Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-32-8 - Delayed Registration of Death8.1. The registration of a death after the time prescribed by W. Va. Code and rules shall be registered on the current certificate of death form or an alternate delayed certificate of death form in the manner prescribed in this subsection. 8.1.a. If the attending physician or another certifier as specified in W. Va. Code § 16-5-19(c)(1) or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner at the time of death and the attending funeral director or person who acted in that capacity are available to complete the certificate of death, it may be completed without additional evidence and filed with the State Registrar. For those certificates filed one year or more after the date of death, the attending physician or another certifier as specified in W. Va. Code § 16-5-19(c)(1) or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner and the funeral director or person who acted in that capacity shall state in accompanying affidavits that the information on the certificate is based on records kept in their files. Delayed registrations of death filed under this provision are to be filed on the current certificate of death form and are to be stamped "Delayed."8.1.b. In the absence of the attending physician or another certifier as specified in W. Va. Code § 16-5-19(c)(1) or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner and the funeral director or person who acted in that capacity, the certificate may be filed by the next of kin or spouse of the decedent and shall be accompanied by two documents which identify the decedent and his or her date and place of death. Delayed registrations of death filed under this provision are to be filed using a delayed certificate of death form provided by the State Registrar. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of death form.8.2. In all cases, the State Registrar may require additional documentary evidence to prove the facts of death.