State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-602

§ 90‑602.  Routinesearch for donor information; notification of hospital; definitions as providedin the Revised Uniform Anatomical Gift Act.

(a)        For the purposes ofthis section, the terms "anatomical gift," "document ofgift," "donor," and "refusal" have the same meaning asin G.S. 130A‑412.4.

(a1)      The followingpersons may make a reasonable search of an individual who the person reasonablybelieves is dead or near death for a document of gift or other informationidentifying the individual as a donor or as an individual who made a refusal:

(1)        A law enforcementofficer,

(2)        A firefighter,

(3)        A paramedic, or

(4)        Another officialemergency rescuer finding the individual.

If a document of gift or arefusal is located by a search under this subsection and the individual ordeceased individual to whom it relates is taken to a hospital, the personconducting the search shall send the document of gift or refusal to thehospital or cause it to be sent.

(a2)      If no other sourceof information is immediately available, a hospital shall make a reasonablesearch of an individual who the hospital reasonably believes is dead or neardeath, as soon as practical after the individual arrives at the hospital, for adocument of gift or other information identifying the individual as a donor oras an individual who made a refusal.

(b)        Any law enforcementofficer or other person listed in subsection (a1) or (a2) of this section mayconduct an administrative search of the accident‑trauma victim's Divisionof Motor Vehicles driver record to ascertain whether the individual is a donor.If a document of gift or a refusal is located by a search under this subsectionand the individual or deceased individual to whom it relates is taken to ahospital, the person conducting the search shall notify the hospital of theresults or cause the hospital to be notified.

(c)        A physical searchpursuant to subsection (a1) or (a2) of this section shall be limited to thosepersonal effects of the individual where a drivers license reasonably may be stored.Any information, document, tangible objects, or other items discovered duringthe search shall be used solely for the purpose of ascertaining theindividual's identity, notifying the individual's next of kin, and determiningwhether the individual intends to make an anatomical gift, and in no eventshall any such discovered material be admissible in any subsequent criminal orcivil proceeding, unless obtained pursuant to a lawful search on other grounds.

(d)        A hospital or otherperson with duties under this section is not subject to criminal or civilliability for failing to discharge those duties but may be subject toadministrative sanctions.

(e)        A person that actsunder this section with due care, or attempts in good faith to do so, is notliable for the act in a civil action, criminal prosecution, or administrativeproceeding.  (1997‑443,s. 20.12(b); 2008‑153, s. 1.)