2005 North Carolina Code - General Statutes Article 16 - Postmortem Investigation and Disposition.

Article 16.

Postmortem Investigation and Disposition.

Part 1. Postmortem Medicolegal Examinations and Services.

§ 130A‑377.� Establishment and maintenance of central and district offices.

The Department shall establish and maintain a central office with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel, may also be established and maintained if considered necessary by the Department for the proper management of postmortem examinations. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1967, c. 1154, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

 

§ 130A‑378.� Qualifications and appointment of the Chief Medical Examiner.

The Chief Medical Examiner shall be a forensic pathologist certified by the American Board of Pathology and licensed to practice medicine. The Chief Medical Examiner shall be appointed by the Secretary. (1983, c. 891, s. 2.)

 

§ 130A‑379.� Duties of the Chief Medical Examiner.

The Chief Medical Examiner shall perform postmortem medicolegal examinations as provided in this Part. The Chief Medical Examiner may, upon request, provide instruction in health science, legal medicine and other subjects related to his duties at The University of North Carolina, the North Carolina Justice Academy and other institutions of higher learning. (1983, c. 891, s. 2.)

 

§ 130A‑380.� The Chief Medical Examiner's staff.

The Chief Medical Examiner may employ qualified pathologists to serve as Associate and Assistant Medical Examiners in the central and district offices. The Associate and Assistant Medical Examiners shall perform duties assigned by the Chief Medical Examiner. Forensic chemists may be employed by the Chief Medical Examiner to provide toxicological and related support. (1983, c. 891, s. 2.)

 

§ 130A‑381.� Additional services and facilities.

In order to provide proper facilities for investigating deaths as authorized in this Part, the Chief Medical Examiner may arrange for the use of existing public or private laboratory facilities. The Chief Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies and other studies and investigations. (1967, c. 1154, s. 1; 1973, c. 476,� s. 128; 1983, c. 891, s. 2.)

 

§ 130A‑382.� County medical examiners; appointment; term of office; vacancies.

One or more county medical examiners for each county shall be appointed by the Chief Medical Examiner for a three‑year term. County medical examiners shall be appointed from a list of physicians licensed to practice medicine in this State submitted by the medical society of the county in which the appointment is to be made. If no names are submitted by the society, the Chief Medical Examiner shall appoint one or more medical examiners from physicians in the county licensed to practice medicine in this State. In the event no licensed� physician in a county accepts an appointment, the Chief Medical Examiner may appoint one or more physicians licensed to practice medicine in this State from other counties or the local registrar, deputy registrar, subregistrar or coroner. In the event a medical examiner is unable to serve in a particular case or for a temporary period of time, the Chief Medical Examiner shall designate a physician licensed to practice medicine in this State, the local registrar, deputy registrar, subregistrar or coroner. A medical examiner may serve more than one county. The Chief Medical Examiner may take jurisdiction in any case or appoint another medical examiner to do so. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1963, c. 492, s. 4; 1967, c. 1154, s. 1; 1973, c. 476, s. 128; 1981, c. 187, ss. 2‑4; 1983, c. 891, s. 2.)

 

§ 130A‑383.� Medical examiner jurisdiction.

(a)������ Upon the death of any person resulting from violence, poisoning, accident, suicide or homicide; occurring suddenly when the deceased had been in apparent good health or when unattended by a physician; occurring in a jail, prison, correctional institution or in police custody; occurring pursuant to Article 19 of Chapter 15 of the General Statutes; or occurring under any suspicious, unusual or unnatural circumstance, the medical examiner of the county in which the body of the deceased is found shall be notified by a physician in attendance, hospital employee, law‑enforcement officer, funeral home employee, emergency medical technician, relative or by any other person having suspicion of such a death.� No person shall disturb the body at the scene of such a death until authorized by the medical examiner unless in the unavailability of the medical examiner it is determined by the appropriate law enforcement agency that the presence of the body at the scene would risk the integrity of the body or provide a hazard to the safety of others.� For the limited purposes of this Part, expression of opinion that death has occurred may be made by a nurse, an emergency medical technician or any other competent person in the absence of a physician.

(b)������ The discovery of anatomical material suspected of being part of a human body shall be reported to the medical examiner of the county in which the material is found.

(c)������ Upon completion of the investigation and in accordance with the rules of the Commission, the medical examiner shall release the body to the next of kin or other interested person who will assume responsibility for final disposition. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1963, c. 492, s. 4; 1967, c. 1154, s. 1; 1983, c. 891, s. 2; 1989, c. 353, s. 1.)

 

§ 130A‑384.� Notification concerning out‑of‑state body.

When a body is brought into this State for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death, the body shall be reported to a medical examiner in the county where the body resides or to the Chief Medical Examiner. These deaths may be investigated by the same procedure as deaths occurring in this State under G.S. 130A‑383. (1983, c. 891, s. 2.)

 

§ 130A‑385.� Duties of medical examiner upon receipt of notice; reports; copies.

(a)������ Upon receipt of a notification under G.S. 130A‑383, the medical examiner shall take charge of the body, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the Chief Medical Examiner on forms prescribed for that purpose.

The Chief Medical Examiner or the county medical examiner is authorized to inspect and copy the medical records of the decedent whose death is under investigation. In addition, in an investigation conducted pursuant to this Article, the Chief Medical Examiner or the county medical examiner is authorized to inspect all physical evidence and documents which may be relevant to determining the cause and manner of death of the person whose death is under investigation, including decedent's personal possessions associated with the death, clothing, weapons, tissue and blood samples, cultures, medical equipment, X rays and other medical images. The Chief Medical Examiner or county medical examiner is further authorized to seek an administrative search warrant pursuant to G.S. 15‑27.2 for the purpose of carrying out the duties imposed under this Article. In addition to the requirements of G.S. 15‑27.2, no administrative search warrant shall be issued pursuant to this section unless the Chief Medical Examiner or county medical examiner submits an affidavit from the office of the district attorney in the district in which death occurred stating that the death in question is not under criminal investigation.

