North Carolina HB 164: Check-Off Donation: Cancer Screening.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 164

Short Title: Parental Consent to Release Child Autopsies. (Public)
Sponsors: Representatives Balkcom, Campbell, Carson Smith, and Stevens (Primary
Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, State and Local Government, if favorable, Rules,
Calendar, and Operations of the House
February 24, 2025
*H164-v-1*
A BILL TO BE ENTITLED 1
AN ACT ESTABLISHING A PARENTAL CONSENT REQUIREMENT FOR THE 2
DISCLOSURE OR RELEASE OF CHILD AUTOPSY INFORMATION COMPILED OR 3
PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 130A-385 is amended by adding new subsections to read: 6
"(d1) Any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 7
or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 8
Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 9
medical examiner, or an autopsy center in connection with the death of a child who was under 10
18 years of age at the time of death, including any autopsy photographs or video or audio 11
recordings, are confidential and may be disclosed or released only with the prior written consent 12
of the deceased child's parent or guardian or a person standing in loco parentis to the deceased 13
child as follows: 14
(1) The custodian of the finalized autopsy report may release a copy at a time and 15
location determined by the custodial agency to a personal representative of the 16
decedent's estate to enable the personal representative to fulfill his or her 17
duties under the law. 18
(2) The Office of the Chief Medical Examiner, a pathologist designated by the 19
Chief Medical Examiner, a county medical examiner appointed under 20
G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 21
prohibited from disclosing or releasing information or reports when necessary 22
to address public health or safety concerns; for public health purposes, 23
including public health surveillance, investigations, interventions, and 24
evaluations; to facilitate research; to comply with reporting requirements 25
under State or federal law or in connection with State or federal grants; or to 26
comply with any other duties imposed by law. 27
Any person who willfully and knowingly discloses or releases confidential materials in 28
connection with the death of a child who was under 18 years of age at the time of death, in 29
violation of this subsection, or who willfully and knowingly possesses or disseminates 30
confidential materials that were disclosed or released in violation of this subsection, is guilty of 31
a Class 1 misdemeanor; provided, however, that more than one occurrence of disclosure, release, 32
possession, or dissemination of the same item by the same person is not a separate offense. As 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 164-First Edition
used in this subsection, the term "disclose" means the act of making materials designated as 1
confidential under this subsection available for viewing or listening by a person or entity upon 2
request, at a time and location chosen by the custodial agency, and the term "release" means the 3
act of the custodial agency in providing a copy of materials designated confidential under this 4
subsection. 5
(d2) In the event a deceased child's parents or guardian or person standing in loco parentis 6
to the deceased child withholds the consent required for disclosure or release under subsection 7
(d1) of this section, a person or entity seeking disclosure or release of the materials may 8
commence a special proceeding in the superior court of the county where the death that is the 9
subject of the materials occurred to obtain a court order for disclosure or release of the materials. 10
The court may conduct an in-camera review of the materials. Upon a showing of good cause, a 11
superior court judge may issue an order authorizing the disclosure or release of the materials and 12
may prescribe any restrictions or stipulations that the superior court judge deems appropriate. 13
The petitioner shall provide reasonable notice of the commencement of the special proceeding 14
and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 15
accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 16
to the deceased child's parents or guardian, or to the person standing in loco parentis to the 17
deceased child; the Office of the Chief Medical Examiner; the district attorney of the county in 18
which the death occurred; and the personal representative of the estate of the deceased, if any. In 19
determining good cause, the judge shall consider whether the disclosure or release is necessary 20
for the pu