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Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)

Arkansas

AR

Reviewed and updated July 2026

State Donor Registry
UAGA statute
UDDA statute

At a glance

Revocation of FPA after death
Yes
UAGA good faith immunity
Yes
20-17-1218
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
20-17-1221 - 20-17-1222
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown

Anatomical Gift Act

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 --> Section 20-17-1201 - 20-17-1229
When does FPA take effect?
After death.
20-17-1202 (3)
Is revocation of FPA after death allowed?
Yes
Does the UAGA include a good faith immunity clause?
Yes
20-17-1218
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
20-17-1221 - 20-17-1222

Determination of Death

Title 28 Wills, Estates, and Fiduciary Relationships --> Subtitle 2. Descent and Distribution 3. Chapter 10 Uniform Simultaneous Death Act --> Subchapter 2. Uniform Simultaneous Death Act --> Section 28-10-205
Types of death referenced in the UDDA

Death by cessation of circulatory and respiratory functions.
Death by cessation of all functions of the entire brain including brain stem.

Deaths which must be pronounced by a physician

No specific roles are specified.
"A determination of death must be made in accordance with accepted medical standards"

How many brain death declarations are required?
One brain death declaration is needed.
Could nurse pronouncement in DCD be possible?
Yes
Does the UDDA include a good faith immunity clause?
Unknown

Pediatric Nuances & Insights

A minor can make their own anatomical gift only if they are emancipated or legally eligible to apply for a driver’s license (age 16 or older). Otherwise, a parent or legal guardian can make the donation decision on behalf of an unemancipated minors. (Section 20-17-1204)

Unique Nuances to Note

The Arkansas General Assembly passed House Bill 1679 (Act 861) in 2025. However, Act 861 is currently subject to a federal court injunction and is not in effect. Arkansas currently operates under the existing Revised Arkansas Anatomical Gift Act framework while litigation concerning Act 861 remains pending.

Other Comments

Arkansas’s UDDA is named the “Uniform Simultaneous Death Act”. There are two subchapters under Chapter 10; only Subchapter 2, the Uniform Simultaneous Death Act (2005), should be considered because the others are being repealed.

Back to State Legislation & Donor Registries Map

Healthcare is managed state by state. Each state has its own version of the Uniform Anatomical Gift Act (UAGA), which outlines the rules around the gift of organs, eyes and tissues, as well as its own version of the Uniform Determination (or Declaration) of Death Act (UDDA).

In general, the majority of states have adopted the Revised UAGA, which emphasizes the legally binding nature of First Person Authorization (FPA) for donation. In most states FPA takes effect after death, at which point the decision cannot be revoked or amended. One must then review how that state determines a person to be dead under its UDDA. The exception is minors, where in most instances a parent can change the minor’s decision.

There can be nuances within state laws that differ from state to state. An effort has been made to highlight some of them here, however this reference is not all inclusive. It is highly advised to read each state’s UAGA and UDDA thoroughly for clarity.

This legislative reference guide is not intended to serve as legal advice. For further detailed questions, please contact your local OPO. For any inaccuracies or corrections, please contact The Alliance at info@organdonationalliance.org.