§ 130A-412.9. Refusal to make anatomical gift; effect of refusal. - North Carolina Statutes

§ 130A‑412.9.  Refusalto make anatomical gift; effect of refusal.

(a)        An individual mayrefuse to make an anatomical gift of the individual's body or body part by:

(1)        A record signed by:

a.         The individual; or

b.         Subject tosubsection (b) of this section, another individual acting at the direction ofthe individual if the individual is physically unable to sign;

(2)        The individual'swill, whether or not the will is admitted to probate or invalidated after theindividual's death; or

(3)        Any form of communicationmade by the individual during the individual's terminal illness or injuryaddressed to at least two adults, at least one of whom is a disinterestedwitness.

(b)        A record signedpursuant to sub‑subdivision b. of subdivision (1) of subsection (a) of thissection must:

(1)        Be witnessed by atleast two adults, at least one of whom is a disinterested witness, who havesigned at the request of the individual; and

(2)        State that it hasbeen signed and witnessed as provided in subdivision (1) of this subsection.

(c)        An individual whohas made a refusal may amend or revoke the refusal:

(1)        In the mannerprovided in subsection (a) of this section for making a refusal;

(2)        By subsequentlymaking an anatomical gift pursuant to G.S. 130A‑412.7 that isinconsistent with the refusal; or

(3)        By destroying orcanceling the record evidencing the refusal, or the portion of the record usedto make the refusal, with the intent to revoke the refusal.

(d)        Except as otherwiseprovided in G.S. 130A‑412.10(h), in the absence of an express, contraryindication by the individual set forth in the refusal, an individual'sunrevoked refusal to make an anatomical gift of the individual's body or bodypart bars all other persons from making an anatomical gift of the individual'sbody or body part. (2007‑538,s. 1.)