reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-212 - Recognition of declaration executed in another state

A declaration executed in another state in compliance with the law of that state or of this state is validly executed for purposes of this subchapter.
Acts 1987, No. 713, § 12.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-213 - Effect of previous declaration

An instrument executed before July 20, 1987, which substantially complies with §
20-17-202(a)
must be given effect pursuant to the provision of this subchapter.
Acts 1987, No. 713, § 13.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-214 - Who may execute written request for another

(a)
If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:
(1)
A legal guardian of the patient, if one has been appointed;
(2)
In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;
(3)
The patient's spouse;
(4)
The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;
(5)
The parents of a patient over the age of eighteen (18);
(6)
The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;
(7)
Persons standing in loco parentis to the patient; or
(8)
A majority of the patient's adult heirs at law who participate in the decision.
(b)
(1)
Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.
(2)
Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
Acts 1987, No. 713, § 14; 2003, No. 1322, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-215 - Short title

This subchapter may be cited as the "Arkansas Rights of the Terminally Ill or Permanently Unconscious Act".
Acts 1987, No. 713, § 15.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-216 - Severability

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable.
Acts 1987, No. 713, § 16.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-217 - Effective date

This subchapter takes effect on July 20, 1987.
Acts 1987, No. 713, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 2 - ARKANSAS RIGHTS OF THE TERMINALLY ILL OR PERMANENTLY UNCONSCIOUS ACT (§§ 20-17-201 — 20-17-218) › Section 20-17-218 - Repeal

The following acts and parts of acts are repealed:
(1)
Acts 1977, No. 879; and
(2)
All laws and parts of laws in conflict with this subchapter.
Acts 1987, No. 713, § 18.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 3 - POSTMORTEMS (§§ 20-17-301 — 20-17-303) › Section 20-17-301 - Subchapter cumulative

This subchapter is cumulative and does not alter or repeal any law or laws in effect before June 9, 1955.
Acts 1955, No. 172, § 3; A.S.A. 1947, § 82-407n.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 3 - POSTMORTEMS (§§ 20-17-301 — 20-17-303) › Section 20-17-302 - Consent

(a)
Consent for a licensed physician to conduct a postmortem examination on the body of a deceased person shall be deemed sufficient when given by the deceased, if in writing, and signed and acknowledged before his or her death or when given by whichever one (1) of the following assumes custody of the body for purposes of burial:
(1)
Father;
(2)
Mother;
(3)
Husband;
(4)
Wife;
(5)
Child;
(6)
Guardian;
(7)
Next of kin; or
(8)
In the absence of any of the persons listed in subdivisions (a)(1)-(7) of this section, a friend or a person charged by law with the responsibility for burial.
(b)
If two (2) or more such persons assume custody of the body, consent of one (1) of them shall be deemed sufficient.
Acts 1955, No. 172, § 1; A.S.A. 1947, § 82-406.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 3 - POSTMORTEMS (§§ 20-17-301 — 20-17-303) › Section 20-17-303 - Disposition of body

After the examination has been completed, the dead body shall be delivered to the relatives or friends of the deceased person for burial.
Acts 1955, No. 172, § 2; A.S.A. 1947, § 82-407.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 5 - ANATOMICAL GIFTS GENERALLY (§§ 20-17-501 — 20-17-503) › Section 20-17-502 - Organ Donor Awareness Education Trust Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Organ Donor Awareness Education Trust Fund".
(b)
The fund shall consist of all moneys donated or collected for the purpose of educating or informing the public of the need for organ donations, all interest earned from the investment of fund balances, and any remaining fund balances carried forward from year to year.
(c)
The Secretary of the Department of Finance and Administration may accept any gifts, grants, bequests, devises, and donations made to the State of Arkansas for the purposes of organ donor awareness education. Moneys received for the purposes stated in this section shall be deposited into the fund.
(d)
The Department of Finance and Administration shall administer the fund.
(e)
The secretary shall grant funds available and appropriated from the fund to the Arkansas Regional Organ Recovery Agency, Inc. or its successor agency to be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness.
(f)
The Arkansas Regional Organ Recovery Agency, Inc. or its successor agency shall annually provide to the Chief Fiscal Officer of the State documentation evidencing that granted funds have been used in accordance with the purposes of this act.
Amended by Act 2019, No. 910,§ 3483, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3482, eff. 7/1/2019.
Acts 2003, No. 1362, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 5 - ANATOMICAL GIFTS GENERALLY (§§ 20-17-501 — 20-17-503) › Section 20-17-503 - Informational or educational booklets

