Current through Register Vol. XLI, No. 25, June 21, 2024
Section 64-84-3 - Definitions3.1. American Board of Medico-legal Death Investigators (ABMDI) -- A professional association that provides training and certification in the field of medico-legal death investigation, provides accreditation to other medico-legal death investigation training programs that meet requirements set by the ABMDI, and establishes professional standards of practice for that discipline.3.2. Assistant County Medical Examiner (ACoME) -- A physician, registered nurse, paramedic, emergency medical technician, or physician's assistant, who is medically trained and currently certified or licensed, unrestricted, in the State of West Virginia, who is in good standing, and who is appointed by the Chief Medical Examiner (CME) to provide medico-legal death investigation services under direction and supervision of the CME or designee, in accordance with standards of practice as set forth in this rule and the West Virginia Handbook for Performance of Death Investigation and Certification.3.3. Certification of Death -- The scientific, investigative, and legal processes used by the CME or Deputy Chief Medical Examiner (DCME) to establish conclusions regarding the cause and manner of certain deaths pursuant to the requirements of W. Va. Code § 61-12-3et seq. and § 16-5-1, et seq., in particular but not limited to W. Va. Code § 16-5-19, §16-5-20, and §16-5-21 related to Vital Records.3.4. Chief Administrator -- Office Director of the OCME who manages the day-to-day operations of the OCME and is responsible for everything non-medical that occurs under the umbrella of the OCME.3.5. Chief Medical Examiner (CME) -- A physician licensed to practice medicine or osteopathic medicine in the State of West Virginia, who is a diplomat of the American Board of Pathology in forensic pathology, or equivalent, and who has experience in forensic medicine. The CME shall be appointed by the Commissioner of the Bureau for Public Health.3.6. Clinical Specialist -- A practitioner of a medical discipline recognized by the American Boards of Medicine Specialties.3.7. Commissioner -- The Commissioner of the West Virginia Bureau for Public Health or his or her successor as defined by the W. Va. Code.3.8. County Coroner (CoCo) -- A person who is in good standing, who is trained and certified in the practice of medico-legal death investigation in a manner pursuant to this rule, who is appointed by a county commission, and works under the direction and supervision of the CME or designee.3.9. County Medical Examiner (CoME) -- A physician, registered nurse, paramedic, emergency medical technician, or physician's assistant, who is medically trained and currently certified or licensed, unrestricted, in the State of West Virginia, who is in good standing, who is trained and certified in the practice of medico-legal death investigation in a manner pursuant to this rule, and who is appointed by the CME and works under the direction and supervision of the CME or designee.3.10. Deputy Chief Medical Examiner (DCME) -- A qualified forensic pathologist appointed by the CME as his or her designee to perform all duties specific to, and required for certification of death, for the State of West Virginia as contemplated by W. Va. Code § 61-12-3, et seq. This person may be referred to simply as the CME's designee or as a DCME.3.11. Forensic Autopsy -- A postmortem forensic examination of a body that may encompass varying levels ofsurgical exploration and the study and analysis of the body tissues and fluids, according to W. Va. Code and the rules of the OCME.3.12. Forensic Postmortem Examination -- Any examination of the human body performed after death that is authorized by W. Va. Code § 61-12-10.3.13. Forensic Specialist -- A practitioner of any forensic science or discipline, employing practices and methodologies recognized by the American Academy of Forensic Sciences or equivalent.3.14 Medico-legal Death Investigation -- The discipline of obtaining information by investigation into the deaths of persons pursuant to W. Va. Code § 61-12-8.3.15. OCME -- Office of the Chief Medical Examiner.3.16. Organ Procurement Organization -- Eye bank, organ procurement organization, or tissue bank.3.17. Prosector -- CME or DCME who conducts the autopsy.3.18. Qualified Forensic Pathologist -- A physician who holds board certification or board eligibility in forensic pathology or has completed an American Board of Pathology or equivalent fellowship in forensic pathology.3.19. Secretary -- The Secretary of the Department of Health.3.20. Unclaimed Decedent -- A deceased person who has been positively identified by a recognized forensic identification method and whose remains are in the custody of the OCME only due to the fact that no legal next of kin willing to accept custody in order to make arrangements for final disposition has been identified by the OCME or any other government entity for a minimum period of 30 days after their identification.3.21. Unidentified Decedent -- a deceased person or a portion of a deceased person who has not been positively identified by a recognized forensic identification method and whose remains are in the custody of the OCME. The OCME at some point assumed jurisdiction and custody of the unidentified decedent under the authority granted in W. Va. Code § 61-12-10 and sections 6 and 8 of this rule to perform a medico-legal death investigation.