W. Va. Code R. § 64-32-10
Current through Register Vol. XLI, No. 44, November 1, 2024
Section 64-32-10 - Authorization for Final Disposition10.1. Removal of Body. 10.1.a. Before removing a dead body or fetus from the place of death, the funeral director or person acting in that capacity shall: 10.1.a.1. Obtain assurance from the attending physician or another certifier as specified in W. Va. Code § 16-5-19(c)(1), the physician or other licensed health professional who pronounces death that the death is from natural causes and that the attending physician placed in charge of the decedent's care or another certifier as specified in W. Va. Code § 16-5-19(c)(1) will assume or has assumed responsibility for certifying to the cause of death or fetal death and receive permission to remove the body from the place of death; or10.1.a.2. Notify the State Medical Examiner or his or her designee or the county medical examiner or the county coroner if the case comes within his or her jurisdiction and obtain authorization to remove the body.10.2. Special Allowance for Hardship Cases. 10.2.a. In deaths that have been referred to the West Virginia Office of the Chief Medical Examiner, their coroner, or designee, and it has been determined that: 10.2.a.1. The death does not fall under the purview of the Office of the Chief Medical Examiner;10.2.a.2. The attending physician or other medical certifier is unavailable to allow for removal and final disposition of the body within a time period to prevent an undue hardship to the family; and10.2.a.3. With consent by the Office of the Chief Medical Examiner, their coroner, or designee, that separate authorization for removal of the body and the authorization for disposition signed by the attending physician or other medical certifier who is to certify to the cause of death is not necessary before removal and final disposition.10.3. Authorization for Disinterment and Reinterment. 10.3.a. Upon receipt of a written application signed by the next of kin or spouse and the person who is in charge of a disinterment or upon receipt of an order of a court of competent jurisdiction which directs a disinterment, the State Registrar shall issue an authorization for the disinterment and reinterment of a dead body to a licensed funeral director.10.3.b. Upon receipt of a court order or signed permission of the next of kin or spouse, the State Registrar may issue one authorization to a licensed funeral director to permit disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body are identified and the place of disinterment and reinterment are specified. The authorization shall be permission for disinterment, transportation, and reinterment.10.3.c. A dead body deposited in a receiving vault shall not be considered a disinterment when removed from the vault for disposition.10.3.d. In all cases a court of competent jurisdiction must order disinterment and reinterment before issuance of authorization in which it is the intention that the disinterment of a dead body is to be performed and the casket is to be opened for any purpose, other than solely for removal of the remains for subsequent cremation authorized by a cremation permit issued by the State Medical Examiner's office.W. Va. Code R. § 64-32-10