(a)
If booklets or other information sources on the importance of organ donations are provided through the grant program established under §
20-17-502
, the Revenue Division of the Department of Finance and Administration shall make the materials available to the public through the various offices of the division.
(b)
The booklets or other information sources shall be approved by the Department of Health.
Acts 2003, No. 1362, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 6 - ARKANSAS ANATOMICAL GIFT ACT (§§ 20-17-601 — 20-17-618) › Section 20-17-617 - Procurement of transplantable tissue - Coroners - Procurement agencies

(a)
The coroners and medical examiners of the counties of Arkansas shall make reasonable efforts to facilitate procurement of transplantable organs and tissues in coordination with organ recovery agencies.
(b)
All organs and tissue procured in Arkansas shall be offered first to Arkansas patients before consideration of out-of-state patients unless that would be in conflict with federally mandated guidelines.
Acts 1991, No. 1010, § 1; 1993, No. 409, § 4; 1997, No. 75, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 6 - ARKANSAS ANATOMICAL GIFT ACT (§§ 20-17-601 — 20-17-618) › Section 20-17-618 - Organ donor registry

(a)
(1)
The Office of Driver Services shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the State of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's licenses.
(2)
The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift.
(b)
(1)
Access to the registry maintained by the organ procurement agency shall be provided to all other organ procurement agencies licensed, accredited, and approved under Arkansas law.
(2)
Organ procurement agencies may release information from the registry to tissue banks that have written agreements with the organ procurement agency.
(3)
However, information obtained from the registry shall not be distributed further to any other person or entity.
(c)
Any person whose name has been placed on the organ donor registry may have his or her name deleted by filing the appropriate form with the office.
Acts 1997, No. 75, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-701 - Definitions - Rights of coroner or courts unaffected

(a)
As used in this subchapter:
(1)
"Medical school" means a medical school or school of osteopathic medicine in this state that is:
(A)
Accredited by an accrediting agency recognized by the United States Department of Education; or
(B)
Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education;
(2)
"Next of kin" means a spouse, parent, child, sibling, or person otherwise authorized under §
20-17-702
;
(3)
"Unclaimed body" means a human body for which the next of kin:
(A)
Cannot be located; or
(B)
Does not exercise his or her right of disposition within the earlier of:
(i)
Two (2) days of notification of the death of the deceased; or
(ii)
Five (5) days of the death of the deceased; and
(4)
"Unclaimed remains" means the cremated remains of an unclaimed body.
(b)
This subchapter does not affect the right of a coroner to hold the dead body as described under §
20-17-703
for the purpose of investigating the cause of death or affect the right of any court of competent jurisdiction to enter an order affecting the disposition of the body.
Amended by Act 2019, No. 954,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Acts 1959, No. 22, § 13; A.S.A. 1947, § 82-405.10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-703 - Notice to medical schools - Definition

(a)
Any person in charge of a prison, morgue, hospital, funeral parlor, or mortuary, any person who is a public officer, agent, or employee of the state, any county or municipality, and all persons coming into possession, charge, or control of any human body that is unclaimed for burial may notify a medical school that the body, if unclaimed, is available for use in the advancement or study of medical science.
(b)
For the purpose of notifying a medical school of its availability, "unclaimed body" means a human body in the possession, charge, or control of the persons named in subsection (a) of this section for a period not to exceed forty-eight (48) hours, during which time a relative, next of kin, friend, representative of a fraternal society of which the deceased was a member, veterans service organization as defined in the Missing in America Project Act, §
20-17-1401
et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the body for burial purposes.
Amended by Act 2019, No. 954,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Amended by Act 2013, No. 723,§ 3, eff. 8/16/2013.
Acts 1959, No. 22, § 1; A.S.A. 1947, § 82-404.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-704 - Delivery to medical school

