§ 130A‑415. Unclaimedbodies; bodies claimed by the Lifeguardianship Council of the Association forRetarded Citizens of North Carolina; disposition.
(a) Any person,including officers, employees and agents of the State or of any unit of localgovernment in the State, undertakers doing business within the State,hospitals, nursing homes or other institutions, having physical possession of adead body shall make reasonable efforts to contact relatives of the deceased orother persons who may wish to claim the body for final disposition. If the bodyremains unclaimed for final disposition for 10 days, the person havingpossession shall notify the Commission of Anatomy. Upon request of theCommission of Anatomy, the person having possession shall deliver the dead bodyto the Commission of Anatomy at a time and place specified by the Commission ofAnatomy or shall permit the Commission of Anatomy to take and remove the body.
(b) All dead bodies notclaimed for final disposition within 10 days of the decedent's death may bereceived and delivered by the Commission of Anatomy pursuant to the authoritycontained in G.S. 130A‑33.30 and this Part and in accordance with therules of the Commission of Anatomy. Upon receipt of a body by the Commission ofAnatomy all interests in and rights to the unclaimed dead body shall vest inthe Commission of Anatomy. The recipient to which the Commission of Anatomydelivers the body shall pay all expenses for the embalming and delivery of thebody, and for the reasonable expenses arising from efforts to notify relativesor others.
(b1) The 10‑dayperiod referenced in subsections (a) and (b) of this section may be shortenedby the county director of social services upon determination that a dead bodywill not be claimed for final disposition within the 10‑day period.
(c) Should theCommission of Anatomy decline to receive a dead body, the person withpossession shall inform the director of social services of the county in whichthe body is located. The director of social services of that county shallarrange for prompt final disposition of the body, either by cremation orburial. Reasonable costs of disposition and of efforts made to notify relativesand others shall be considered funeral expenses and shall be paid in accordancewith G.S. 28A‑19‑6 and G.S. 28A‑19‑8. If those expensescannot be satisfied from the decedent's estate, they shall be borne by thedecedent's county of residence. If the deceased is not a resident of thisState, or if the county of residence is unknown, those expenses shall be borneby the county in which the death occurred.
(d) No autopsy shall beperformed on an unclaimed body without the written consent of the Commission ofAnatomy except that written consent is not required for an autopsy performedpursuant to Part 2 of this Article.
(e) Due caution shallbe taken to shield the unclaimed body from public view.
(f) Notwithstandinganything contained in this section, an unclaimed body shall not mean a deadbody for which the deceased has made a gift pursuant to Part 3A of thisArticle.
(g) Nothing in thisPart shall require the officers, employees or agents of a county to notify theCommission of Anatomy regarding the bodies of minors who were in the custody ofthe county at the time of death and whose final disposition will be arranged bythe county. In the absence of notification, the expenses of the finaldisposition shall be a charge upon the county having custody.
(h) The provisions ofthis Part shall not apply to bodies within the jurisdiction of the medicalexaminer under G.S. 130A‑383 or 130A‑384.
(i) In addition to theother duties of the Commission of Anatomy, when the Commission of Anatomy isnotified by the Lifeguardianship Council of the Association of Retarded Citizensof North Carolina, Inc., that the Council intends to claim a body, theCommission shall release the body to the Council. The Lifeguardianship Councilshall notify the Commission of Anatomy within 24 hours after death of itsintent 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; 1989, c. 222; c. 770, s. 75; 2008‑153,s. 7.)
§ 130A‑415. Unclaimedbodies; bodies claimed by the Lifeguardianship Council of the Association forRetarded Citizens of North Carolina; disposition.
(a) Any person,including officers, employees and agents of the State or of any unit of localgovernment in the State, undertakers doing business within the State,hospitals, nursing homes or other institutions, having physical possession of adead body shall make reasonable efforts to contact relatives of the deceased orother persons who may wish to claim the body for final disposition. If the bodyremains unclaimed for final disposition for 10 days, the person havingpossession shall notify the Commission of Anatomy. Upon request of theCommission of Anatomy, the person having possession shall deliver the dead bodyto the Commission of Anatomy at a time and place specified by the Commission ofAnatomy or shall permit the Commission of Anatomy to take and remove the body.
(b) All dead bodies notclaimed for final disposition within 10 days of the decedent's death may bereceived and delivered by the Commission of Anatomy pursuant to the authoritycontained in G.S. 130A‑33.30 and this Part and in accordance with therules of the Commission of Anatomy. Upon receipt of a body by the Commission ofAnatomy all interests in and rights to the unclaimed dead body shall vest inthe Commission of Anatomy. The recipient to which the Commission of Anatomydelivers the body shall pay all expenses for the embalming and delivery of thebody, and for the reasonable expenses arising from efforts to notify relativesor others.
(b1) The 10‑dayperiod referenced in subsections (a) and (b) of this section may be shortenedby the county director of social services upon determination that a dead bodywill not be claimed for final disposition within the 10‑day period.
