W. Va. Code R. § 64-84-12

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 64-84-12 - Documentation of Findings Obtained by Medico-legal Death Investigation by the CoME, ACoME, or CoCo

12.1. The CoME, ACoME, or CoCo who investigates the circumstances of a death shall record findings by using OCME reporting forms.

12.2. In cases of declined medical examiner jurisdiction, the CoME, ACoME, or CoCo shall record findings of initial investigation and the status of declined jurisdiction using OCME forms and submit the original forms to the OCME within seven business days of death notification.

12.3. The CoME, ACoME, or CoCo shall complete all pertinent OCME investigative forms as fully as possible, using currently available information.

12.4. If a death requires examination at the OCME, the CoME, ACoME, or CoCo shall submit a copy of the appropriate investigative reporting form with the case or deliver it to the OCME in a secure and timely fashion, so as to be available prior to the autopsy. If a facsimile of the investigation report is initially submitted to the OCME, the CoME, ACoME, or CoCo shall ensure that the original copy of the investigation report is provided to the OCME within seven business days of the death notification; and

12.5. In exigent or emergency situations where the Electronic Death Reporting System (DAVE) is unavailable for an extended period of time and the death is certified by the CoME, ACoME, or CoCo, he or she shall submit the original copy of the completed investigative report, and the completed W. Va. death certificate, in accordance with W. Va. Code § 16-5-1, et seq. or a photocopy of the completed death certificate to the OCME within seven business days of the death. Upon receipt at the OCME of the completed original OCME investigation form and death certificate, and, if applicable, the corresponding toxicology fluid samples, the CoME, ACoME, or CoCo shall be paid a reasonable fee, as established by the CME.

12.6. In all cases, the CoME, ACoME, or CoCo shall retain a copy of the OCME investigation report in files kept for that purpose. Upon receipt of payment, these records shall be destroyed as indicated in subdivision 12.6.1. of this subsection.

12.6.1. All obsolete records or third-party records obtained for the purposes of the medico-legal death investigation shall be destroyed.

12.6.2. All OCME records in custody of the CoME, ACoME, or CoCo shall be maintained in accordance with confidentiality, security, and other conditions and restrictions regarding custody and release in this rule and shall be promptly conveyed to OCME upon their request.

12.6.3. At the expiration of the term of service, termination, or resignation of any CoME, ACoME, or CoCo all records shall be returned to OCME.

12.7. All work product created under this rule shall become part of the OCME case file.

W. Va. Code R. § 64-84-12