Upon expiration of the forty-eight (48) hours as provided in §
20-17-703
, if the body of a deceased person has not been claimed for burial, the person then having possession, charge, or control of the unclaimed body shall surrender or deliver the unclaimed body to a medical school if the unclaimed body has been offered to and requested by the medical school.
Amended by Act 2019, No. 954,§ 3, eff. 7/24/2019.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Acts 1959, No. 22, § 2; A.S.A. 1947, § 82-405.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-705 - Wishes of deceased for disposition honored

(a)
An unclaimed dead human body shall not be surrendered under this subchapter to a medical school if there is proof that the deceased has during his or her last illness expressed his or her desire to be buried or otherwise interred.
(b)
Any adult may by will or otherwise donate his or her body to a medical school under the Revised Arkansas Anatomical Gift Act, §
20-17-1201
et seq.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Acts 1959, No. 22, § 7; A.S.A. 1947, § 82-405.5; Acts 1993, No. 403, § 13; 2007, No. 839, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-706 - Cost of embalming and transportation

(a)
If a medical school is offered an unclaimed body and determines that there is a need for the unclaimed body, that the unclaimed body is suitable for anatomical science or study, and that the unclaimed body has not been embalmed, then the medical school, at its expense, shall immediately arrange for proper embalmment of the unclaimed body by a licensed embalmer, either with the person having possession, charge, or control of the unclaimed body if the person is a licensed embalmer or licensed funeral director or with any other licensed embalmer or licensed funeral director.
(b)
If the body has been embalmed before the claim of the medical school, as is customary, or the body is embalmed by its direction according to the provisions of this subchapter, the medical school shall pay twenty-five dollars ($25.00) as a reimbursement of embalming expenses and shall assume costs for transportation of the body when shipment is at its direction.
(c)
Should the body be embalmed before legal claim, any person or organization asserting legal claim to the body within forty-eight (48) hours after death as provided in this subchapter shall assume responsibility for at least twenty-five dollars ($25.00) of the cost thereof, together with reasonable costs for transportation of the body which may have been incurred.
(d)
If the deceased had provided for the use of his or her body for medical science under the Revised Arkansas Anatomical Gift Act, §
20-17-1201
et seq., and provided funds in his or her estate for burial, the medical school shall be free of all claims for the expenses as ordinarily provided under subsections (a)-(c) of this section.
Amended by Act 2019, No. 954,§ 4, eff. 7/24/2019.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Amended by Act 2013, No. 1132,§ 17, eff. 8/16/2013.
Acts 1959, No. 22, §§ 3, 14; A.S.A. 1947, §§ 82-405.1, 82-405.6; Acts 1993, No. 403, § 13.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-707 - Holding period for medical school

(a)
A medical school shall cause any unclaimed body offered and accepted under this subchapter to be retained in a proper state of preservation for fifteen (15) days after the date the unclaimed body is received by the medical school.
(b)
During the time period under subsection (a) of this section a relative, a next of kin, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, §
20-17-1401
et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the unclaimed body for burial or cremation at his or her or its expense as stated in §
20-17-706(a)
-(c).
(c)
If a claim is made, the medical school shall be reimbursed by the claimant for the embalming fee and transportation charges that have been incurred by the medical school in favor of the body claimed.
(d)
If the unclaimed body is not claimed by any person or organization within fifteen (15) days from the date of arrival at the medical school, then all right, title, and interest in the unclaimed body shall be deemed to vest in the state for the benefit of the medical school, and any living relative, next of kin, friend, or organization shall be deemed to have consented irrevocably to use of the unclaimed body for the advancement or study of medical science.
Amended by Act 2019, No. 954,§ 5, eff. 7/24/2019.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Amended by Act 2013, No. 723,§ 4, eff. 8/16/2013.
Acts 1959, No. 22, § 6; A.S.A. 1947, § 82-405.4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-708 - Disposition after use