(c) Should theCommission of Anatomy decline to receive a dead body, the person withpossession shall inform the director of social services of the county in whichthe body is located. The director of social services of that county shallarrange for prompt final disposition of the body, either by cremation orburial. Reasonable costs of disposition and of efforts made to notify relativesand others shall be considered funeral expenses and shall be paid in accordancewith G.S. 28A‑19‑6 and G.S. 28A‑19‑8. If those expensescannot be satisfied from the decedent's estate, they shall be borne by thedecedent's county of residence. If the deceased is not a resident of thisState, or if the county of residence is unknown, those expenses shall be borneby the county in which the death occurred.
(d) No autopsy shall beperformed on an unclaimed body without the written consent of the Commission ofAnatomy except that written consent is not required for an autopsy performedpursuant to Part 2 of this Article.
(e) Due caution shallbe taken to shield the unclaimed body from public view.
(f) Notwithstandinganything contained in this section, an unclaimed body shall not mean a deadbody for which the deceased has made a gift pursuant to Part 3A of thisArticle.
(g) Nothing in thisPart shall require the officers, employees or agents of a county to notify theCommission of Anatomy regarding the bodies of minors who were in the custody ofthe county at the time of death and whose final disposition will be arranged bythe county. In the absence of notification, the expenses of the finaldisposition shall be a charge upon the county having custody.
(h) The provisions ofthis Part shall not apply to bodies within the jurisdiction of the medicalexaminer under G.S. 130A‑383 or 130A‑384.
(i) In addition to theother duties of the Commission of Anatomy, when the Commission of Anatomy isnotified by the Lifeguardianship Council of the Association of Retarded Citizensof North Carolina, Inc., that the Council intends to claim a body, theCommission shall release the body to the Council. The Lifeguardianship Councilshall notify the Commission of Anatomy within 24 hours after death of itsintent 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; 1989, c. 222; c. 770, s. 75; 2008‑153,s. 7.)
§ 130A‑415. Unclaimedbodies; bodies claimed by the Lifeguardianship Council of the Association forRetarded Citizens of North Carolina; disposition.
(a) Any person,including officers, employees and agents of the State or of any unit of localgovernment in the State, undertakers doing business within the State,hospitals, nursing homes or other institutions, having physical possession of adead body shall make reasonable efforts to contact relatives of the deceased orother persons who may wish to claim the body for final disposition. If the bodyremains unclaimed for final disposition for 10 days, the person havingpossession shall notify the Commission of Anatomy. Upon request of theCommission of Anatomy, the person having possession shall deliver the dead bodyto the Commission of Anatomy at a time and place specified by the Commission ofAnatomy or shall permit the Commission of Anatomy to take and remove the body.
(b) All dead bodies notclaimed for final disposition within 10 days of the decedent's death may bereceived and delivered by the Commission of Anatomy pursuant to the authoritycontained in G.S. 130A‑33.30 and this Part and in accordance with therules of the Commission of Anatomy. Upon receipt of a body by the Commission ofAnatomy all interests in and rights to the unclaimed dead body shall vest inthe Commission of Anatomy. The recipient to which the Commission of Anatomydelivers the body shall pay all expenses for the embalming and delivery of thebody, and for the reasonable expenses arising from efforts to notify relativesor others.
(b1) The 10‑dayperiod referenced in subsections (a) and (b) of this section may be shortenedby the county director of social services upon determination that a dead bodywill not be claimed for final disposition within the 10‑day period.
(c) Should theCommission of Anatomy decline to receive a dead body, the person withpossession shall inform the director of social services of the county in whichthe body is located. The director of social services of that county shallarrange for prompt final disposition of the body, either by cremation orburial. Reasonable costs of disposition and of efforts made to notify relativesand others shall be considered funeral expenses and shall be paid in accordancewith G.S. 28A‑19‑6 and G.S. 28A‑19‑8. If those expensescannot be satisfied from the decedent's estate, they shall be borne by thedecedent's county of residence. If the deceased is not a resident of thisState, or if the county of residence is unknown, those expenses shall be borneby the county in which the death occurred.
(d) No autopsy shall beperformed on an unclaimed body without the written consent of the Commission ofAnatomy except that written consent is not required for an autopsy performedpursuant to Part 2 of this Article.
(e) Due caution shallbe taken to shield the unclaimed body from public view.
(f) Notwithstandinganything contained in this section, an unclaimed body shall not mean a deadbody for which the deceased has made a gift pursuant to Part 3A of thisArticle.
(g) Nothing in thisPart shall require the officers, employees or agents of a county to notify theCommission of Anatomy regarding the bodies of minors who were in the custody ofthe county at the time of death and whose final disposition will be arranged bythe county. In the absence of notification, the expenses of the finaldisposition shall be a charge upon the county having custody.
(h) The provisions ofthis Part shall not apply to bodies within the jurisdiction of the medicalexaminer under G.S. 130A‑383 or 130A‑384.
(i) In addition to theother duties of the Commission of Anatomy, when the Commission of Anatomy isnotified by the Lifeguardianship Council of the Association of Retarded Citizensof North Carolina, Inc., that the Council intends to claim a body, theCommission shall release the body to the Council. The Lifeguardianship Councilshall notify the Commission of Anatomy within 24 hours after death of itsintent 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; 1989, c. 222; c. 770, s. 75; 2008‑153,s. 7.)
