W. Va. Code R. § 64-84-21

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

Section 64-84-21 - Release of Biological Materials from OCME Custody

21.1. The OCME shall release biological materials, including tissues and body fluids, only to a certified and accredited laboratory upon a written request that is accompanied by a signed authorization from:

21.1.1. The next of kin, the executor or administrator of the estate, or any designee specified by the next of kin or executor or administrator of the estate;

21.1.2. The county health officer, public health laboratory, or the Commissioner/State Health Officer;

21.1.3. Parties in litigation before a court of record to whom the cause of death is a material issue; or

21.1.4. Court order from a court of competent jurisdiction in a civil or family law matter.

21.2. The OCME shall refer requests for testing of biological materials taken at the time of postmortem examination on behalf of persons who may have had an infectious disease exposure as a result of contact with a body under the OCME's custody, to his or her county health officer, who may request release of a sample.

21.3. When the OCME is notified by a county health officer that a significant infectious disease exposure has occurred as the result of contact with a body under the OCME's custody, the OCME shall transfer a sufficient sample of blood or other useful biologic material pertaining to the case to the State public health laboratory for appropriate testing. The State public health laboratory is responsible for release of all test results pursuant to applicable State law.

21.4. Before the OCME can comply with a request under subsection 21.1. of this section to release biological materials to a requesting party from a case that is part of a criminal investigation or criminal proceeding, the OCME shall require an order of the court of record having criminal jurisdiction.

21.5. When the CME determines that a biological or other material sample from a case that is part of a criminal investigation or criminal proceeding has irreplaceable forensic value, the OCME may withhold it from an otherwise lawful request for release under this rule unless:

21.5.1. Requested by the prosecuting attorney holding jurisdiction; or

21.5.2. A court of record orders the OCME to release the samples.

21.6. The person or agency requesting biological material release and analysis shall prepay all costs associated with shipping, subsequent analysis, and return of the samples to the OCME, prior to release of the materials.

21.7. The OCME shall only allow shipment of the biological materials directly to the recipient laboratory by courier or other bonded service acceptable to the OCME. Upon the OCME transfer of any biologic materials sample under this rule, the transferee assumes full responsibility for maintaining the forensic integrity and initial conditions of such materials, and for any risks associated with shipping and subsequent analysis.

21.8. The OCME shall handle requests for release of microscopic slides according to the following provisions:

21.8.1. Original slides shall be maintained in the custody of the OCME. Copies of slides will be sent only to a licensed physician or laboratory only after all requirements outlined herein have been satisfied and the case has been closed by the prosector;

21.8.2. When the OCME provides slides by any request, all slides shall be returned to the OCME after examination. Upon the OCME transfer of histology slides under this rule, the transferee assumes full responsibility for maintaining the forensic integrity of such materials, and for return of all materials in original condition and in a timely manner.

21.8.3. When the OCME provides duplicate histologic slides cut from original tissue blocks, the OCME may charge a reasonable fee per slide, to the requesting person or entity, to be deposited in the health services fund to be used to support the purposes of the OCME.

21.8.4. The release to an appropriate entity as described in this rule shall be made upon written request by the next of kin or executor or administrator of the estate, or by their designee.

21.8.5. If a West Virginia court of jurisdiction directs the OCME to release specimens to a party, that party is responsible for all costs incurred by release and transmittal of named materials to that party; and

21.8.6. At the request of an officer of the court engaged in a civil legal matter, except where there is also an ongoing criminal litigation or investigation related to the case associated with the glass slides, the criminal process holds precedence over the civil matter. In that case, authorization for release of the slides must be received from a court of jurisdiction.

21.9. Before the OCME releases histologic samples pertaining to a criminal investigation or proceeding, the request must come from either the prosecuting attorney or other parties in the same criminal court proceeding with a court order.

21.10. When the CME determines that a histologic sample possesses irreplaceable forensic value and is not able to be duplicated, the OCME may withhold it from an otherwise lawful request for release under this rule unless:

21.10.1. Requested by the prosecuting attorney holding jurisdiction; or

21.10.2. A court of record orders the OCME to release the samples.

21.11. All costs and fees associated with the duplication of histologic material, slide preparation, and shipment, including via bonded courier, first class mail, or other delivery service, when chargeable under this rule, shall be paid by the requesting party.

W. Va. Code R. § 64-84-21