(a)
At any time when a body as described in this subchapter has been used and deemed of no further value to medical science or study, the medical school shall cause the body to be buried or otherwise disposed of according to law, or the remains may be claimed by a member of the family of the deceased for burial at his or her expense if the body had been willed to the medical school.
(b)
If the body as described in §
20-17-703
is deemed unsuitable for anatomical study or research, the person having possession, charge, or control of the body shall be notified, and the body shall then be disposed of in accordance with existing laws, rules, and practices for disposing of unclaimed bodies.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Acts 1959, No. 22, §§ 4, 8; A.S.A. 1947, §§ 82-405.2, 82-405.7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-709 - Records

The medical school shall cause a complete record to be kept of all bodies received under this subchapter, and the record shall be open to inspection by any municipal, county, or state officer.
Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.
Acts 1959, No. 22, § 9; A.S.A. 1947, § 82-405.8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 7 - UNCLAIMED BODIES (§§ 20-17-701 — 20-17-710) › Section 20-17-710 - Nonliability

No person shall be civilly liable for possessing, examining, dissecting, or handling in any lawful manner any cadaver under this subchapter.
Acts 1959, No. 22, § 10; A.S.A. 1947, § 82-405.9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 8 - DISPOSITION OF HUMAN TISSUE (§§ 20-17-801 — 20-17-802) › Section 20-17-802 - Fetal remains resulting from abortion

(a)
A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with §
20-17-801
and the Arkansas Final Disposition Rights Act of 2009, §
20-17-102
.
(b)
A person shall not perform any biomedical or behavioral research on:
(1)
A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or
(2)
A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.
(c)
A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.
(d)
A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.
(e)
Subsection (d) of this section does not apply to:
(1)
A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion;
(2)
An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion;
(3)
The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;
(4)
Licensed physicians or their employees, agents, and servants while in the conduct of medical research;
(5)
Any licensed physician when performing a standard autopsy examination; or
(6)
Any person acting in accordance with §
20-17-801
or the Arkansas Final Disposition Rights Act of 2009, §
20-17-102
.
(f)
A person violating this section is guilty of a Class A misdemeanor.
Amended by Act 2017, No. 603,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 535,§ 1, eff. 7/22/2015.
Acts 1983, No. 714, §§ 1-7; A.S.A. 1947, §§ 82-436 -- 82-442.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-901 - Registration required

All cemeteries now existing in the state shall be registered with the county judge, if under his or her jurisdiction, or with the mayor, as the case may be, and a copy of the registration shall be filed with the Department of Health. This registration shall show the location and boundaries of the cemetery.
Acts 1929, No. 204, § 2; Pope's Dig., § 6447; Acts 1985, No. 1014, § 2; A.S.A. 1947, § 82-402.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-902 - Burial in registered cemetery required - Records

(a)
It shall be unlawful to bury a dead body outside of a registered cemetery.
(b)
The sexton or person in charge of the cemetery shall keep a correct record on a form prescribed by the Department of Health of each body buried in the cemetery.
Acts 1929, No. 204, § 3; Pope's Dig., § 6448; Acts 1985, No. 1014, § 3; A.S.A. 1947, § 82-403.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-903 - Application to locate or extend boundaries

(a)
Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery.
(b)
Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Department of Health for investigation from a sanitary standpoint. In making such an investigation the department shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation.
(c)
Having completed its investigation as promptly as can be done, the department shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application.
(d)
Having received the report from the department, the county judge or the mayor, as the case may be, as recommended by the department, shall either grant or deny the application.
(e)
Should the application be granted, the county judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the department a permit to establish or extend the cemetery in question.
(f)
The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the department.
Acts 1929, No. 204, § 1; Pope's Dig., § 6446; Acts 1985, No. 1014, § 1; A.S.A. 1947, § 82-401.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-904 - Perpetual care trust

