Section 130A-389 - Autopsies(a) The Chief Medical Examiner or a competent pathologist designated by the Chief Medical Examiner shall perform an autopsy or other study in each of the following cases:(1) If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made.(2) If an autopsy or other study is requested by the district attorney of the county or by any superior court judge.(3) Notwithstanding subdivision (2) of this subsection, in any case in which the district attorney of the county asserts to the Chief Medical Examiner or the medical examiner of the county in which the body was located that there is probable cause to believe that a violation of G.S. 14-18.4 has occurred, a complete autopsy shall be performed. The district attorney has at least 72 weekday hours after pronouncement of death by a person authorized under this Part to express the opinion that death has occurred to make the assertion required by this subdivision, provided that the district attorney or the investigating law enforcement agency provides notification within the first 24 hours after the pronouncement that such an assertion might be made. The district attorney may, but is not required to, assert to the Chief Medical Examiner the facts supporting probable cause to believe that a violation of G.S. 14-18.4 has occurred. A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the limitations of G.S. 130A-389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request.
(a1) The fee for the autopsy or other study shall be five thousand eight hundred dollars ($5,800) to be paid as follows: (1) Except as provided in subdivision (2) of this subsection, the county in which the deceased resided shall pay a fee of three thousand six hundred twenty-five dollars ($3,625) and the State shall pay the remaining balance of two thousand one hundred seventy-five dollars ($2,175).(2) If the death or fatal injury occurred outside the county in which the deceased resided, the State shall pay the entire fee in the amount of five thousand eight hundred dollars ($5,800). (b) In deaths where the Chief Medical Examiner and the medical examiner investigating the case do not deem it advisable and in the public interest that an autopsy be performed, but the next-of-kin of the deceased requests that an autopsy be performed, the Chief Medical Examiner or a designated pathologist may perform the autopsy, unless the deceased's health care power of attorney granted authority for such decisions to the health care agent. If the Chief Medical Examiner or a designated pathologist performs the autopsy at the request of the next of kin, the cost shall be paid by the next of kin.(c) When the next-of-kin of a decedent whose death does not fall under G.S. 130A-383 or 130A-384 requests that an autopsy be performed, the Chief Medical Examiner or a designated pathologist may perform that autopsy and the cost shall be paid by the next-of-kin.(d) The report of autopsies performed pursuant to subsections (b) and (c) shall be a part of the decedents' medical records and therefore not public records open to inspection.N.C. Gen. Stat. § 130A-389
Amended by 2024 N.C. Sess. Laws 43,s. 1-c, eff. 10/1/2024.Amended by 2023 N.C. Sess. Laws 134,s. 9H.8-c, eff. 7/1/2024.Amended by 2023 N.C. Sess. Laws 134,s. 9H.8-b, eff. 12/1/2023, applicable to medical examiner cases arising on or after that date.Amended by 2023 N.C. Sess. Laws 134,s. 9H.8-a, eff. 7/1/2023, repealing amendments made by 2023 N.C. Sess. Laws 123,s. 5-a.Amended by 2023 N.C. Sess. Laws 123,s. 5-a, eff. 12/1/2023, applicable to autopsies conducted on or after that date.Amended by 2015 N.C. Sess. Laws 241, s. 12E.5-a, eff. 10/1/2015.Amended by 2013 N.C. Sess. Laws 360, s. 12E.8-a, eff. 8/1/2013.Amended by 2005 N.C. Sess. Laws 393, s. 2, eff. 12/1/2005.Amended by 2005 N.C. Sess. Laws 351, s. 4, eff. 10/1/2005. 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).