Definitions

  1. Law
  2. Arkansas Code
  3. Public Health and Welfare
  4. Health and Safety
  5. Death and Disposition of the Dead
  6. Missing in America Project Act
  7. Definitions

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As used in this subchapter:

  1. (1) “Authorizing agent” means the person who assumes original and lawful possession of a body under § 20-17-102 or § 20-17-701 et seq.;

  2. (2) “DD Form 93” means a United States Department of Defense Record of Emergency Data or its successor form;

  3. (3)

    1. (A) “Funeral establishment” means an entity or person:

      1. (i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and

      2. (ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.

    2. (B) “Funeral establishment” includes the office of a coroner or medical examiner of:

      1. (i) A municipality of the State of Arkansas;

      2. (ii) A county of the state; or

      3. (iii) The state;

  4. (4) “Interment” means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground;

  5. (5) “Next of kin” means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind:

    1. (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93;

    2. (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition;

    3. (C) Third, a surviving spouse;

    4. (D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children;

    5. (E) Fifth, a surviving parent;

    6. (F) Sixth, a surviving sibling;

    7. (G) Seventh, a surviving grandparent;

    8. (H) Eighth, the guardian of the decedent at the time of the decedent's death; and

    9. (I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent;

  6. (6) “Person” means an individual, firm, partnership, copartnership, association, corporation, or other entity;

  7. (7) “Unclaimed remains” means the remains of a decedent when the next of kin entitled to the right to control the disposition of the remains:

    1. (A) Cannot be located; or

    2. (B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;

  8. (8) “Veteran” means a person who served in the United States active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable;

  9. (9) “Veterans cemetery” means a cemetery under the control of:

    1. (A) The United States Department of Veterans Affairs National Cemetery Administration; or

    2. (B) The Department of Veterans Affairs; and

  10. (10) “Veterans service organization” means an entity that is:

    1. (A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and

    2. (B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project.


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