§ 130A-412.13. Persons that may receive anatomical gift; purpose of anatomical gift.
§ 130A‑412.13. Personsthat may receive anatomical gift; purpose of anatomical gift.
(a) An anatomical giftmay be made to the following persons named in the document of gift:
(1) A hospital;accredited medical school, dental school, college, or university; organprocurement organization; or other appropriate person, including the Commissionon Anatomy, for research or education;
(2) Subject tosubsection (b) of this section, an individual designated by the person makingthe anatomical gift if the individual is the recipient of the body part;
(3) An eye bank ortissue bank.
(b) If an anatomicalgift to an individual under subdivision (a)(2) of this section cannot betransplanted into the individual, the body part passes in accordance withsubsection (g) of this section in the absence of an express, contraryindication by the person making the anatomical gift.
(c) If an anatomicalgift of one or more specific body parts or of all body parts is made in adocument of gift that does not name a person described in subsection (a) ofthis section but identifies the purpose for which an anatomical gift may beused, the following rules apply:
(1) If the body part isan eye and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate eye bank.
(2) If the body part istissue and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate tissue bank.
(3) If the body part isan organ and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate organ procurement organization as custodian of theorgan.
(4) If the body part isan organ, an eye, or tissue and the gift is for the purpose of research oreducation, the gift passes to the appropriate procurement organization.
(d) For the purpose ofsubsection (c) of this section, if there is more than one purpose of ananatomical gift set forth in the document of gift but the purposes are not setforth in any priority, the gift must be used for transplantation or therapy, ifsuitable. If the gift cannot be used for transplantation or therapy, the giftmay be used for research or education.
(e) If an anatomicalgift of one or more specific body parts is made in a document of gift that doesnot name a person described in subsection (a) of this section and does notidentify the purpose of the gift, the gift may be used only for transplantationor therapy, and the gift passes in accordance with subsection (g) of thissection.
(f) If a document ofgift specifies only a general intent to make an anatomical gift by words suchas "donor," "organ donor," or "body donor," or bya symbol or statement of similar import, the gift may be used only fortransplantation or therapy, and the gift passes in accordance with subsection(g) of this section.
(g) For purposes ofsubsections (b), (e), and (f) of this section, the following rules apply:
(1) If the body part isan eye, the gift passes to the appropriate eye bank.
(2) If the body part istissue, the gift passes to the appropriate tissue bank.
(3) If the body part isan organ, the gift passes to the appropriate organ procurement organization ascustodian of the organ.
(h) An anatomical giftof an organ for transplantation or therapy, other than an anatomical gift undersubdivision (a)(2) of this section, passes to the organ procurementorganization as custodian of the organ.
(i) If an anatomicalgift does not pass pursuant to subsections (a) through (h) of this section orthe decedent's body or body part is not used for transplantation, therapy,research, or education, then custody of the body or body part passes to theperson under obligation to dispose of the body or body part.
(j) A person may notaccept an anatomical gift if the person knows that the gift was not effectivelymade under G.S. 130A‑412.7 or G.S. 130A‑412.12 or if the personknows that the decedent made a refusal under G.S. 130A‑412.9 that was notrevoked. For purposes of this subsection, if a person knows that an anatomicalgift was made on a document of gift, the person is deemed to know of anyamendment or revocation of the gift or any refusal to make an anatomical gifton the same document of gift.
(k) Except as otherwiseprovided in subdivision (a)(2) of this section, nothing in this act affects theallocation of organs for transplantation or therapy. (2007‑538, s. 1.)