§ 130A-389. Autopsies. - North Carolina Statutes

§ 130A‑389.  Autopsies.

(a)        If, in the opinionof the medical examiner investigating the case or of the Chief MedicalExaminer, it is advisable and in the public interest that an autopsy or otherstudy be made; or, if an autopsy or other study is requested by the districtattorney of the county or by any superior court judge, an autopsy or otherstudy shall be made by the Chief Medical Examiner or by a competent pathologistdesignated by the Chief Medical Examiner. A complete autopsy report of findingsand interpretations, prepared on forms designated for the purpose, shall besubmitted promptly to the Chief Medical Examiner. Subject to the limitations ofG.S. 130A‑389.1 relating to photographs and video or audio recordings ofan autopsy, a copy of the report shall be furnished to any person upon request.A fee for the autopsy or other study shall be paid by the State. However, ifthe deceased is a resident of the county in which the death or fatal injuryoccurred, that county shall pay the fee. The fee shall be one thousand dollars($1,000).

(b)        In deaths where theChief Medical Examiner and the medical examiner investigating the case do notdeem it advisable and in the public interest that an autopsy be performed, butthe next‑of‑kin of the deceased requests that an autopsy beperformed, the Chief Medical Examiner or a designated pathologist may performthe autopsy, unless the deceased's health care power of attorney grantedauthority for such decisions to the health care agent. If the Chief MedicalExaminer or a designated pathologist performs the autopsy at the request of thenext of kin, the cost shall be paid by the next of kin.

(c)        When the next‑of‑kinof a decedent whose death does not fall under G.S. 130A‑383 or 130A‑384requests that an autopsy be performed, the Chief Medical Examiner or adesignated pathologist may perform that autopsy and the cost shall be paid bythe next‑of‑kin.

(d)        The report ofautopsies performed pursuant to subsections (b) and (c) shall be a part of thedecedents' medical records and therefore not public records open to inspection.(1955, c. 972,s. 1; 1957, c. 1357, s. 1; 1967, c. 1154, s. 1; 1973, c. 47, s. 2; c. 476, s.128; 1975, c. 9; 1981, c. 187, s. 7; c. 562, p. 5; 1983, c. 891, s. 2; 1991, c.463, s. 2; 1998‑212, s. 29A.10(a); 2005‑351, s. 4; 2005‑393,s. 2; 2006‑226, s. 32.)