§ 130A‑412.16. Rightsand duties of procurement organization and others.
(a) When a hospitalrefers an individual at or near death to a procurement organization, theorganization shall make a reasonable search of the records of the NorthCarolina Department of Transportation, Division of Motor Vehicles, and anydonor registry that it knows exists for the geographical area in which theindividual resides to ascertain whether the individual has made an anatomicalgift.
(b) A procurementorganization must be allowed reasonable access to information in the records ofthe North Carolina Department of Transportation, Division of Motor Vehicles, toascertain whether an individual at or near death is a donor.
(c) When a hospitalrefers an individual at or near death to a procurement organization, theorganization may conduct any reasonable examination necessary to ensure themedical suitability of a body part that is or could be the subject of ananatomical gift for transplantation, therapy, research, or education from adonor or a prospective donor. During the examination period, measures necessaryto ensure the medical suitability of the body part may not be withdrawn unlessthe hospital or procurement organization knows that the individual expressed acontrary intent.
(d) Unless prohibitedby law other than this Part, at any time after a donor's death, the person towhich a body part passes under G.S. 130A‑412.13 may conduct anyreasonable examination necessary to ensure the medical suitability of the bodyor body part for its intended purpose.
(e) Unless otherwiseprohibited by law, an examination under subsection (c) or (d) of this sectionmay include an examination of all medical and dental records of the donor orprospective donor.
(f) Upon the death ofa minor who was a donor or had signed a refusal, unless a procurementorganization knows the minor is emancipated, the procurement organization shallconduct a reasonable search for the parents of the minor and provide theparents with an opportunity to revoke or amend the anatomical gift or revokethe refusal.
(g) Upon referral by ahospital under subsection (a) of this section, a procurement organization shallmake a reasonable search for any person listed in G.S. 130A‑412.11 havingpriority to make an anatomical gift on behalf of a prospective donor. If aprocurement organization receives information that an anatomical gift to anyother person was made, amended, or revoked, it shall promptly advise the otherperson of all relevant information.
(h) Subject to G.S.130A‑412.13(i) and G.S. 130A‑412.25, the rights of the person towhich a body part passes under G.S. 130A‑412.13 are superior to therights of all others with respect to the body part. The person may accept orreject an anatomical gift in whole or in part. Subject to the terms of thedocument of gift and this Part, a person that accepts an anatomical gift of anentire body may allow embalming, burial, or cremation, and use of remains in afuneral service. If the gift is of a body part, the person to which the bodypart passes under G.S. 130A‑412.13, upon the death of the donor andbefore embalming, burial, or cremation, shall cause the body part to be removedwithout unnecessary mutilation.
(i) Neither thephysician who attends the decedent at death nor the physician who determinesthe time of the decedent's death may participate in the procedures for removingor transplanting a part from the decedent.
(j) A physician ortechnician may remove a donated body part from the body of a donor that thephysician or technician is qualified to remove. (2007‑538, s. 1.)
§ 130A‑412.16. Rightsand duties of procurement organization and others.
(a) When a hospitalrefers an individual at or near death to a procurement organization, theorganization shall make a reasonable search of the records of the NorthCarolina Department of Transportation, Division of Motor Vehicles, and anydonor registry that it knows exists for the geographical area in which theindividual resides to ascertain whether the individual has made an anatomicalgift.
(b) A procurementorganization must be allowed reasonable access to information in the records ofthe North Carolina Department of Transportation, Division of Motor Vehicles, toascertain whether an individual at or near death is a donor.
(c) When a hospitalrefers an individual at or near death to a procurement organization, theorganization may conduct any reasonable examination necessary to ensure themedical suitability of a body part that is or could be the subject of ananatomical gift for transplantation, therapy, research, or education from adonor or a prospective donor. During the examination period, measures necessaryto ensure the medical suitability of the body part may not be withdrawn unlessthe hospital or procurement organization knows that the individual expressed acontrary intent.
(d) Unless prohibitedby law other than this Part, at any time after a donor's death, the person towhich a body part passes under G.S. 130A‑412.13 may conduct anyreasonable examination necessary to ensure the medical suitability of the bodyor body part for its intended purpose.
(e) Unless otherwiseprohibited by law, an examination under subsection (c) or (d) of this sectionmay include an examination of all medical and dental records of the donor orprospective donor.
