10A NCAC 39B .0111       FORENSIC ANTHROPOLOGY STUDIES

(a)  For the purposes of this Subchapter, "Forensic Anthropology Program" means a university program in a field of study using anthropological techniques of osteological (bone) analysis to assist in the identification of a crime victim, a victim of a mass disaster, or a body that is unidentifiable by standard methods of identification.

(b)  The Commission of Anatomy may distribute a body to a forensic anthropology program if the conditions in Paragraphs (c) and (d) have been met and the body falls under one of the following categories:

(1)           the body is an unclaimed body that the chairman of the Commission of Anatomy has determined to be unsuitable for medical studies; or

(2)           the body has been bequeathed or donated to the Commission of Anatomy for forensic anthropology studies.

(c)  The chairman of the Commission of Anatomy, or his or her delegate, shall do the following before distributing a body to a forensic anthropology program:

(1)           determine that a body is suitable for forensic anthropology studies;

(2)           direct the person, institution or agency having control of the body to hold the body until it can be established that a forensic anthropology program will accept the body and pay all expenses for the removal, storage, transportation and preparation of the body;

(3)           notify the person, institution or agency having control of the body that the Commission has accepted the body for a forensic anthropology program and that the forensic anthropology program will contact them concerning removal of the body;

(4)           Assign an identifying number to the body that shall be inscribed on the skeletonized remains kept by the forensic anthropology program;

(5)           notify the forensic anthropology program that a body has been accepted for distribution to that program;

(6)           for unclaimed bodies, notify the county director of social services that the body has been accepted by the Commission for a forensic anthropology program; and

(7)           keep a record of all transactions, including the name, sex, age, and date of death of the deceased, who has custody of the body, where the body is being stored, and when custody of the body will be transferred to the forensic anthropology program.

(d)  After the director of a forensic anthropology program, or his or her delegate, agrees to accept a body that has been approved by the Commission for distribution to that program, the director shall do the following:

(1)           for unclaimed bodies, assume custody of the body after the ten‑day waiting period required by G.S. 130A‑415;

(2)           arrange transportation for the body to the forensic anthropology program in a leakproof, airtight container at least equivalent to a Ziegler case;

(3)           attach a document to the body container that clearly states:

(A)          the destination of the body,

(B)          that the body is being transported for a forensic anthropology program,

(C)          that during transportation the body is under the jurisdiction of the Commission of Anatomy, and

(D)          that the Chairman of the Commission of Anatomy, or his or her delegate, should be contacted at (919) 966‑1134 or 966‑4131 if any problems arise during transportation;

(4)           keep records of the dates of transportation of the body and the names of the transporters;

(5)           obtain all necessary documents, to be maintained in a permanent record, including but not limited to the notification of death, the death certificate, the burial transit permit, and copies of the bequeathal or donation forms;

(6)           provide a quarterly report to the Chairman of the Commission of Anatomy containing the name, sex, age, and date of death of the deceased and the identifying number assigned to the skeletal remains by the Commission for all bodies received by the program; and

(7)           follow all other applicable Rules in this Subchapter.

(e)  A Forensic Anthropology program which initially agrees to accept a body but later refuses to accept the body, shall pay all costs incurred by the Commission of Anatomy for that body.

(f)  Skeletal remains of bodies obtained from the Commission shall not be sold.  If skeletal remains reach a point where they are no longer useful, they will be cremated and returned to the chairman of the Commission of Anatomy for final disposition.  Skeletal or cremated remains of bodies obtained from the Commission may not be reclaimed by or returned to relatives or other interested parties.

History Note:        Authority G.S. 130A‑405; 130A‑415; 130A‑416; 143B‑204;

Eff. February 1, 1988;

Transferred and Recodified from 10 NCAC 08I .0017 Eff. April 4, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.