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Home » US Law » 2022 North Carolina General Statutes » Chapter 130A - Public Health » Article 16 - Postmortem Investigation and Disposition.

§ 130A-399 – Postmortem examination of inmates of certain public institutions.

130A-399. Postmortem examination of inmates of certain public institutions. Upon the death of any inmate of an institution maintained by the State, or a city, county, or other political subdivision of the State, for the care of individuals with a sickness, mental illness, or intellectual disability, the administrator of the institution in which the death […]

§ 130A-400 – Written consent for postmortem examinations required.

130A-400. Written consent for postmortem examinations required. An administrator of an institution shall not authorize a postmortem examination described in G.S. 130A-399 without first securing the written consent of the deceased person’s spouse, one of the next-of-kin or nearest known relative, or other person charged by law with the duty of burial, in the order […]

§ 130A-401 – Postmortem examinations in certain medical schools.

130A-401. Postmortem examinations in certain medical schools. The postmortem examinations and studies authorized by G.S. 130A-399 may be made in the laboratories of medical schools of colleges and universities on conditions established by the administrator. (1943, c. 87, s. 2; 1983, c. 891, s. 2.)

§ 130A-412.10 – Preclusive effect of an anatomical gift, amendment, or revocation.

130A-412.10. Preclusive effect of an anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical […]

§ 130A-412.11 – Who may make an anatomical gift of decedent's body or body part.

130A-412.11. Who may make an anatomical gift of decedent’s body or body part. (a) Subject to subsections (b) and (c) of this section, and unless barred by G.S. 130A-412.9 or G.S. 130A-412.10, an anatomical gift of a decedent’s body or body part for purpose of transplantation, therapy, research, or education may be made by any […]

§ 130A-412.13 – Persons that may receive anatomical gift; purpose of anatomical gift.

130A-412.13. Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, including the Commission on Anatomy, for research or education; […]

§ 130A-412.14 – Search and notification.

130A-412.14. Search and notification. A search of an individual who is reasonably believed to be dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal, and, if applicable, notification of the hospital to which the individual is taken, shall […]

§ 130A-412.15 – Delivery of document of gift not required; right to examine.

130A-412.15. Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the […]

§ 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-412.22 – Donor registry.

130A-412.22. Donor registry. The online Organ Donor Registry Internet site established pursuant to G.S. 20-43.2 shall be the State donor registry for anatomical gifts made pursuant to this Part. Requirements for maintenance and use of the State donor registry shall be as provided under G.S. 20-43.2. (2007-538, s. 1.)

§ 130A-412.23 – Cooperation between a medical examiner and the procurement organization.

130A-412.23. Cooperation between a medical examiner and the procurement organization. (a) The medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or […]

§ 130A-412.30 – Use of tissue declared a service; standard of care; burden of proof.

130A-412.30. Use of tissue declared a service; standard of care; burden of proof. The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to […]