§ 20-17-801 - Fetus and tissue generally. - Arkansas Statutes

20-17-801. Fetus and tissue generally.

(a) (1) Any physician removing or otherwise acquiring any tissue of the human body may, in his or her discretion, after making or causing to be made such scientific examination of the tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the tissue may have been removed or acquired, authorize disposition of the tissue by incineration, cremation, burial, or other sanitary method approved by the State Board of Health. The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, prior to removal or acquisition of the tissue or at any time prior to its disposal, a written request that the tissue shall be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation.

(2) However, no tissue shall be delivered except as may be permitted by rules and regulations of the board.

(3) Any hospital or other institution acquiring possession of any tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the tissue as provided for in this subsection.

(b) (1) No external member of the human body may be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent thereto is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient, and no dead fetus shall be so disposed of within the same period of time unless consent thereto is obtained in writing from the mother of the dead fetus or the mother's spouse.

(2) For the purposes of this section, an external member of the human body is defined as an arm or one (1) or more joints thereof, a hand, a finger or one (1) or more joints thereof, a leg or one (1) or more joints thereof, a foot, a toe or one (1) or more joints thereof, an ear or the greater part thereof, or the nose or the greater part thereof.

(3) For the purposes of this section, a dead fetus is defined as a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(c) The board shall promulgate all reasonable and necessary rules and regulations to effectuate the provisions of this section.