W. Va. Code R. § 64-84-17

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

Section 64-84-17 - Specimens Collected and Tested

17.1. The CME or his or her designee holding appointment as DCME:

17.1.1. May collect any biologic materials from deceased persons and hold them for the performance of toxicologic or other analyses to determine any fact or circumstance relevant to a medico-legal death investigation, conforming to restrictions named in W. Va. Code § 61-12-10 and this rule;

17.1.2. Has final authority for disposition of the tissues and fluids except when the materials constitute a predominant amount of the collected deceased remains, in which case the materials shall be considered to constitute the human body, subject to release to the next of kin, administrator or executor of the estate where one exists, or to their designee, as described further in separate provisions of this rule; and

17.1.3. Shall authorize testing of blood and other appropriate specimens collected for both alcohol and drugs by drug screening, in conformity with Forensic Toxicology Laboratory Guidelines, promulgated by the American Academy of Forensic Sciences or equivalent, and pursuant to W. Va. Code § 61-12-10 and §17C-5B-1.

17.2 Compliance with toxicologic testing to Forensic Toxicology Laboratory Guidelines, promulgated by the American Academy of Forensic Sciences, 2006, is the responsibility of the Chief Toxicologist, under direction of the CME. The OCME:

17.2.1. May collect and hold for study any non-biologic materials or personal items taken from a body during a postmortem examination to answer any question of forensic significance. The CME or his or her designee shall notify in writing the next of kin, administrator or executor of the estate of the deceased, or their designee, if items were taken, in advance of any anticipated release of custody by the OCME of personal property retained. The next of kin, administrator or executor of the estate of the deceased, or their designee, must contact the OCME in writing within 30 days of receipt of notice to inform the OCME of their intent to receive the personal property, or the property may be disposed of at the discretion of the OCME;

17.2.2. Shall collect and deliver any material or personal items possessing, or thought to possess, forensic significance to the law enforcement agency of jurisdiction, recording the transfer on specific forms designated by the OCME;

17.2.3. May perform, or cause to have performed, any ancillary test or procedure including, but not limited to, X-ray or photographic imaging, obtaining fingerprints, anthropological studies, neuropathological studies, forensic odontology review, or DNA analysis when the procedure or test may render findings of forensic significance; and

17.2.4. May consult, query, or otherwise employ any forensic specialist in order to provide ancillary testing, or other forensic expertise considered necessary for determination, interpretation, or correlation of any fact or circumstance of death thought to have forensic significance, except where the forensic specialist:

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

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

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

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

W. Va. Code R. § 64-84-17