • Act Version

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