The Chief Medical Examiner shall provide directions as to the nature, character and extent of an investigation and appropriate forms for the required reports. The facilities of the central and district offices and their staff services shall be available to the medical examiners and designated pathologists in their investigations.

(b)������ The medical examiner shall complete a certificate of death, stating the name of the disease which in his opinion caused death. If the death was from external causes, the medical examiner shall state on the certificate of death the means of death, and whether, in the medical examiner's opinion, the manner of death was accident, suicide, homicide, execution by the State, or undetermined. The medical examiner shall also furnish any information as may be required by the State Registrar of Vital Statistics in order to properly classify the death.

(c)������ The Chief Medical Examiner shall have authority to amend a medical examiner death certificate.

(d)������ A copy of the report of the medical examiner investigation may be forwarded to the appropriate district attorney.

(e)������ In cases where death occurred due to an injury received in the course of the decedent's employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of the medical examiner's report of the investigation, including the location of the fatal injury and the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical Examiner shall forward this report within 30 days of receipt of the information from the medical examiner.

(f)������� If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and the deceased was a client or resident of the facility or a recipient of facility services at the time of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report to the Secretary of Health and Human Services within 30 days of receipt of the report from the medical examiner. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1967, c. 1154, s. 1; 1973, c. 476, s. 128; 1977, 2nd Sess., c. 1145; 1983, c. 891, s. 2; 1989, c. 353, s. 2; c. 797; 1991 (Reg. Sess., 1992), c. 894, s. 6; 2000‑129, s. 4.)

 

§ 130A‑386.� Subpoena authority.

The Chief Medical Examiner and the county medical examiners are authorized to issue subpoenas for the attendance of persons and for the production of documents as may be required by their investigation. (1983, c. 891, s. 2.)

 

§ 130A‑387.� Fees.

For each investigation and prompt filing of the required report, the medical examiner shall receive a fee paid by the State. However, if the deceased is a resident of the county in which the death or fatal injury occurred, that county shall pay the fee. The fee shall be one hundred dollars ($100.00). (1983, c. 891, s. 2; 1991, c. 463, s. 1; 2005‑368, s. 1.)

 

§ 130A‑388.� Medical examiner's permission necessary before embalming, burial and cremation.

(a)������ No person knowing or having reason to know that a death may be under the jurisdiction of the medical examiner pursuant to G.S. 130A‑383 or 130A‑384, shall embalm, bury or cremate the body without the permission of the medical examiner.

(b)������ A dead body shall not be cremated or buried at sea unless a medical examiner certifies that he has inquired into the cause and the manner of death and has the opinion that no further examination is necessary. This subsection shall not apply to deaths occurring less than 24 hours after birth or to deaths of patients resulting only from natural disease and occurring in a licensed hospital unless the death falls within the jurisdiction of the medical examiner under G.S. 130A‑ 383 or 130A‑384. The Commission is authorized to adopt rules creating additional exceptions to this subsection. For making this certification, the medical examiner shall be entitled to a fee in an amount determined reasonable and appropriate by the Secretary, not to exceed fifty dollars ($50.00), to be paid by the applicant. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1963, c. 492, s. 4; 1967, c. 1154, s. 1; 1971, c. 444, s. 7; 1973, c. 873, s. 7; 1983, c. 891, s. 2.)

 

§ 130A‑389.� Autopsies.

(a)������ If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made; or, if an autopsy or other study is requested by the district attorney of the county or by any superior court judge, an autopsy or other study shall be made by the Chief Medical Examiner or by a competent pathologist designated by the Chief Medical Examiner. A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the limitations of G.S. 130A‑389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request. A fee for the autopsy or other study shall be paid by the State. However, if the deceased is a resident of the county in which the death or fatal injury occurred, that county shall pay the fee. The fee shall be one thousand dollars ($1,000).

(b)������ In deaths where the Chief Medical Examiner and the medical examiner investigating the case do not deem it advisable and in the public interest that an autopsy be performed, but the next‑of‑kin of the deceased requests that an autopsy be performed, the Chief Medical Examiner or a designated pathologist may perform the autopsy, unless the deceased's health care power of attorney granted authority for such decisions to the health care agent. If the Chief Medical Examiner or a designated pathologist performs the autopsy at the request of the next of kin, the cost shall be paid by the next of kin.

(c)������ When the next‑of‑kin of a decedent whose death does not fall under G.S. 130A‑383 or 130A‑384 requests that an autopsy be performed, the Chief Medical Examiner or a designated pathologist may perform that autopsy and the cost shall be paid by the next‑of‑kin.

(d)������ The report of autopsies performed pursuant to subsections (b) and (c) shall be a part of the decedents' medical records and therefore not public records open to inspection. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1967, c. 1154, s. 1; 1973, c. 47, s. 2; c. 476, s. 128; 1975, c. 9; 1981, c. 187, s. 7; c. 562, p. 5; 1983, c. 891, s. 2; 1991, c. 463, s. 2; 1998‑212, s. 29A.10(a); 2005‑351, s. 4; 2005‑393, s. 2.)

 

§ 130A‑389.1.� Photographs and video or audio recordings made pursuant to autopsy.

