NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 694

HOUSE BILL 432

 

 

AN ACT TO ESTABLISH THE COMMISSION OF ANATOMY AND TO REVISE PROCEDURE FOR DISPOSITION OF UNCLAIMED BODIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 14 of Chapter 90 of the General Statutes is hereby repealed.

Sec. 2.  Article 3 of Chapter 143B of the General Statutes is hereby amended by adding a new Part 20 thereto to read as follows: "Part 20. Commission of Anatomy.

"§ 143B-204.  Commission of Anatomy - creation; powers and duties. — There is hereby created the Commission of Anatomy of the Department of Human Resources with the power and duty to adopt rules and regulations for the distribution of dead human bodies and parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina. The Commission is authorized to receive dead bodies pursuant to G.S. 90-216.6 and to be a donee of a body or parts thereof pursuant to Article 15A of Chapter 90 of the General Statutes known as the Uniform Anatomical Gift Act and to distribute such bodies or parts thereof pursuant to the rules and regulations adopted by the Commission.

"§ 143B-205.  Commission of Anatomy - members; selection; term; chairman; quorum; meetings. — The Commission of Anatomy shall consist of five members, one from the membership of the State Board of Mortuary Science, and one each from the University of North Carolina School of Medicine, East Carolina University School of Medicine, Duke University School of Medicine, and Bowman Gray School of Medicine. The dean of each school shall make recommendations and the Secretary of Human Resources shall appoint from such recommendations a member to the Commission. The President of the State Board of Mortuary Science shall appoint one member from that board to the Commission. The members shall serve terms of four years except two of the original members shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years, and one shall serve a term of four years. The Secretary shall determine the terms of the original members.

Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Secretary shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance.

The Commission shall elect a chairman annually from its own membership.

A majority of the Commission shall constitute a quorum for the transaction of business.

The Commission shall meet at any time and place within the State at the call of the chairman or upon the written request of three members.

All clerical and other services required by the Commission shall be supplied by the Secretary of Human Resources.

"§ 143B-206.  Commission of Anatomy - reference to former Board of Anatomy in testamentary disposition. — A testamentary disposition of a body or part thereof to the former Board of Anatomy shall be deemed in all respects to be a disposition to the Commission of Anatomy."

Sec. 3.  Chapter 90 of the General Statutes is hereby amended by adding a new Article 14B thereto to read as follows:

"Article 14B.

Disposition of Unclaimed Bodies.

"§ 90-216.6.  Unclaimed bodies; disposition. — (a) All officers, employees, and agents of the State of North Carolina or of any unit of local government in the State, all undertakers doing business within the State, or any person, institution or agency otherwise having charge or control of an unclaimed body shall immediately notify and, upon the request of the Commission of Anatomy, deliver the dead body to the Commission. The Commission may take and remove the dead body itself in its discretion. No reward or fee shall be paid for such notification of the Commission. The person, institution, or agency having charge or control of an unclaimed body shall make reasonable efforts to notify any interested person of the deceased's death. The recipient to which the Commission of Anatomy distributes the body shall pay all expenses for the embalming, delivery and distribution of the body, and for the reasonable efforts made to notify such persons.

(b)        As used herein, an unclaimed body shall mean a dead body which is not claimed for burial upon death and which, as appears to the person, institution or agency having charge or control of the dead body, will not be claimed for burial within ten days of the deceased's death. The unclaimed body shall remain in the charge or control of the person, institution or agency for a period of ten days unless the period is extended by the medical examiner or coroner having jurisdiction, or unless the period is shortened by the County Director of Social Services upon his determination that the dead body will not be claimed for burial within ten days of the deceased's death. Upon the expiration of such period, the person, institution or agency having charge or control of the unclaimed body will deliver it to the Commission at such time and place specified by the Commission or permit the Commission to take and remove the body itself.

(c)        All dead bodies not claimed for burial within ten days of the deceased's death may be received and distributed by the Commission of Anatomy pursuant to the authority contained in G.S. 143B-204 and this Article and in accordance with its rules and regulations. All interests in and rights to dead bodies unclaimed for burial within ten days of the deceased's death and received by the Commission of Anatomy shall vest in the Commission.

(d)        No autopsy shall be performed on an unclaimed body without the written consent of the Commission of Anatomy except that such written consent is not required for an autopsy performed pursuant to Article 15 of Chapter 90 or Article 21 of Chapter 130 of the General Statutes.

(e)        Due caution shall be taken to shield the unclaimed body from public view.

(f)         Notwithstanding anything contained in this section, an unclaimed body shall not mean a dead body for which the deceased has made a gift thereof pursuant to Article 15A of Chapter 90 of the General Statutes known as the Uniform Anatomical Gift Act.

(g)        Any person failing or refusing to perform any duty imposed by this section or violating any of its provisions shall be guilty of a misdemeanor, punishable by a fine and/or imprisonment in the discretion of the court."

Sec. 4.  G.S. 90-220.3 is amended in line 1 by adding following the word "persons" the words ", institutions and agencies".

Sec. 5.  G.S. 90-220.3 is further amended by adding thereto a new subdivision (5) to read as follows:

"(5)      The Commission of Anatomy for the distribution of such bodies or parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina."

Sec. 6.  G.S. 143B-142(2)(i) is hereby repealed.

Sec. 7.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.