W. Va. Code R. § 64-84-23

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

Section 64-84-23 - Maintenance of Case Files

23.1. The OCME shall maintain complete and thorough files for all cases which it investigates for a period of at least 50 years.

23.2. The OCME shall retain direct custody and control of all original case files contents, shall maintain them in an orderly, secure, and systematic fashion at all times, except when the original records are requested by subpoena for delivery to a court of law for evidentiary purposes. When such original documents are required, the CME or designee shall hand-deliver those documents to the court for inspection along with appropriately attested copies. The original documents shall be returned to the OCME by the CME or designee while leaving the copies for inclusion for evidentiary purposes.

23.3. The OCME shall utilize numbered standard forms, approved by the CME and bearing the dates of any subsequent revision.

23.4. The case files of the OCME shall be considered confidential medical records. The OCME shall release information obtained from the investigation, autopsy, or other examination of the body, or from any ancillary test or procedure performed by, or at the request of the OCME, in accordance with the provisions of subsection 18.1 of this rule.

23.5. The OCME shall maintain autopsy case files for at least 50 years, except when autopsy reports, reports of ancillary studies results, and photographic evidence are archived electronically, in which case the original materials may be destroyed. All obsolete or discarded records shall be destroyed. Any medical or other therapeutic record contained within OCME case files, that were obtained from another agency or institution or other source, pursuant to W. Va. Code § 61-12-8 may, at the discretion of the CME or DCME, be destroyed at case closure.

23.6. The OCME shall maintain X-rays obtained at an autopsy or copies of X-rays obtained by records request, for at least 10 years, at the OCME's discretion, or the images may be archived electronically to become part of the case file.

W. Va. Code R. § 64-84-23