(a)������ Except as otherwise provided by law, any person may inspect and examine original photographs or video or audio recordings of an autopsy performed pursuant to G.S. 130A‑389(a) at reasonable times and under reasonable supervision of the custodian of the photographs or recordings. Except as otherwise provided by this section, no custodian of the original recorded images shall furnish copies of photographs or video or audio recordings of an autopsy to the public. For purposes of this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or video or audio recordings unless the photographs or recordings were taken by or at the direction of an investigating medical examiner and the investigating medical examiner retains the original photographs or recordings. If the investigating medical examiner has retained the original photographs or recordings, then the investigating medical examiner is the custodian of the photographs or video or audio recordings and must allow the public to inspect and examine them in accordance with this subsection.

(b)������ The following public officials may obtain copies of autopsy photographs or video or audio recordings for official use only. These public officials shall not disclose the photographs or video or audio recordings to the public except as provided by law:

(1)������ The Chief Medical Examiner or a pathologist designated by the Chief Medical Examiner.

(2)������ Investigating Medical Examiner.

(3)������ District attorney.

(4)������ Superior court judge.

(5)������ Law enforcement officials conducting an investigation relating to the death.

A public official authorized by this subsection to obtain copies may provide a copy of the photograph or videotape to another person for the sole purpose of aiding in the identification of the deceased through publication of the photograph or videotape.

(c)������ The following persons may obtain copies of autopsy photographs or video or audio recordings but may not disclose the photographs or video or audio recordings to the public unless otherwise authorized by law:

(1)������ The personal representative of the estate of the deceased.

(2)������ A person authorized by an order issued in a special proceeding pursuant to subsection (d) of this section.

(3)������ A physician licensed to practice in North Carolina who uses a copy of the photographs or video or audio recording to confer with attorneys or others with a bona fide professional need to use or understand forensic science, provided that the physician promptly returns the copy to the custodian.

(4)������ After redacting all information identifying the decedent, including name, address, and social security number, and after anonymizing any physical recognition, a medical examiner, coroner, physician, or their designee who uses such material for:

a.�������� Medical or scientific teaching or training purposes;

b.�������� Teaching or training of law enforcement personnel;

c.�������� Teaching or training of attorneys or others with a bona fide professional need to use or understand forensic science;

d.�������� Conferring with medical or scientific experts in the field of forensic science; or

e.�������� Publication in a scientific or medical journal or textbook.

����������� A medical examiner, coroner, or physician who has in good faith complied with this subsection shall not be subject to any penalty under this section.

Any person who lawfully obtains a copy of a photograph or video or audio recording pursuant to this subsection shall be required to sign a statement acknowledging that they have received notice that any unauthorized disclosure of the photograph or video or audio recording is a Class 2 misdemeanor.

(d)������ A person who is denied access to copies of photographs or video or audio recordings, or who is restricted in the use the person may make of the photographs or video or audio recordings under this section, may commence a special proceeding in accordance with Article 33 of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family's right to privacy and whether the disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form. In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording of an autopsy shall be under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in accordance with Article 27A of Chapter 1 of the General Statutes.

(e)������ The petitioner shall provide reasonable notice of the commencement of a special proceeding, as authorized by subsection (d) of this section, and reasonable notice of the opportunity to be present and heard at any hearing on the matter in accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided to the personal representative of the estate of the deceased, if any, and to the surviving spouse of the deceased. If there is no surviving spouse, then the notice shall be provided to the deceased's parents, and if the deceased has no living parent, then to the adult child of the deceased or to the guardian or custodian of a minor child of the deceased.

(f)������� This section does not apply to the use of autopsy photographs or video or audio recordings in a criminal, civil, or administrative proceeding except that nothing in this section prohibits a court or presiding officer, upon good cause shown, from restricting or otherwise controlling the disclosure to persons other than the parties and attorneys to the proceeding of an autopsy, crime scene, or similar photograph or video or audio recordings in the manner provided under this section.

(g)������ Any person who willfully and knowingly violates this section is guilty of a Class 2 misdemeanor, provided that more than one disclosure of the same item by the same person is not a separate offense.

(h)������ Any person not authorized by this section to obtain a copy of an autopsy photograph or video or audio recording, who knowingly and willfully removes, copies, or otherwise creates an image of an autopsy photograph or video or audio recording with intent to steal the same, is guilty of a Class 1 misdemeanor. (2005‑393, s. 3.)

 

§ 130A‑390.� Exhumations.

(a)������ In any case of death described in G.S. 130A‑383 or 130A‑384 where the body is buried without investigation by a medical examiner as to the cause and manner of death or where sufficient cause develops for further investigation after a body is buried as determined by a county medical examiner or the Chief Medical Examiner, the Chief Medical Examiner shall authorize an investigation and send a report of the investigation with recommendations to the appropriate district attorney. The district attorney may forward the report to the superior court judge and petition for disinterment. The judge may order that the body be exhumed and that an autopsy be performed by the Chief Medical Examiner. A report of the autopsy and other pathological studies shall be delivered to the judge. The cost of the exhumation, autopsy, transportation and disposition of the body shall be paid by the State. However, if the deceased is a resident of the county in which death or fatal injury occurred, that county shall pay the cost.

(b)������ Any person may petition a judge of the superior court for an order of exhumation. Upon showing of sufficient cause, the judge may order the body exhumed. The cost incurred shall be assigned to the petitioner.

(c)������ Without applying for a judicial exhumation order, the next‑of‑kin of a deceased person may have the remains exhumed, examined by the Chief Medical Examiner and redisposed. The cost shall be paid by the next‑of‑kin. (1983, c. 891, s. 2; 1991, c. 463, s. 3.)

