W. Va. Code R. § 64-84-20

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

Section 64-84-20 - Human Remains and Personal Property

20.1. The OCME shall release human remains from medical examiner custody to a licensed funeral home or as otherwise permitted by law when designated by the next of kin or administrator or executor of the estate only when accompanied by a working copy of the death certificate that is completed and certified by the prosector or delegate in the DAVE system, or in exigent or emergency situations a paper death certificate certified by the OCME, CoME, ACoME, or CoCo.

20.2. The licensed funeral home shall provide written authorization to receive the remains of the deceased by signing a form provided by the OCME.

20.3. The OCME may release custody of remains to an organ procurement organization or its designee only upon receipt of verbal or written authorization by the organ procurement organization or a copy of the prior written authorization for such release provided by the decedent, or by the next of kin, or the executor or administrator of the estate if there be an estate that the decedent or legal next of kin has approved or authorized organ/tissue/cornea recovery. The OCME shall authorize the presence of assigned representatives of an organ procurement organization approved by the OCME to be present to perform duties in the facility including accessing electronic medical records necessary to identify and evaluate potential donor eligibility, as well as obtain authorization in order to facilitate the efficient and economical recovery of anatomical gifts for donation. This authorization and release of custody of the body to the organ procurement organization by the OCME does not constitute a release of medical examiner case jurisdiction by the OCME. The organ procurement organization which accepts custody of a decedent's remains whose death falls under OCME jurisdiction assumes all responsibility and accrued liability for any change in the condition of those remains while in their possession.

20.4. When the OCME has taken charge of a body, all personal property belonging to and associated with the body:

20.4.1. May be taken into the custody of the OCME;

20.4.2. Shall be described and listed on forms prescribed by the OCME for that purpose; and

20.4.3. Shall be released to the principal investigating agency, upon its request, or in the absence of such a request, when the personal property has no forensic significance, it may be released to the executor or administrator of the deceased's estate or to the next of kin, or their designee by release to the funeral home/crematorium/transport agency authorized by the next of kin to accept custody of the decedent upon release of custody from the OCME. The OCME shall document the release of the personal property on forms provided by the OCME.

20.5. Upon the OCME transfer of the remains and personal property of the decedent, the transferee assumes full responsibility for decedent remains and personal property.

20.6. In the absence of an identified next of kin, executor or administrator of decedent's estate, or when the remains or personal property are determined to have further forensic significance, the remains may not be released from the custody of the OCME without authorization by the CME or his or her designee.

20.7. Whenever human remains are received into, or released from, the custody of the OCME, they shall be enclosed in a clean, moisture impervious body bag, with the deceased's name and the OCME case number clearly labeled on both a body tag reliably affixed to the body and on the body bag.

W. Va. Code R. § 64-84-20