(a)
By trust instrument or will, any person may establish a trust fund in perpetuity with the income from the trust fund to go to the upkeep of certain specified burial lots or plots in one (1) or more cemeteries or burial grounds in the State of Arkansas.
(b)
(1)
No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000).
(2)
The trust fund shall be:
(A)
Invested in state, municipal, or federal obligations;
(B)
Deposited for interest into a savings and loan association whose funds are insured by the Federal Deposit Insurance Corporation; or
(C)
Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation.
(3)
The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator.
(c)
The trustee of the fund shall file an annual report in the circuit court of the county in which the burial grounds are located showing the receipts and disbursements from the trust fund.
(d)
The provisions of subsections (a)-(c) of this section are in addition to any other laws relating to cemeteries and trust funds.
(e)
No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries.
Acts 1939, No. 122, § 1; 1965, No. 445, §§ 1-4; 1985, No. 597, § 1; A.S.A. 1947, §§ 50-108, 82-427 -- 82-430; Acts 2003, No. 766, § 1; 2007, No. 240, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-905 - Abandonment - Definition

(a)
The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population.
(b)
Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication.
(c)
Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in §
20-17-1013
.
(d)
After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property.
(e)
For the purposes of this section, an "abandoned cemetery" is a cemetery:
(1)
For which no permanent maintenance fund as provided in §
20-17-1013
has been established;
(2)
Which is not suitably maintained and preserved as a cemetery;
(3)
In which there have been no interments for a period of fifteen (15) years; and
(4)
Which contains at least six (6) permanent grave markers.
Acts 1965, No. 392, §§ 1-3; A.S.A. 1947, §§ 82-431 -- 82-433; Acts 1993, No. 403, § 14; 2005, No. 2001, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-907 - County abandoned cemetery registration boards

(a)
The county judge shall appoint three (3) members to an abandoned cemetery registration board if:
(1)
At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and
(2)
In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance.
(b)
Each member shall be a real property owner in the county.
(c)
(1)
The initial board members shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years.
(2)
The length of the term of each member shall be determined by the county judge when making the appointment.
(d)
As the terms of the board members expire, the county judge shall appoint successor board members to hold office for a term of three (3) years.
(e)
The county judge may reappoint a board member whose term is expiring.
(f)
If a vacancy occurs before a board member's term expires, the county judge shall appoint a new member to complete the term.
(g)
Members of the board shall serve without pay or other compensation for their services.
(h)
(1)
The board shall select one (1) of the board members as chair.
(2)
The chair shall serve at the pleasure of the board.
Acts 2005, No. 2001, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-908 - Responsibilities of county abandoned cemetery registration boards

(a)
A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in §
20-17-905
, but only after a petition has been filed pursuant to §
20-17-907
.
(b)
At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county.
(c)
(1)
If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.
(2)
Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.
(d)
The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.
Acts 2005, No. 2001, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-909 - Minimum maintenance for petitioned abandoned cemeteries

Petitioned abandoned cemeteries that are no more than one (1) acre in size are eligible for minimum maintenance.
Acts 2005, No. 2001, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-910 - Abandoned cemeteries on private property

(a)
If a petitioned abandoned cemetery is on private property with no access by the public, the property owner may grant permission to the county abandoned cemetery registration board to enter for maintenance by providing a written statement.
(b)
The statement shall be notarized and shall provide a conditional easement to the board for ingress and egress for the purpose of maintenance.
(c)
The easement shall be recorded at the county courthouse within sixty (60) days after signing.
Acts 2005, No. 2001, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 9 - CEMETERIES GENERALLY (§§ 20-17-901 — 20-17-911) › Section 20-17-911 - Minimum maintenance providers

Minimum maintenance for petitioned abandoned cemeteries may be secured from any source the county abandoned cemetery registration board can obtain, including work-release prisoners.
Acts 2005, No. 2001, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1001 - Title