 

§ 130A‑391.� Corneal tissue removal.

(a)������ A medical examiner or a regional pathologist may provide corneal tissue from a decedent under the jurisdiction of the medical examiner or the regional pathologist to the North Carolina Eye and Human Tissue Bank or other donee specified in G.S. 130A‑405 under the following conditions:

(1)������ a.�������� Consent from next‑of‑kin is obtained in accordance with G.S. 130A‑404; or

b.,c.���� Repealed by Session Laws 1983 (Regular Session, 1984), c. 992, s. 1.

d.�������� No objections are known to the medical examiner or regional pathologist; and

(2)������ The removal of the corneal tissue for transplant will not interfere with any subsequent course of investigation or autopsy or alter the postmortem facial appearance.

(b)������ If the requirements of subsection (a) have been met, neither the medical examiner, the regional pathologist, nor the donee shall be liable in any civil action brought by the next‑of‑kin on the contention that authorization of next‑of‑kin was required to remove the corneal tissue. (1981, c. 782, s. 1; 1983, c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 992, s. 1.)

 

§ 130A‑392.� Reports and records as evidence.

Reports of investigations made by a county medical examiner or by the Chief Medical Examiner and toxicology and autopsy reports made pursuant to this Part may be received as evidence in any court or other proceeding. Copies of records, photographs, laboratory findings and records in the Office of the Chief Medical Examiner, any county medical examiner or designated pathologist, when duly certified, shall have the same evidentiary value as the original. (1967, c. 1154, s. 1; 1973, c. 476, s. 128; 1981, c. 187, s. 8; 1983, c. 891, s. 2.)

 

§ 130A‑393.� Rules.

The Commission shall adopt rules to carry out the intent and purpose of this Part. (1967, c. 1154, s. 1; 1973, c. 476, s. 128; 1981, c. 614, s. 15; 1983, c. 891, s. 2.)

 

§ 130A‑394.� Coroner to hold inquests.

In every case requiring the medical examiner to be notified, as provided by G.S. 130A‑383, the coroner shall be notified by the medical examiner, and the coroner shall hold an inquest and preliminary hearing in those instances as required in G.S. 152‑7. The coroner shall file a written report of his investigation with the district attorney of the superior court and the medical examiner. The body shall remain in the custody and control of the medical examiner.� However, if a county has abolished the office of coroner pursuant to the provisions of Chapter 152A at a time when Chapter 152A was in effect in the county: (i) The provisions of this Article relating to coroner shall not be applicable to the county, (ii) the provisions of G.S. 152A‑9 shall remain in full force and effect in the county, and (iii) Chapter 152 of the General Statutes shall not be applicable in the county. (1955, c. 972, s. 1; 1957, c. 1357, s. 1; 1967, c. 1154, s. 1; 1969, c. 299; 1973, c. 47, s. 2; 1983, c. 891, s. 2; 1985, c. 462, s. 1.)

 

§ 130A‑395.� Handling and transportation of bodies.

(a)������ It shall be the duty of the physician licensed to practice medicine under Chapter 90 attending any person who dies and is known to have smallpox, plague, HIV infection, hepatitis B infection, rabies, or Jakob‑Creutzfeldt to provide written notification to all individuals handling the body of the proper precautions to prevent infection.� This written notification shall be provided to funeral service personnel at the time the body is removed from any hospital, nursing home, or other health care facility.� When the patient dies in a location other than a health care facility, the attending physician shall notify the funeral service personnel verbally of the precautions required in subsections (b) and (c) as soon as the physician becomes aware of the death.

(b)������ The body of a person who died from smallpox or plague shall not be embalmed.� The body shall be enclosed in a strong, tightly sealed outer case which will prevent leakage or escape of odors as soon as possible after death and before the body is removed from the hospital room, home, building, or other premises where the death occurred.� This case shall not be reopened except with the consent of the local health director.

(c)������ Persons handling bodies of persons who died and were known to have HIV infection, hepatitis B infection, Jakob‑Creutzfeldt, or rabies shall be provided written notification to observe blood and body fluid precautions. (1989, c. 698, s. 4.)

 

§§ 130A‑396 through 130A‑397: Reserved for future codification purposes.

 

Part 2. Autopsies.

§ 130A‑398.� Limitation on right to perform autopsy.

The right to perform an autopsy shall be limited to those cases in which:

(1)������ The Chief Medical Examiner or a county medical examiner, acting pursuant to G.S. 130A‑389, directs that an autopsy be performed;

(2)������ The Commission of Anatomy, acting pursuant to G.S. 130A‑415, has given written consent for an autopsy to be performed on an unclaimed body;

(3)������ A prosecuting officer or district attorney, acting pursuant to G.S. 15‑7 in case of homicide, directs that an autopsy be performed;

(4)������ The decedent directs in writing prior to death that an autopsy be performed upon the occurrence of the decedent's death;

(4a)���� The health care agent under a health care power of attorney with authority to make decisions with respect to autopsies requests that an autopsy be performed upon the deceased principal;

(5)������ The personal representative of the estate of the decedent requests that an autopsy be performed upon the decedent; or

(6)������ Any of the following persons, in order of priority, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual opposition by a member of the same or prior class, authorizes an autopsy to be performed:

a.�������� The spouse;

b.�������� Any adult child or stepchild;

c.�������� Any parent or stepparents;

d.�������� Any adult sibling;

e.�������� A guardian of the person of the decedent at the time of the decedent's death;

f.��������� Any relative or person who accepts responsibility for final disposition of the body by other customary and lawful procedures;

g.�������� Any person under obligation to dispose of the body. (1931, c. 152; 1933, c. 209; 1967, c. 1154, s. 4; 1969, c. 444; 1973, c. 47, s. 2; 1983, c. 891, s. 2; 2005‑351, s. 5.)

