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Bill > H164


NC H164

NC H164
Parental Consent to Release Child Autopsies


summary

Introduced
02/21/2025
In Committee
02/24/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT ESTABLISHING A PARENTAL CONSENT REQUIREMENT FOR THE DISCLOSURE OR RELEASE OF CHILD AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER.

AI Summary

This bill establishes a new requirement for parental consent regarding the disclosure of autopsy records for children under 18 years old. The legislation mandates that any records, reports, photographs, tests, or analyses compiled by the Office of the Chief Medical Examiner related to a child's death are confidential and can only be released with prior written consent from the child's parent, guardian, or person standing in loco parentis. However, there are exceptions that allow disclosure without consent, such as addressing public health concerns, conducting research, or complying with legal reporting requirements. If someone willfully discloses these confidential materials without authorization, they could be charged with a Class 1 misdemeanor. The bill also provides a legal process for parties seeking to obtain these materials if parental consent is withheld: they can file a special proceeding in superior court, where a judge will evaluate the request based on factors like public interest, privacy concerns, and the potential impact of disclosure. The law will take effect on October 1, 2025, and applies specifically to autopsy materials related to deceased children, distinguishing them from autopsy records of adults, which have different disclosure rules.

Committee Categories

Justice

Sponsors (24)

Last Action

Ref to the Com on Judiciary 2, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House (on 02/24/2025)

bill text


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