This subchapter may be cited as the "Cemetery Act for Perpetually Maintained Cemeteries".
Acts 1977, No. 352, § 1; A.S.A. 1947, § 82-426.1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1003 - Application of subchapter - Exceptions

(a)
This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by:
(1)
A church or similar religious organization;
(2)
A municipality or county government;
(3)
A family, exclusively for its own family use; or
(4)
A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew.
(b)
Persons who do not and have never received more than two thousand dollars ($2,000) gross proceeds in any one (1) year from the sale of parcels of realty to be used as human burial sites are exempt from this subchapter.
(c)
All cemeteries that advertise or operate all or a part thereof as perpetual care or permanent maintenance cemeteries shall be subject to this subchapter regardless of the organization of the person or group owning and operating the cemetery or burial grounds.
Acts 1977, No. 352, § 3; 1981, No. 819, § 1; A.S.A. 1947, §§ 82-426.3, 82-426.3a.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1004 - [Repealed]

Repealed by Act 2017, No. 788,§ 32, eff. 7/1/2018.
Amended by Act 2013, No. 1132,§ 18, eff. 8/16/2013.
Acts 1977, No. 352, § 4; 1981, No. 512, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-426.4; Acts 1997, No. 250, § 190; 1997, No. 295, § 2; 2009, No. 715, § 3; 2011, No. 590, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1005 - [Repealed]

Repealed by Act 2017, No. 788,§ 33, eff. 7/1/2018.
Acts 1977, No. 352, § 4; 1981, No. 512, § 1; A.S.A. 1947, § 82-426.4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1006 - [Repealed]

Repealed by Act 2017, No. 788,§ 34, eff. 7/1/2018.
Amended by Act 2013, No. 390,§ 1, eff. 8/16/2013.
Acts 1977, No. 352, § 5; 1981, No. 512, § 2; A.S.A. 1947, § 82-426.5; Acts 1997, No. 295, § 3; 2001, No. 1242, § 2; 2007, No. 430, § 2; Acts 2009, No. 714, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1007 - Examination of cemetery

(a)
(1)
An examined cemetery company shall pay the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the examination:
(A)
One hundred dollars ($100) per day for each examiner who conducts the examination; and
(B)
The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner.
(2)
An examination shall be conducted by an employee of the State Insurance Department or board member.
(b)
In lieu of any financial examination that the board shall be authorized to make, the board may accept the audit of an independent certified public accountant, provided that the Insurance Commissioner has notified the cemetery company that the audit would be accepted and that the cemetery company has notified the commissioner in writing that an audit would be prepared.
Amended by Act 2017, No. 788,§ 35, eff. 7/1/2018.
Amended by Act 2013, No. 390,§ 2, eff. 8/16/2013.
Acts 1977, No. 352, § 20; 1981, No. 512, § 5; A.S.A. 1947, § 82-426.20; Acts 1997, No. 250, § 191; 2009, No. 715, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1009 - Permit - Investigation by Department of Health

(a)
Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary.
(b)
In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary.
(c)
(1)
After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board.
(2)
If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.
(d)
The cemetery shall pay the department any fee required by law.
Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018.
Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 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 subchapter and if the Department of Health approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for investigation and for approval or disapproval.
(b)
Immediately upon the submission of each application, the board shall investigate to determine the fitness of the cemetery company, the need for the cemetery, and all other questions bearing directly or indirectly upon the need or desirability from the public standpoint of the proposed cemetery or extension.
(c)
(1)
(A)
If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund.
(B)
The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder.
(2)
The permit shall be filed in the court of the county in which the cemetery is located and with the department.
Amended by Act 2017, No. 788,§ 39, eff. 7/1/2018.
Acts 1977, No. 352, § 10; A.S.A. 1947, § 82-426.10; Acts 1997, No. 295, § 5; 2009, No. 715, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1017 - Permanent maintenance fund - Voluntary contributions

The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed property bequeathed, devised, granted, given, or otherwise contributed to it.
Acts 1977, No. 352, § 15; A.S.A. 1947, § 82-426.15.