 

§ 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 the sick, mentally ill or mentally retarded, the administrator of the institution in which the death occurs is empowered to authorize a postmortem examination of the deceased person. The examination shall be of a scope and nature necessary to promote knowledge of the human organism and its disorders. (1943, c. 87, s. 1; 1983, c. 891, s. 2.)

 

§ 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 named and as known. A copy of the written consent shall be filed in the office of the administrator of the institution where the inmate died. (1943, c. 87, s. 3; 1983, c. 891, s. 2.)

 

§ 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.)

 

Part 3. Uniform Anatomical Gift Act.

§ 130A‑402.� Short title.

This Part may be cited as the Uniform Anatomical Gift Act. (1969, c. 84, s. 1; 1983, c. 891, s. 2.)

 

§ 130A‑403.� Definitions.

The following definitions shall apply throughout this Part:

(1)������ "Bank or storage facility" means a facility licensed, accredited or approved under the laws of any state for storage or distribution of a human body or its parts.

(2)������ "Decedent" means a deceased individual and includes a stillborn infant or fetus.

(3)������ "Donor" means an individual who makes a gift of all or part of the individual's body.

(4)������ "Hospital" means a hospital licensed, accredited or approved under the laws of any state and a hospital operated by the United States government, a state or its subdivision, although not required to be licensed under state laws.

(5)������ "Part" means organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions of a human body.

(6)������ "Physician" or "surgeon" means a physician or surgeon licensed to practice medicine under the laws of any state.

(7)������ "State" includes any state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.

(7a)���� "Tissue bank" means any facility or program operating in North Carolina that is certified by the American Association of Tissue Banks or the Eye Bank Association of America, or is registered with the Food and Drug Administration as a tissue bank, and is involved in procuring, furnishing, donating, or distributing corneas, bones, or other human tissue for the purpose of injecting, transfusing, or transplanting any of them into the human body. "Tissue bank" does not include a licensed blood bank.

(8)������ "Qualified individual" means any of the following individuals who have completed a course in eye enucleation and have been certified as competent to enucleate eyes or perform in situ excision by an eye bank accredited by the Eye Bank Association of America or by an accredited school of medicine in this State:

a.�������� An embalmer licensed to practice in this State;

b.�������� A physician's assistant approved by the North Carolina Medical Board pursuant to G.S. 90‑18(13);

c.�������� A registered or a licensed practical nurse licensed by the Board of Nursing pursuant to Article 9A of Chapter 90 of the General Statutes;

d.�������� A student who is enrolled in an accredited school of medicine operating within this State and who has completed two or more years of a course of study leading to the awarding of a degree of doctor of medicine;

e.�������� A technician who has successfully completed a written examination administered by an eye bank that is registered with the Food and Drug Administration and accredited by the Eye Bank Association of America. (1969, c. 84, s. 1; 1971, c. 873, s. 1; 1975, c. 32, ss. 1, 2; 1983, c. 891, s. 2; 1985, c. 524; 1995, c. 94, s. 33; 1997‑192, s. 1; 2001‑255, s. 1.)

 

§ 130A‑404.� Persons who may make an anatomical gift.

(a)������ An individual of sound mind and 18 years of age or more may give all or any part of that individual's body for any purpose specified in G.S. 130A‑405. A gift made in accordance with G.S. 130A‑406 shall be sufficient legal authority for procurement without additional authority from the donor or the donor's family or estate. The gift shall take effect upon death. A gift made by the donor in accordance with G.S. 130A‑406 may not be revoked upon the donor's death, and neither the donor's family nor the donor's health care agent appointed pursuant to Article 3 of Chapter 32A of the General Statutes may refuse to honor the gift or thwart the procurement of the donation.

(b)������ If the decedent has not made a gift in the manner prescribed in G.S. 130A‑406, then any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in G.S. 130A‑405.

(1)������ The health care agent under a health care power of attorney with authority to make decisions with respect to anatomical gifts;

(2)������ The spouse;

(3)������ An adult child;

(4)������ Either parent;

(5)������ An adult sibling;

(6)������ A guardian of the person of the decedent at the time of decedent's death;

(7)������ Any other person authorized or under obligation to dispose of the body.

(c)������ The persons authorized by subsection (b) may make the gift after or immediately before death. However, the guardian of the person of a ward may make the gift at any time during the guardianship and the gift shall become effective upon the death of the ward unless the guardianship terminated before death.

(d)������ If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift.

(e)������ A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(f)������� The rights of the donee created by the gift are paramount to the rights of others except as provided by G.S. 130A‑409(d). (1969, c. 84, s. 1; 1977, c. 166, s. 1; 1983, c. 891, s. 2; 2001‑481, s. 2; 2005‑351, s. 6.)

 

§ 130A‑405.� Persons who may become donees; purposes for which anatomical gifts may be made.

The following persons may become donees of gifts of a human body or its parts for the purposes stated:

(1)������ A hospital, surgeon or physician for medical or dental education, research, advancement of medical or dental science, therapy or transplantation;

(2)������ An accredited medical or dental school, college or university for education, research, advancement of medical or dental science or therapy;

(3)������ A bank or storage facility, for medical or dental education,� research, advancement of medical or dental science, therapy or transplantation;

(4)������ A specified individual for therapy or transplantation needed by that individual; or

(5)������ The Commission of Anatomy for the distribution of a human body or its parts for the purpose of promoting the study of anatomy in this State. (1969, c. 84, s. 1; 1975, c. 694, ss. 4, 5; 1983, c. 891, s. 2.)

