W. Va. Code R. § 64-84-13

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

Section 64-84-13 - Authorization for Cremation by OCME, CoME, ACoME, or CoCo

13.1. All requests to cremate a decedent, where the death was pronounced in West Virginia or the cremation will be physically executed within the state and another state or jurisdiction has not issued an authorization to cremate, must be authorized by the OCME, or by the CoME, ACoME, or CoCo, in the DAVE system except when a decedent has donated his or her body to science as set forth in W. Va. Code § 61-12-9 and in such instance no request to cremate is required to be requested. Before authorizing the cremation of human remains, the OCME,CoME, ACoME, or CoCo shall:

13.1.1. Review the completed death certificate in the DAVE system or a photocopy or facsimile copy of it provided by the funeral director or crematorium in an exigent or emergency situation;

13.1.2. Ascertain that West Virginia death certificate items as set forth in this subdivision are fully and correctly completed as follows:

13.1.2.a. The OCME, CoME, ACoME, or CoCo shall ensure that the name of the deceased is entered correctly;

13.1.2.b. Items referring to the "date of death," "time of death," "date pronounced," "cause," and "manner of death" sections are fully completed, and a specific and competent cause of death and appropriate manner of death are listed. Only a medical examiner may determine a manner that is anything other than natural. As such, any death certificate with a manner designated other than natural must be certified by a medical examiner. If certified by any other provider, the death must be immediately referred to the OCME for review;

13.1.2.c. Appropriate referral of the death to the "medical examiner/coroner" has been made in cases whose death circumstances fall under section 6 of this rule, by notation in the "was case referred to the medical examiner/coroner" location on the death certificate; and

13.1.2.d. The portions of the death certificate identifying the title and name of the "certifier," his or her signature, and the "date signed" are completely and correctly filled out.

13.2. If any death certificate item listed in subdivision 13.1.2. of this section is incomplete, or the cause of death statement is not valid or is incomplete, or the certification is not lawful, the CoME, ACoME, or CoCo shall refuse authorization for cremation; any CoME, ACoME, or CoCo refusing cremation authorization under this rule shall immediately refer the case to the OCME.

13.3. The CoME, ACoME, CoCo, or OCME may examine the remains presented for cremation directly, in a timely fashion, to ascertain that the appearance of the body is consistent with the cause of death as stated by the death certificate or to confirm the identity of the deceased.

13.4. When a CoME, ACoME, CoCo, or the OCME has refused authorization to cremate under this section, it is unlawful for any person to solicit authorization for the cremation from any other CoME or CoCo.

13.5. This section applies only to remains of persons whose deaths have been pronounced within the State of West Virginia or for remains of persons whose deaths have been pronounced in another state and does not have a prior authorization for cremation issued by the state or jurisdiction in which the death occurred.

13.6. The CoME, ACoME, CoCo, or OCME shall receive a reasonable fee, to be established by the Chief Medical Examiner. This fee shall be assessed to the requesting funeral agency or crematory for investigation into the circumstances of any death for the purposes of authorization for cremation, as described in this rule.

13.7. The OCME, CoME, ACoME, or CoCo shall document his or her review of the death certificate and certify that there are no defects or omissions to the death certificate that would require further investigation into the circumstances of death, or further examination of the body, by signed authorization of a form provided by the OCME for this purpose. The original OCME form shall be attached as a part of the death certificate file in the DAVE system, or in the case of an exigent or emergency situation requiring paper processing, a copy of the paper form shall be surrendered to the requesting funeral director or crematory, and the OCME, CoME, ACoME, or CoCo shall keep one copy for his or her records pursuant to subsection 12.6 of this rule. In situations where a paper process is utilized, the CoME, ACoME, or CoCo shall submit a second copy to the OCME.

13.8. The CME or his or her designee may authorize cremation, on behalf of the OCME. Upon authorization, the requesting funeral director or crematory shall pay the OCME the current fee as established for the CoME, ACoME, or CoCo under subsection 13.6. of this section.

W. Va. Code R. § 64-84-13