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 individual is physically unable to sign;
(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to sub-subdivision b. of subdivision (1) of subsection (a) of this section must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) of this section for making a refusal;
(2) By subsequently making an anatomical gift pursuant to G.S. 130A-412.7 that is inconsistent with the refusal; or
(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in G.S. 130A-412.10(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or body part bars all other persons from making an anatomical gift of the individual's body or body part. (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.