 

§ 130A‑406.� Manner of making anatomical gifts.

(a)������ A gift of all or part of the body under G.S. 130A‑404(a) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is valid and effective.

(b)������ A gift of all or part of the body under G.S. 130A‑404(a) may also be made by a document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the individual, must be signed by the donor in the presence of two witnesses who must sign the document in the donor's presence. If the donor cannot sign, the document may be signed for the donor at the direction and in the presence of the donor and in the presence of two witnesses who must sign the document in the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

(c)������ The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee.

(d)������ The donor may designate by will, card or other document of gift the surgeon or physician to carry out the appropriate procedures, subject to the provisions of G.S. 130A‑409(b). In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for that purpose.

(e)������ In respect to a gift of an eye, a qualified individual may enucleate eyes or perform in situ excision for the gift after proper certification of death by a physician and upon the express direction of a physician other than the one who certified the death of the donor.

(f)������� A gift by a person designated in G.S. 130A‑404(b) shall be made by a document signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message. However, a guardian of the person of a ward who makes a gift of all or any part of the ward's body prior to the ward's death shall make the gift by a document signed by the guardian and filed with the clerk of court having jurisdiction over the guardian.

(g)������ The making of a gift shall be deemed to include an authorization to the donee to review any medical records of the donor after the death of the donor. (1969, c. 84, s. 1; 1971, c. 873, s. 2; 1975, c. 32, s. 3; 1977, c. 166, s. 2; 1979, c. 525, s. 11; 1983, c. 891, s. 2; 2001‑255, s. 2.)

 

§ 130A‑407.� Delivery of document of gift.

If the gift is made by the donor or the guardian to a specified donee, the will, card or other document or executed copy may be delivered to the donee at any time to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document or executed copy may be deposited in a hospital, bank or storage facility, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's or ward's death, the person in possession shall produce the document for examination. (1969, c. 84, s. 1; 1977, c. 166, s. 3; 1983, c. 891, s. 2.)

 

§ 130A‑408.� Amendment or revocation of the gift.

(a)������ If the will, card or other document or executed copy has been delivered to a specified donee, the donor may amend or revoke the gift by:

(1)������ The execution and delivery to the donee of a signed statement;

(2)������ An oral statement made in the presence of two persons and communicated to the donee;

(3)������ A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or

(4)������ A signed card or document found on the individual or in the individual's effects, and made known to the donee.

(b)������ A guardian may amend or revoke the gift by the execution and� delivery to the donee of a signed statement.

(c)������ Any document of gift which has not been delivered to the donee may be revoked by the donor or guardian in the manner set out in subsection (a) or by destruction, cancellation or mutilation of the document and all executed copies.

(d)������ Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a). (1969, c. 84, s. 1; 1977, c. 166, ss. 4, 5; 1983, c. 891, s. 2.)

 

§ 130A‑409.� Rights and duties at death.

(a)������ The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee shall, subject to the terms of the gift, authorize embalming and the use of the body in funeral services, upon request of the surviving spouse or other person listed in the order stated in G.S. 130A‑404(b). If the gift is of a part of the body, the donee, upon the death of the donor or ward and prior to embalming, shall, within 24 hours, cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next‑of‑kin or other persons under obligation to dispose of the body.

(b)������ The time of death shall be determined by a physician who attends the donor or ward at death, or, if none, the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part.

(c)������ A person who acts with due care in accord with the terms of this Part or the anatomical gift laws of another state is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for the act. A person may rely upon a document registered with the Advance Health Care Directive Registry maintained by the Secretary of State pursuant to Article 21 of Chapter 130A of the General Statutes to the same extent as the person can rely upon the original of that document.

(d)������ The provisions of this Part are subject to the laws of this State prescribing powers and duties with respect to autopsies. (1969, c. 84, s. 1; 1977, c. 166, s. 6; 1983, c. 891, s. 2; 2001‑455, s. 6; 2001‑513, s. 30(b).)

 

§ 130A‑410.� 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 be, for all purposes, the rendition of a service by every participating person or institution. Whether or not any remuneration is paid, the service is declared not to be a sale of whole blood, plasma, blood products, blood derivatives or other human tissues, for any purpose. No person or institution shall be liable in warranty, express or implied, for the procurement, processing, distribution or use of these items but nothing in this section shall alter or restrict the liability of a person or institution in negligence or tort in consequence of these services. (1971, c. 836; 1983, c. 891, s. 2.)

 

§ 130A‑411.� Giving of blood by persons 17 years of age or more.

A person who is 17 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 a person under the age of 18 years to sell blood. (1971, c. 10; c. 1093, s. 16; 1977, c. 373; 1983, c. 891, s. 2.)

 

§ 130A‑412.� Uniformity of interpretation.

This Part shall be so construed to effectuate its general purpose to make uniform the law of those states which enact it. (1969, c. 84, s. 1; 1983, c. 891, s. 2.)

 

§ 130A‑412.1.� 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 notification as established by the designated organ procurement organization; and

(2)������ Ensure that notification required under subdivision (1) of this subsection be made as soon as it is determined that brain death is imminent or cardiac death has occurred.

(b)������ Hospitals shall provide their federally designated organ procurement organizations and tissue banks reasonable access to patients' medical records for the purpose of determining organ or tissue donation potential.

(c)������ The family of any person whose organ or tissue is donated for transplantation shall not be financially liable for any costs related to the evaluation of the suitability of the donor's organ or tissue for transplantation, or for any costs of retrieval of the organ or tissue.

