W. Va. Code R. § 64-84-14

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

Section 64-84-14 - Death Certificate

14.1. The OCME shall complete and certify the death certificate in the DAVE system for all deaths for which OCME jurisdiction has been established in accordance with W. Va. Code § 61-12-10 and this legislative rule. Under exigent or emergency circumstances, a CoME, ACoME, or CoCo may complete and certify a paper death certificate utilizing the Cause and Manner of death determined subject to the supervision of the CME. Such exigent or emergency circumstances shall be approved in advance and with the consultation of the Vital Registration Office. Circumstances where a paper death certificate is authorized and utilized must follow the requirements outlined within this legislative rule according to the following:

14.1.1. Only the CME or his or her designee holding appointment as DCME may rule a cause or manner of death as undetermined; paper death certificates completed in the field under exigent or emergency circumstances do not qualify for an "undetermined" manner of death to be assigned;

14.1.2. Regarding a death investigated by the OCME, only the CME_or his or her designee holding appointment as DCME may list as "pending" the cause or manner of death for an otherwise completed death certificate when knowledge of the circumstances of death necessary for accurate death certification is lacking, but reasonably anticipated, either through further testing or investigation. Paper death certificates completed in the field under exigent or emergency circumstances do not qualify for a Pending cause or Pending manner to be assigned;

14.1.3. Completion of a death certificate by listing a specific cause or manner of death, previously listed as pending, by the prosector requires the concurring opinion of the CME or his or her designated reviewing DCME, by review of case findings and circumstances, documented by submission to the Vital Registration Office of an appropriate amendment in the DAVE system, or in exigent or emergency circumstances by submission of a paper OCME death certificate completion form bearing the signatures of both the prosector and reviewing DCME. Upon receiving the information required for accurate death certification, the CME or his or her designee holding appointment as DCME shall complete the appropriate electronic or paper process to finalize a pending death certificate;

14.1.4. The CME, or his or her designee, with the assistance of a CoME, ACoME, or CoCo when needed, shall investigate any death where the corresponding death certificate is improperly filled out, invalid, or completed in any manner which is unauthorized by State or Federal law, and may amend the death certificate in conformity to State and Federal law and this rule by following the appropriate electronic or paper process as outlined herein;

14.1.5. The CME, DCME, or designated forensic pathologist holding appointment as DCME shall make all amendments and corrections to already signed and filed death certificates using the appropriate electronic or paper process, approved by the State Registrar, provided for that purpose;

14.1.6. The CME or DCME may amend any section of the death certificate that pertains to the cause, manner, date, or time of death of any previously certified death, when the OCME has made an investigation into the death, as required under W. Va. Code § 61-12-8 or under this rule, when the amendment will correct an inaccuracy, except where proscribed by W. Va. Code and this rule by following the appropriate electronic or paper process; and

14.1.7. No human remains which have been subject to a forensic postmortem examination pursuant to W. Va. Code § 61-12-8 and §61-12-10 shall be considered to be released from legal control of the medical examiner without a death certificate that is signed and completed in the DAVE system by the CME or his or her designee, or in an exigent or emergency circumstance by the CME or his or her designee, CoME, ACoME, or CoCo on a paper death certificate.

14.1.8. The prosector will complete his or her portion of the death certificate and submit the document to the authorized licensed funeral director through the DAVE system or on paper in exigent or emergency situations. The State Registrar of Vital Statistics is the custodian of the official death certificate. All other references to the completion of the death certificate made in this rule apply to the prosector, CoME, ACoME, or CoCo portion of the death certificate only.

W. Va. Code R. § 64-84-14