SUBCHAPTER 39B ‑ COMMISSION OF ANATOMY

10A NCAC 39B .0101 BODIES TO BE DISTRIBUTED BY THE COMMISSION

(a) All interests in and rights to dead bodies not claimed for burial within 10 days of death and received by the Commission shall vest in the Commission. A medical school may receive and store an unclaimed body at the direction of the Commission. The medical school has no right to the body until allocated to the medical school by the Commission.

(b) All interests in and rights to dead bodies donated to the Commission and accepted by the Commission of Anatomy shall vest in the Commission. A medical school may receive and store a donated body at the direction of the Commission. The medical school has no right to the body until allocated to the medical school by the Commission.

(c) The Commission has no right to bodies donated to specified donee institutions or persons other than those bodies specifically donated to the Commission.

(d) The attending physician, acting as donee of the gift of an entire body according to the provisions of G.S. 130A‑406(c), may at his discretion transfer the gift to the Commission in the absence of expressed indication that the donor desired otherwise.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Amended Eff. July 1, 1985;

Transferred and Recodified from 10 NCAC 8I .0004 Eff. April 4, 1990.

10A NCAC 39B .0102 TRANSFER AND STORAGE OF UNCLAIMED BODIES

(a) The person, institution, or agency having charge or control of an unclaimed body shall notify a member of the Commission. If the Commission member agrees to accept the body, the notifying person, institution, or agency, with the concurrence of the Commission member, shall request a funeral home or other suitable carrier to transfer the body to a medical school. If a commission member cannot be reached, the person, institution, or agency shall contact the nearest medical school to arrange for refrigerated storage of the body until a commission member can be reached.

(b) The Commission may decline to accept an unclaimed body that is for any reason unsuitable for anatomical study.

(c) If the body is determined by a commission member to be unacceptable for anatomical study, the person, institution, or agency having charge or control of the body shall make arrangements for the final disposition of the body.

(d) The body remains in the legal custody of the person, institution, or agency having charge or control of the body until after the expiration of the time required by G.S. 130A‑415 following death.

(e) During the 10 days allowed for determination that a body is unclaimed, the body shall be stored in the nearest refrigerated facility that can provide such storage. The person, institution, or agency having charge or control of the body shall, with the assistance of a member of the Commission, make arrangements for transfer and storage of the body.

(f) During the period of storage, the person, institution, or agency having legal custody of the body retains responsibility for making reasonable efforts to notify any interested person of the deceased's death.

(g) If the body is claimed, the storage facility shall be directed in writing by the person, institution, or agency having charge or control of the body to release it, with the claimant or his or her representative being identified.

(h) If the stored body is not claimed for burial, the medical school receiving it as allocated by the Commission shall pay all reasonable fees for transfer for storage. If the stored body is claimed, the claimant shall pay such fees.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Amended Eff. July 1, 1985;

Transferred and Recodified from 10 NCAC 8I .0005 Eff. April 4, 1990.

10A NCAC 39B .0103 AUTOPSY OF UNCLAIMED BODY

(a) The performance of an autopsy on an unclaimed body is prohibited without written consent of the Commission of Anatomy except that such consent is not required for an autopsy performed pursuant to Article 16 of G.S. Chapter 130A.

(b) Consent for autopsy may be given by telephone and shall be followed promptly by written consent.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Amended Eff. July 1, 1985;

Transferred and Recodified from 10 NCAC 8I .0006 Eff. April 4, 1990.

10A NCAC 39B .0104 TRANSFER OF DONATED BODY

(a) If a body has been donated to the Commission, the next of kin or a responsible representative shall ascertain from a member of the Commission in the nearest medical school whether the body can be accepted.

(b) Unless the estate or one or more members of the family agree to bear the costs, the medical school receiving a body donated to the Commission shall pay all reasonable fees for services rendered in delivery of that body to the medical school.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0007 Eff. April 4, 1990.

10A NCAC 39B .0105 AUTOPSY OF DONATED BODY

(a) An autopsy may be performed on a body donated to the Commission in accordance with G.S. 130A‑398.

(b) The Commission may decline to accept a donated body which has been autopsied.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Amended Eff. July 1, 1985;

Transferred and Recodified from 10 NCAC 8I .0008 Eff. April 4, 1990.

10A NCAC 39B .0106 FUNERAL SERVICES FOR DONATED BODY

(a) A funeral service with the body present is not precluded by donation. The body may be transferred to a medical school after the service. If there is a funeral service with the body present, the medical school receiving the body shall pay the transportation costs only.

(b) A memorial service with the body absent may be preferred. If a memorial service is conducted, the medical school receiving the body will pay reasonable fees for removal, authorized embalming, and transportation.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0010 Eff. April 4, 1990.

10A NCAC 39B .0107 DONATED ORGANS

Any member of the Commission may accept or decline to accept a body donated to the Commission from which donated organs or tissues have been removed.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0009 Eff. April 4, 1990.

10A NCAC 39B .0108 EMBALMING

(a) Before embalming an unclaimed body or a body donated to the Commission, such embalming shall be authorized by a member of the Commission. Authorization may be given by telephone but shall be supplemented in writing.

(b) The Commission may decline to accept an unclaimed body or a body donated to the Commission that has been embalmed without authorization.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0011 Eff. April 4, 1990.

10A NCAC 39B .0109 TRANSPORTATION

Transportation of a body to a medical school under direction of the commission shall utilize the most expeditious and least costly method available, with due regard to respect and good taste. The mode of transfer may involve land or air transportation, or a combination of the two.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0012 Eff. April 4, 1990.