(d)������ Each hospital shall provide its federally designated organ procurement organization with reasonable access during regular business hours to the medical records of deceased patients for the following purposes:

(1)������ Determining the hospital's organ and tissue donation potential;

(2)������ Assessing the educational needs of the hospital in regard to the organ and tissue donation process; and

(3)������ Providing documentation to the hospital to evaluate the effectiveness of the hospital's efforts.

(e)������ Each hospital shall have a signed agreement with its federally designated organ procurement organization that addresses the requirements of this section and the requirements of G.S. 130A‑412.2.

(f)������� The requirements of this section, or of any hospital procurement protocols established pursuant to this section, shall not exceed those provided for by the hospital organ protocol provisions of Title XI of the Social Security Act, except for the purposes of this section the term "organ and tissue donors" shall include cornea and tissue donors for transplantation.

(g)������ Hospitals and hospital personnel shall not be subject to civil or criminal liability nor to discipline for unprofessional conduct for actions taken in good faith to comply with this section.� This subsection shall not provide immunity from civil liability arising from gross negligence. (1987, c. 719, s. 1; 1989, c. 537, s. 4; 1997‑192, s. 2; 1997‑456, s. 48.)

 

§ 130A‑412.2.� 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 that families of potential organ and tissue donors are made aware of the option of organ and tissue donation and their option to decline.

(c)������ The federally designated organ procurement organization or tissue bank shall, working collaboratively with the hospital, request consent for organ or tissue donation in the order of priority established under G.S. 130A‑404(b) and shall have designated, trained staff available to perform the consent process 24 hours a day, 365 days a year.

(d)������ The federally designated organ procurement organization or tissue bank shall encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of the families of potential organ and tissue donors.

(e)������ All hospital and patient information, interviews, reports, statements, memoranda, and other data obtained or created by a tissue bank or federally designated organ procurement organization from the medical records review described in G.S. 130A‑412.1 shall be privileged and confidential and may be used by the tissue bank or federally designated organ procurement organization only for the purposes set forth in G.S. 130A‑412.1 and shall not be subject to discovery or introduction as evidence in any civil action, suit, or proceeding.� However, hospital and patient information, interviews, reports, statements, memoranda, and other data otherwise available are not immune from discovery or use in a civil action, suit, or proceeding merely because they were obtained or created by a tissue bank or federally designated organ procurement organization from the medical records review described in G.S. 130A‑412.1.

(f)������� If the hospital is made a party of any action, suit, or proceeding arising out of the failure of a federally designated organ procurement organization or tissue bank to comply with the requirements of this section, the hospital shall be held harmless from any and all liability and costs, including the amounts of judgments, settlements, fines, or penalties, and expenses and reasonable attorneys' fees incurred in connection with the action, suit, or proceeding. (1997‑192, s. 3.)

 

Part 4. Human Tissue Donation Program.

§ 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 at the present because of a shortage of human tissue donors. The General Assembly establishes a coordinated human tissue donation program to facilitate the acquisition and distribution of human tissues to promote the public health. For the purposes of this Part, the term "human tissue" includes cadavers.

(b)������ The Department shall establish and administer a coordinated program among departments and agencies of the State and all groups, both public and private, involved in the acquisition and distribution of human tissue to:

(1)������ Increase awareness of the need for human tissue donations and of the methods by which these donations are made;

(2)������ Increase awareness of the existing programs of human tissue transplantation and of medical research and education which employs human tissue and share information with the public;

(3)������ Study the problems surrounding the acquisition and distribution of human tissue and make suggestions for their solution;

(4)������ Disseminate information to health and other professionals concerning the techniques of human tissue retrieval and transplantation, the legalities involved in making anatomical gifts; and

(5)������ Arrange for the quick and precise transportation of donated human tissue in emergency transplant situations.

(c)������ All departments and agencies of the State and county and municipal law‑enforcement agencies shall cooperate with the coordinated human tissue donation program instituted by the Department. (1983, c. 891, s. 2.)

 

§ 130A‑414.� Repealed by Session Laws 1987, c. 719, s. 2.

 

Part 5. Disposition of Unclaimed Bodies.

§ 130A‑415.� Unclaimed bodies; bodies claimed by the Lifeguardianship Council of the Association for Retarded Citizens of North Carolina; disposition.

(a)������ Any person, including officers, employees and agents of the State or of any unit of local government in the State, undertakers doing business within the State, hospitals, nursing homes or other institutions, having physical possession of a dead body shall make reasonable efforts to contact relatives of the deceased or other persons who may wish to claim the body for final disposition.� If the body remains unclaimed for final disposition for 10 days, the person having possession shall notify the Commission of Anatomy.� Upon request of the Commission of Anatomy, the person having possession shall deliver the dead body to the Commission of Anatomy at a time and place specified by the Commission of Anatomy or shall permit the Commission of Anatomy to take and remove the body.

(b)������ All dead bodies not claimed for final disposition within 10 days of the decedent's death may be received and delivered by the Commission of Anatomy pursuant to the authority contained in G.S. 130A‑33.30 and this Part and in accordance with the rules of the Commission of Anatomy.� Upon receipt of a body by the Commission of Anatomy all interests in and rights to the unclaimed dead body shall vest in the Commission of Anatomy.� The recipient to which the Commission of Anatomy delivers the body shall pay all expenses for the embalming and delivery of the body, and for the reasonable expenses arising from efforts to notify relatives or others.

(b1)���� The 10‑day period referenced in subsections (a) and (b) of this section may be shortened by the county director of social services upon determination that a dead body will not be claimed for final disposition within the 10‑day period.

