130A-412.31. Giving of blood by persons 16 years of age or more. A person who is 16 years of age or more may give or donate blood to an individual, hospital, blood bank or blood collection center without the consent of the parent or parents or guardian of the donor. It shall be unlawful for […]
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. (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-412.4. Definitions. The following definitions apply in this Part: (1) "Adult" means an individual who is at least 18 years of age. (2) "Agent" means an individual: a. Authorized to make an anatomical gift on the principal’s behalf under a power of attorney for health care; or b. Expressly authorized to make an anatomical gift […]
130A-412.5. Applicability. This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (2007-538, s. 1.)
130A-412.6. Who may make an anatomical gift before donor’s death. Subject to G.S. 130A-412.10, an anatomical gift of a donor’s body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in G.S. 130A-412.7 by: (1) The donor, if the […]
130A-412.7. Manner of making anatomical gift before donor’s death. (a) A donor may make an anatomical gift by any of the following methods: (1) By authorizing that a statement or symbol be imprinted on the donor’s drivers license or identification card indicating that the donor has made an anatomical gift. A donor who originally became […]
130A-412.8. Amending or revoking anatomical gift before donor’s death. (a) Subject to G.S. 130A-412.10, a donor or other person authorized to make an anatomical gift under G.S. 130A-412.6 may amend or revoke an anatomical gift by: (1) A record signed by: a. The donor; b. The other person; or c. Subject to subsection (b) of […]
130A-412.9. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual’s body or body part by: (1) A record signed by: a. The individual; or b. Subject to subsection (b) of this section, another individual acting at the direction of the individual if the […]
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. 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-414.10. Enforcement. (a) Whenever it appears that a covered entity has violated or is violating any of the provisions of this Part, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this Part. The action may be brought in the […]
130A-414.2. Definitions. The following definitions apply in this Part: (1) Anatomical gift. – A donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion. (2) Auxiliary aids or services. – An aid or service that is used to provide information to an […]
130A-414.3. Organ transplant discrimination on the basis of disability prohibited. (a) It is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability: (1) Consider an individual ineligible to receive an anatomical gift or organ transplant. (2) Deny medical services or other services related to organ […]
130A-415. Unclaimed bodies; bodies claimed by the Lifeguardianship Council of The Arc of North Carolina, Inc.; disposition. (a) Any person, other than a person licensed as a funeral director or funeral service licensee in this State, including officers, employees, and agents of the State or of any unit of local government in the State, hospitals, […]
130A-416. Commission of Anatomy rules. The Commission of Anatomy is authorized to adopt rules necessary to implement the provisions of this Part. (1983, c. 891, s. 2.)
130A-417. Definitions. The following definitions shall apply throughout this Part: (1) "Dependent" means child, grandchild, spouse or parent of a migrant agricultural worker who moves with the migrant agricultural worker in response to the demand for seasonal agricultural labor. (2) "Migrant agricultural worker" means a worker who moves in response to the demand for seasonal […]
130A-418. Deceased migrant agricultural workers and their dependents. (a) Notwithstanding any other provisions of law, a person having knowledge of the death of a migrant agricultural worker or a worker’s dependent shall without delay report the death to the department of social services in the county in which the body is located together with any […]
130A-420. Authority to dispose of body or body parts. (a) An individual at least 18 years of age may authorize the type, place, and method of disposition of the individual’s own dead body by methods in the following order: (1) Pursuant to a preneed funeral contract executed pursuant to Article 13D of Chapter 90 of […]
130A-421. Parental consent to disposition of fetal remains. In every instance of unintended fetal death resulting from accidental injury, stillbirth, or miscarriage, the attending physician or individual in charge of the institution where the fetal remains were expelled or extracted shall obtain consent from the mother before the disposal of the fetal remains and shall […]