10A NCAC 39B .0110 DISTRIBUTION OF BODIES IN THE CUSTODY OF THE COMMISSION

Bodies in the custody of the Commission of Anatomy, irrespective of place of storage shall be distributed equitably in respect to documented need:

(1) Need

(a) Need for bodies in a medical school is defined as a need not met by the supply of bodies donated to that institution.

(b) Not later than May 31 of each year each medical school shall report to the chairman of the Commission the number of bodies required for the coming academic year in that school. This annual statement is to show total numbers of bodies required, and the numbers required for different categories of students and the enrollments expected. These statements shall be collated by the chairman of the Commission, and a collated statement shall be distributed to all members of the Commission to serve as a guide in anticipating problems in distribution.

(2) Distribution

(a) When in any year is happens that a medical school has in storage a number of bodies donated to that institution plus bodies being stored for the Commission which is sufficient to meet the requirements of that school and no transfer of bodies is necessary to meet the requirements of any medical schools in the state, the chairman of the Commission is authorized, without calling a meeting of the Commission, to allocate from among the bodies being stored in a school in the name of the Commission the number needed by that school for that year. The chairman shall maintain records of such allocations for the Commission.

(b) When in any year the statewide supply of bodies under control of the Commission is adequate to meet statewide need but the number stored in one or more of the medical schools is insufficient to meet the needs of such schools, the chairman acting for the Commission shall authorize transfer of the required number of bodies to these schools and maintain records of such transfers.

(c) When in any year the statewide supply of bodies under the control of the Commission is insufficient to meet statewide needs, the bodies under the control of the Commission shall be distributed equitably, so far as is practicable, in respect to need; all of the medical schools will share equitably in the shortage to the extent that sharing is practicable.

(d) When in any year the statewide supply of bodies is in excess of the requirements of all of the medical schools, the Commission may, with due regard to future needs of the medical schools, allocate bodies or parts of bodies to hospitals, private physicians, dentists, or other health professionals or institutions needing such bodies or parts of bodies for anatomical study. When the need of these persons, institutions, or agencies for materials for anatomical study can be met with parts of bodies or autopsied bodies, the Commission directs the use of such material in preference to intact bodies.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0013 Eff. April 4, 1990.

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,

(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 8I .0017 Eff. April 4, 1990.

10A NCAC 39B .0112 PAYMENT OF COSTS OF DISTRIBUTION

When transfer of one or more bodies or parts thereof under the control of the Commission is made, the person, institution or agency to which such transfer is made shall arrange and pay all reasonable costs of such transfers and, in addition, reimburse the medical school initially receiving that body or bodies for payments made in connection with the initial delivery or deliveries.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0014 Eff. April 4, 1990.

10A NCAC 39B .0113 FINAL DISPOSITION OF REMAINS

The remains of any body studied or determined to be unacceptable for study after acceptance by the Commission shall be cremated and returned to the family or an agent of the family if it is the wish of the donor or the family. The medical school to which the body was allocated by the commission shall bear the costs of cremation, of a plain container, and of delivery. If directed by the donor or family, or if there is no claimant for the body, the medical school shall make final disposition of the remains.

History Note: Authority G.S. 130A‑416;

Eff. November 1, 1977;

Transferred and Recodified from 10 NCAC 8I .0015 Eff. April 4, 1990.

10A NCAC 39B .0114 FORMS

(a) The Commission shall prepare any documents or forms necessary to conduct commission business or to fulfill the purpose of the Commission. Such documents or forms shall be drafted in compliance with existing statutes or other laws applying thereunto.

(b) Forms currently used by the Commission are as follows:

(1) DHS Form 2562 ‑‑ Consent for Autopsy on Unclaimed Body. This form is to be used by a member of the Commission to grant permission to a person, institution, or agency to do or to have done an autopsy on an unclaimed body.

(2) DHS Form 2594 ‑‑ Transfer of Custody of Body Which Has Not Been Claimed. This form authorizes the transfer of the physical custody of a body which has not been claimed, and of the acceptance of said body by the Commission. This form also authorizes transportation of the body.

(3) DHS Form 2595 ‑‑ Donation of Body for Medical Study. This form is a testamentary device executed by a relative or guardian of a deceased person to donate the remains of the decedent for anatomical study. This form also authorizes transportation of the remains.

(4) DHS Form 2596 ‑‑ Authorization to Transfer for Storage Pending Determination of Status. This form authorizes the storage of a body while an investigation to determine the status (claimed v. unclaimed) is in progress, and also authorizes transportation to the storage facility.

(5) DHS Form 2597 ‑‑ Authorization for Embalming. This form authorizes the embalming of an unclaimed body to be used for anatomical study.

(6) DHS Form 3468 ‑‑ Bequeathal of Anatomical Gift for Studies in Forensic Anthropology. This form is a testamentary device whereby a person leaves his or her body after death for use in an osteological collection for the study of forensic anthropology.

(7) DHS Form 3469 ‑‑ Donation of Anatomical Gift for Studies in Forensic Anthropology. This form is executed by the relative or person with authority to dispose of the deceased's body and donates the body for use in an osteological collection for the study of forensic anthropology.

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

Eff. November 1, 1977;

Amended Eff. February 1, 1988;

Transferred and Recodified from 10 NCAC 8I .0016 Eff. April 4, 1990.