W. Va. Code R. § 64-84-19

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

Section 64-84-19 - Autopsy Reports

19.1. The autopsy report shall comprise the document titled "Report of Death Investigation and Post-mortem Examination Findings," together with all reports of ancillary tests requested by the prosector. The autopsy report shall include at least the following items:

19.1.1. The name of the deceased and the method of identification;

19.1.2. The condition of the body as received, including the state of preservation of the body and the development of postmortem changes; the deceased's clothing as well as its condition and significant defects;

19.1.3. Body development, and the height and weight of the deceased;

19.1.4. A description of body surface features, such as scars and tattoos;

19.1.5. A description of medical treatment and any postmortem organ or tissue donation, and associated effects;

19.1.6. A report of injury and manifestations thereof;

19.1.7. A report of findings on internal examination (if performed), including organ weight, if possible, and appearance, and any abnormalities present, including natural disease, malformation or injury, and their effects;

19.1.8. A report of the microscopic examination, if performed;

19.1.9. A list of retained materials taken from the body during autopsy;

19.1.10. A list of other ancillary studies performed during, or as part of the autopsy, such as toxicology; photography, including, but not limited to photography of identifying features or significant injuries; or X-ray imaging, and their results;

19.1.11. A statement of determination of the cause and manner of death based on autopsy findings, review of pertinent medical and investigative records, and investigation findings, noting both areas of correlation and conflict of autopsy findings with reported circumstances of death; and

19.1.12. The date, place, and time of the autopsy; the identity of the prosector; his or her signature, and the date he or she signed it.

19.2. The autopsy report shall not include copies of any medical, corrective, or other therapeutic, investigative and incarceration records of the deceased obtained by the investigation at OCME request pursuant to W. Va. Code § 61-12-8.

19.3. The original autopsy report, or any other original or irreplaceable element as determined by the CME pertaining to the OCME case files, may not be released from the OCME custody. When, upon request, copies of autopsy reports are released, pursuant to W. Va. Code § 61-12-10, to the prosecuting attorney or to the court of record having criminal jurisdiction over the death, by mail or by other established courier, including electronically, such copies of the autopsy report shall be released with a notarized statement attesting that it is a true and accurate copy of the original record.

19.4. Pursuant to W. Va. Code § 61-12-10 and §49-2-803, in the case of the death of any unemancipated person under the age of 18, whose death cannot be wholly attributed to natural disease, or where there is suspicion of significant neglect or maltreatment of the decedent, immediate notification of the death and known death circumstances shall be made to Child Protective Services (CPS) of the county of decedent residence, using a form provided by the OCME.

19.5. A reasonable fee may be charged by the OCME for providing autopsy reports.

19.5.1. Fees payable under this section shall be deposited in the health services fund to be used to support the purposes of the OCME.

W. Va. Code R. § 64-84-19