W. Va. Code R. § 64-84-10

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 64-84-10 - Transport of the Body

10.1. The CoME, ACoME, or CoCo shall obtain telephone authorization from the OCME Forensic Investigations Unit (FIU) to arrange for removal of the body to an appropriate place for complete external examination and subsequent certification of death.

10.2. The CoME, ACoME, or CoCo shall arrange for transport of the deceased from the place of death to a funeral home or local hospital morgue under the provisions of this section, for the purpose of performing further examination of the body, according to the following requirements:

10.2.1. The body shall be transported in a timely manner and under appropriate and reasonable conditions;

10.2.2. The body shall be enclosed in a clean, moisture-impervious body bag;

10.2.3. The identity of the body shall be documented by form provided by the OCME affixed securely to the body and the corresponding case number labeled securely on the body bag;

10.2.4. Transportation of remains shall be by an approved transportation company as outlined in subsection 10.4. of this section, using a funeral or ambulance vehicle, or other conveyance as authorized by the OCME; and

10.2.5. The OCME investigation report and any other records obtained by the CoME, ACoME, or CoCo detailing the findings from the examination at the scene of death shall accompany the body or shall be delivered to the OCME in a secure and timely fashion so as to be available to the prosector prior to performing the autopsy.

10.3. In the event that a security tab must be removed from a sealed body pouch, the CoME, ACoME, CoCo, or any person requesting to remove the security tab shall first contact the OCME for approval to remove the security tab. The appropriate form provided by the OCME shall be used by the individual removing the security tab to document the removal of the original security tab and replacement with a second security tab.

10.4. Transport companies used for the purpose of transporting bodies for the OCME shall have a Decedent Transportation Agreement Contract approved and on file with the Bureau for Public Health Central Finance office. Vendors must meet the terms and conditions set forth in the contract, which include but are not limited to, providing their staff with OSHA and blood-borne pathogen training by a licensed funeral director or the OCME and providing documentation of the training upon OCME request. Any drivers used by the transport company shall have a valid W. Va. Driver's license with no points on record and no criminal record. The transport company shall be insured and bonded for at least $2,000,000 through a Professional Mortuary Insurance policy.

10.4.1. Transport companies used for the purpose of transporting bodies for the OCME shall:

10.4.1.a. Provide appropriate vehicles for the purposes of transporting human remains;

10.4.1.b. Provide vehicles of adequate size and spacing;

10.4.1.c. Not transport such number of cases which exceed vehicle design capacity;

10.4.1.d. Provide vehicles designed so that human remains are not visible during transport by tinting, curtains, shades, or other means;

10.4.1.e. Provide vehicles that are kept clean and maintained in good working condition;

10.4.1.f. Provide vehicles that have effective interior cooling capacity in all climate conditions;

10.4.1.g. Maintain a valid and current W. Va. business license; and

10.4.1.h. Remain in good standing with Workers' Unemployment Compensation and all state and local taxes.

W. Va. Code R. § 64-84-10