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 member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under G.S. 130A-412.6(2) immediately before the decedent's death;
(2) The spouse of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subdivision (a)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under G.S. 130A-412.13 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift. (2007-538, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 16 - Postmortem Investigation and Disposition.
§ 130A-377 - Establishment and maintenance of central and district offices.
§ 130A-378 - Qualifications and appointment of the Chief Medical Examiner.
§ 130A-379 - Duties of the Chief Medical Examiner.
§ 130A-380 - The Chief Medical Examiner's staff.
§ 130A-381 - Additional services and facilities.
§ 130A-383 - Medical examiner jurisdiction.
§ 130A-384 - Notification concerning out-of-state body.
§ 130A-385 - Duties of medical examiner upon receipt of notice; reports; copies.
§ 130A-386 - Subpoena authority.
§ 130A-388 - Medical examiner's permission necessary before embalming, burial and cremation.
§ 130A-389.1 - Photographs and video or audio recordings made pursuant to autopsy.
§ 130A-392 - Reports and records as evidence.
§ 130A-394 - Coroner to hold inquests.
§ 130A-395 - Handling and transportation of bodies.
§ 130A-398 - Limitation on right to perform autopsy.
§ 130A-399 - Postmortem examination of inmates of certain public institutions.
§ 130A-400 - Written consent for postmortem examinations required.
§ 130A-401 - Postmortem examinations in certain medical schools.
§ 130A-412.6 - Who may make an anatomical gift before donor's death.
§ 130A-412.7 - Manner of making anatomical gift before donor's death.
§ 130A-412.8 - Amending or revoking anatomical gift before donor's death.
§ 130A-412.9 - Refusal to make anatomical gift; effect of refusal.
§ 130A-412.10 - Preclusive effect of an anatomical gift, amendment, or revocation.
§ 130A-412.11 - Who may make an anatomical gift of decedent's body or body part.
§ 130A-412.13 - Persons that may receive anatomical gift; purpose of anatomical gift.
§ 130A-412.14 - Search and notification.
§ 130A-412.15 - Delivery of document of gift not required; right to examine.
§ 130A-412.16 - Rights and duties of procurement organization and others.
§ 130A-412.17 - Coordination of procurement and use.
§ 130A-412.18 - Sale or purchase of body parts prohibited.
§ 130A-412.19 - Other prohibited acts.
§ 130A-412.22 - Donor registry.
§ 130A-412.23 - Cooperation between a medical examiner and the procurement organization.
§ 130A-412.30 - Use of tissue declared a service; standard of care; burden of proof.
§ 130A-412.31 - Giving of blood by persons 16 years of age or more.
§ 130A-412.32 - Duty of hospitals to establish organ procurement protocols.
§ 130A-412.33 - Duty of designated organ procurement organizations and tissue banks.
§ 130A-414.1 - Legislative findings and declaration of policy.
§ 130A-414.3 - Organ transplant discrimination on the basis of disability prohibited.
§ 130A-416 - Commission of Anatomy rules.
§ 130A-418 - Deceased migrant agricultural workers and their dependents.
§ 130A-420 - Authority to dispose of body or body parts.
§ 130A-421 - Parental consent to disposition of fetal remains.