(f) Upon the death ofa minor who was a donor or had signed a refusal, unless a procurementorganization knows the minor is emancipated, the procurement organization shallconduct a reasonable search for the parents of the minor and provide theparents with an opportunity to revoke or amend the anatomical gift or revokethe refusal.
(g) Upon referral by ahospital under subsection (a) of this section, a procurement organization shallmake a reasonable search for any person listed in G.S. 130A‑412.11 havingpriority to make an anatomical gift on behalf of a prospective donor. If aprocurement organization receives information that an anatomical gift to anyother person was made, amended, or revoked, it shall promptly advise the otherperson of all relevant information.
(h) Subject to G.S.130A‑412.13(i) and G.S. 130A‑412.25, the rights of the person towhich a body part passes under G.S. 130A‑412.13 are superior to therights of all others with respect to the body part. The person may accept orreject an anatomical gift in whole or in part. Subject to the terms of thedocument of gift and this Part, a person that accepts an anatomical gift of anentire body may allow embalming, burial, or cremation, and use of remains in afuneral service. If the gift is of a body part, the person to which the bodypart passes under G.S. 130A‑412.13, upon the death of the donor andbefore embalming, burial, or cremation, shall cause the body part to be removedwithout unnecessary mutilation.
(i) Neither thephysician who attends the decedent at death nor the physician who determinesthe time of the decedent's death may participate in the procedures for removingor transplanting a part from the decedent.
(j) A physician ortechnician may remove a donated body part from the body of a donor that thephysician or technician is qualified to remove. (2007‑538, s. 1.)
§ 130A‑412.16. Rightsand duties of procurement organization and others.
(a) When a hospitalrefers an individual at or near death to a procurement organization, theorganization shall make a reasonable search of the records of the NorthCarolina Department of Transportation, Division of Motor Vehicles, and anydonor registry that it knows exists for the geographical area in which theindividual resides to ascertain whether the individual has made an anatomicalgift.
(b) A procurementorganization must be allowed reasonable access to information in the records ofthe North Carolina Department of Transportation, Division of Motor Vehicles, toascertain whether an individual at or near death is a donor.
(c) When a hospitalrefers an individual at or near death to a procurement organization, theorganization may conduct any reasonable examination necessary to ensure themedical suitability of a body part that is or could be the subject of ananatomical gift for transplantation, therapy, research, or education from adonor or a prospective donor. During the examination period, measures necessaryto ensure the medical suitability of the body part may not be withdrawn unlessthe hospital or procurement organization knows that the individual expressed acontrary intent.
(d) Unless prohibitedby law other than this Part, at any time after a donor's death, the person towhich a body part passes under G.S. 130A‑412.13 may conduct anyreasonable examination necessary to ensure the medical suitability of the bodyor body part for its intended purpose.
(e) Unless otherwiseprohibited by law, an examination under subsection (c) or (d) of this sectionmay include an examination of all medical and dental records of the donor orprospective donor.
(f) Upon the death ofa minor who was a donor or had signed a refusal, unless a procurementorganization knows the minor is emancipated, the procurement organization shallconduct a reasonable search for the parents of the minor and provide theparents with an opportunity to revoke or amend the anatomical gift or revokethe refusal.
(g) Upon referral by ahospital under subsection (a) of this section, a procurement organization shallmake a reasonable search for any person listed in G.S. 130A‑412.11 havingpriority to make an anatomical gift on behalf of a prospective donor. If aprocurement organization receives information that an anatomical gift to anyother person was made, amended, or revoked, it shall promptly advise the otherperson of all relevant information.
(h) Subject to G.S.130A‑412.13(i) and G.S. 130A‑412.25, the rights of the person towhich a body part passes under G.S. 130A‑412.13 are superior to therights of all others with respect to the body part. The person may accept orreject an anatomical gift in whole or in part. Subject to the terms of thedocument of gift and this Part, a person that accepts an anatomical gift of anentire body may allow embalming, burial, or cremation, and use of remains in afuneral service. If the gift is of a body part, the person to which the bodypart passes under G.S. 130A‑412.13, upon the death of the donor andbefore embalming, burial, or cremation, shall cause the body part to be removedwithout unnecessary mutilation.
(i) Neither thephysician who attends the decedent at death nor the physician who determinesthe time of the decedent's death may participate in the procedures for removingor transplanting a part from the decedent.
(j) A physician ortechnician may remove a donated body part from the body of a donor that thephysician or technician is qualified to remove. (2007‑538, s. 1.)