(c)������ Should the Commission of Anatomy decline to receive a dead body, the person with possession shall inform the director of social services of the county in which the body is located.� The director of social services of that county shall arrange for prompt final disposition of the body, either by cremation or burial.� Reasonable costs of disposition and of efforts made to notify relatives and others shall be considered funeral expenses and shall be paid in accordance with G.S. 28A‑19‑6 and G.S. 28A‑19‑8.� If those expenses cannot be satisfied from the decedent's estate, they shall be borne by the decedent's county of residence. If the deceased is not a resident of this State, or if the county of residence is unknown, those expenses shall be borne by the county in which the death occurred.

(d)������ No autopsy shall be performed on an unclaimed body without the written consent of the Commission of Anatomy except that written consent is not required for an autopsy performed pursuant to Part 2 of this Article.

(e)������ Due caution shall be taken to shield the unclaimed body from public view.

(f)������� Notwithstanding anything contained in this section, an unclaimed body shall not mean a dead body for which the deceased has made a gift pursuant to Part 3 of this Article.

(g)������ Nothing in this Part shall require the officers, employees or agents of a county to notify the Commission of Anatomy regarding the bodies of minors who were in the custody of the county at the time of death and whose final disposition will be arranged by the county. In the absence of notification, the expenses of the final disposition shall be a charge upon the county having custody.

(h)������ The provisions of this Part shall not apply to bodies within the jurisdiction of the medical examiner under G.S. 130A‑383 or 130A‑384.

(i)������� In addition to the other duties of the Commission of Anatomy, when the Commission of Anatomy is notified by the Lifeguardianship Council of the Association of Retarded Citizens of North Carolina, Inc., that the Council intends to claim a body, the Commission shall release the body to the Council.� The Lifeguardianship Council shall notify the Commission of Anatomy within 24 hours after death of its intent to claim a body for burial or other humane and caring disposition. (1975, c. 694, s. 3; 1977, c. 458; 1983, c. 891, s. 2; 1987, c. 470, ss. 1, 2; 1989, c. 222, c. 770, s. 75.)

 

§ 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.)

 

Part 6. Final Disposition or Transportation of Deceased Migrant Agricultural Workers and Their Dependents.

§ 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 agricultural labor. (1983, c. 891, s. 2.)

 

§ 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 information regarding the deceased including identity, place of employment, permanent residence, and the name, address and telephone number of any relative and any interested person. The county department of social services shall, within a reasonable time of receiving this report, transmit to the Department notice of the death and information received upon notification. The Department shall make reasonable effort to inform the next‑of‑kin and any interested person of the death.

(b)������ If the identity of the person cannot be determined within a reasonable period of time, or if the body is unclaimed 10 days after death, the body shall be offered to the Commission of Anatomy and, upon its request, shall be delivered to the Commission of Anatomy. If the Commission of Anatomy does not request an unclaimed body offered it or the estate, and if the relatives or other interested persons claiming the body are unable to provide for the final disposition of the migrant agricultural worker or dependent, the Department is authorized and directed to arrange for the final disposition of the decedent.

(c)������ If the estate, relatives or interested persons are able to provide for final disposition but are unable to effect the transportation of the decedent to the decedent's legal residence or the legal residence of the relatives or interested persons, the Department is authorized and directed to allocate a sum of not more than two hundred dollars ($200.00) to defray the transportation expenses.

(d)������ The Secretary is authorized to adopt rules necessary to implement this section. (1975, c. 891; 1977, c. 648; 1983, c. 891, s. 2.)

 

§ 130A‑419.� Reserved for future codification purposes.

 

 

Part 7.� Disposition of Body or Body Parts.

§ 130A‑420.� Authority to dispose of body or body parts.

(a)������ An individual at least 18 years of age may authorize the disposition of the individual's own dead body in a written will, pursuant to a health care power of attorney to the extent provided in Article 3 of Chapter 32A of the General Statutes, pursuant to a preneed funeral contract executed pursuant to Article 13D of Chapter 90 of the General Statutes, pursuant to a cremation authorization form executed pursuant to Article 13C of Chapter 90 of the General Statutes, or in a written statement signed by the individual and witnessed by two persons who are at least 18 years old.

(b)������ If a decedent has left no written authorization for the disposal of the decedent's body as permitted under subsection (a) of this section, the following competent persons in the order listed may authorize the type, method, place, and disposition of the decedent's body:

(1)������ The surviving spouse.

(2)������ A majority of the surviving children.

(3)������ The surviving parents.

(4)������ A majority of the surviving siblings.

(5)������ A majority of the persons in the classes of the next degrees of kinship, in descending order, who, under State law, would inherit the decedent's estate if the decedent died intestate.

(6)������ A person who has exhibited special care and concern for the decedent and is willing and able to make decisions about the disposition.

This subsection does not grant to any person the right to cancel a preneed funeral contract executed pursuant to Article 13D of Chapter 90 of the General Statutes or to prohibit the substitution of a preneed licensee as authorized under G.S. 90‑210.63.

(c)������ An individual at least 18 years of age may, in a writing signed by the individual, authorize the disposition of one or more of the individual's body parts that has been or will be removed. If the individual does not authorize the disposition, a person listed in subsection (b) of this section may authorize the disposition as if the individual was deceased.

(d)������ This section does not apply to the disposition of dead human bodies as anatomical gifts under Part 3 of Article 16 of Chapter 130A of the General Statutes or the right to perform autopsies under Part 2 of Article 16 of Chapter 130A of the General Statutes. (1997‑399, s. 34.)

 

§ 130A‑421.� Reserved for future codification purposes.