Designates listed records and other information that is compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under GS 130A-382, an investigating medical examiner, or an autopsy center in connection with the death of a child who was under 18 years of age at the time of death, including any autopsy photographs or video or audio recordings, as confidential under new GS 130A-385(d1) (duties of a medical examiner), only to be disclosed or released with the prior written consent of the deceased child's parent or guardian or a person standing in loco parentis to the deceased child to the personal representative of the decedent’s estate to enable them to fulfill their duties under law. Specifies that those persons conducting the autopsy are not prevented from disclosing or releasing information or reports when necessary to address public health or safety concerns; for public health purposes, including public health surveillance, investigations, interventions, and evaluations; to facilitate research; to comply with reporting requirements under State or federal law or in connection with State or federal grants; or to comply with any other duties imposed by law. Designates violations of GS 130A-385(d1) a Class 1 misdemeanor. Provides for a special proceeding in the superior court in the county where the death is the subject of the withheld materials if the deceased child’s parent, guardian, or person standing in loco parentis withholds consent for disclosure or release and also provides a right of appeal. Makes conforming changes to GS 130A-389.1 (right of access to photographs and video or audio records made pursuant to autopsy) and GS 132-1.8 (confidentiality protections of photographs and video or audio recordings made pursuant to autopsy).
Effective October 1, 2025.

Statutes affected:
Filed: 130A-385, 130A-389.1, 132-1.8