W. Va. Code R. § 64-84-18

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 64-84-18 - Release of Information

18.1. Autopsy and investigation findings, results of ancillary studies performed by or at the request of the OCME, and all case file documents created by the process of death investigation by this office are confidential records and information, disclosed only as specified under W. Va. Code § 61-12-8, §61-12-10, §61-12-13, and § 61-12A-3. The OCME does not create nor release any preliminary reports. Release of information may only be accomplished upon closure of the case. In the case of deaths investigated by the OCME, medical, corrective, other therapeutic, investigative, and incarceration records of the deceased obtained at OCME's request pursuant to W. Va. Code § 61-12-8, are confidential and are not releasable by the medical examiner upon any request or subpoena.

18.2. With the exception of any medical, corrective, or other therapeutic, investigative, and incarceration records of the deceased obtained by the investigation at OCME's request pursuant to W.Va. Code § 61-12-8 the OCME shall release records and information obtained by the OCME investigation to the next of kin, the executor or administrator of the estate, or to any designee specified by the next of kin or executor or administrator of the estate, upon their written request, except when the circumstances of death are the subject of a criminal investigation or criminal proceeding, in which case the same records and information pertaining to the investigation into the death by the OCME shall be released only to the principal investigating agency, the prosecuting attorney holding jurisdiction for the death, or to their designee unless the release is authorized by order of the court of record having criminal jurisdiction.

18.3. At the direction of the Commissioner, the CME may release autopsy or toxicology reports to governmental agencies when the CME or OCME Chief Administrator finds it to be in the public interest, except when the circumstances of death are the subject of a criminal investigation or criminal proceeding in accordance with W. Va. Code § 61-12-10.

18.4. The Chief Administrator of the OCME is the designated records custodian of the OCME, and as such, has the responsibility for the review, approval and fulfillment, or denial of requests for release of information. These responsibilities are carried out in consultation with bureau, department, and state level legal counsel whenever necessary.

W. Va. Code R. § 64-84-18