§ 130A-412.32 – Duty of hospitals to establish organ procurement protocols.
130A-412.32. Duty of hospitals to establish organ procurement protocols. (a) In order to facilitate the goals of this Part, each hospital shall establish written protocols that: (1) Require that only the organ procurement organization designated by the Secretary of Health and Human Services be notified of all deaths or impending brain deaths meeting criteria for […]
§ 130A-412.33 – Duty of designated organ procurement organizations and tissue banks.
130A-412.33. Duty of designated organ procurement organizations and tissue banks. (a) After notification regarding an impending brain death, brain death, or cardiac death has been made to the federally designated organ procurement organization, the federally designated organ procurement organization shall evaluate donation potential. (b) The federally designated organ procurement organization or tissue bank shall assure […]
§ 130A-413 – Coordinated human tissue donation program; legislative findings and purpose; program established.
130A-413. Coordinated human tissue donation program; legislative findings and purpose; program established. (a) The General Assembly finds that there is an increasing need for human tissues for transplantation purposes; that there is a continuing need for human tissues for the purposes of medical education and research; and that these needs are not being sufficiently filled […]
§ 130A-414.1 – Legislative findings and declaration of policy.
130A-414.1. Legislative findings and declaration of policy. The General Assembly of North Carolina makes the following findings and declaration: (1) A mental or physical disability does not diminish a person’s right to health care. (2) The Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as amended, prohibits discrimination against individuals with disabilities, […]
§ 130A-412.16 – Rights and duties of procurement organization and others.
130A-412.16. Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the North Carolina Department of Transportation, Division of Motor Vehicles, and any donor registry that it knows exists for the […]
§ 130A-412.17 – Coordination of procurement and use.
130A-412.17. Coordination of procurement and use. Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (2007-538, s. 1.)
§ 130A-412.18 – Sale or purchase of body parts prohibited.
130A-412.18. Sale or purchase of body parts prohibited. (a) Except as otherwise provided in subsection (b) of this section, a person, that for valuable consideration, knowingly purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to occur after the individual’s death commits a […]
§ 130A-412.19 – Other prohibited acts.
130A-412.19. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class H felony and upon conviction may be fined up to fifty thousand dollars ($50,000) for […]
§ 130A-412.20 – Immunity.
130A-412.20. Immunity. (a) A person that acts with due care in accordance with this Part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical […]
§ 130A-412.21 – Law governing validity; choice of law as to execution of document of gift; presumption of validity.
130A-412.21. Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (1) This Part; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the […]