W. Va. Code R. § 64-84-16

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

Section 64-84-16 - Performance of the Forensic Autopsy

16.1. The CME or his or her designee holding appointment as DCME, may allow an autopsy to be performed in the case of deaths occurring under circumstances when an examination is considered necessary to:

16.1.1. Establish a cause or manner of death;

16.1.2. Establish or confirm identification of the deceased;

16.1.3. Identify, recover, and preserve forensic evidence;

16.1.4. Obtain required samples for toxicologic, microscopic, or other analysis, for purposes described in this section;

16.1.5. Discover or provide interpretation and correlation of facts and circumstances of the death related to public health or safety;

16.1.6. Provide a report of death investigation, postmortem examination, and toxicology test findings for law enforcement;

16.1.7. Answer any other material questions that might apply to the death, that pertain to the public health or safety; or to any anticipated criminal prosecution;

16.2. A forensic autopsy may include, except as noted in subsection 16.4. of this section:

16.2.1. Examination of the cranial cavity and contents;

16.2.2. Examination of the thoracic and abdominal cavities and their contents; and

16.2.3. Surgical exploration of other parts of the body as considered necessary by the prosector;

16.3. The autopsy shall be conducted in such a way to minimize hazards to the persons performing or attending the autopsy, by ensuring that universal precautions are continuously applied.

16.4. When a forensic autopsy is performed, such examination may be limited to whatever extent described by protocol established by the CME.

16.5. Any DCME may authorize a forensic postmortem examination of the body, subject to direction of the CME.

16.6. The prosecuting attorney of any county in which the death or the event contributing to, or causing death, occurred or the judge of the circuit or any court of record having criminal jurisdiction in the county in which the death or the event contributing to or causing death occurred, may request the performance of a forensic autopsy or other forensic post mortem examination of the body by the OCME. In the case of deaths that result from a suspected criminal act occurring in W. Va., but which are pronounced in another state, all costs accruing from performance of autopsy shall be borne by the requesting county authority or court.

16.7. When any person opposes an autopsy, the CME or his or her designee holding appointment as DCME shall give due consideration to the objections. The final decision as to the performance or extent of a forensic postmortem examination is at the discretion of the CME or his or her designee, subject to W. Va. Code § 61-12-3, et seq.

16.8. The CME or his or her designee holding appointment as DCME, may employ or consult any forensic or clinical specialist, subject to the approval of the CME, in order to investigate the cause or circumstances of a death, except when the forensic or clinical specialist:

16.8.1. Has resigned previous membership in the American Academy of Forensic Sciences or equivalent for a pending disciplinary matter;

16.8.2. Has applied to the American Academy of Forensic Sciences or equivalent for provisional membership and has been denied; or

16.8.3. Has had a previous membership revoked by disciplinary action by the American Academy of Forensic Sciences or equivalent; or

16.8.4. Has had his or her professional license restricted or revoked by any licensing Board.

16.9. Any information discovered in subdivisions 16.8.1., 16.8.2., or 16.8.3. of this section shall become part of the OCME case file, releasable under W. Va. Code § 61-12-10, §61-12-10(c), §61-12-10(d), §61-12-10(e), and §61-12-10(g).

16.10. The prosector, in the course of performing autopsies, shall complete and sign all autopsy reports pursuant to OCME policy, with the CME having the authority to sign for the prosector in absentia when necessary.

W. Va. Code R. § 64-84-16