Current through Register Vol. XLI, No. 25, June 21, 2024
Section 64-84-5 - Authority of the CoME, ACoME, and CoCo When Investigating a Death5.1. Subject to the supervision of the CME, the CoME, ACoME, and CoCo shall perform all duties related to medico-legal investigations of death, and provide findings so that the CME or DCME may determine the cause and manner of death and formulate related conclusions as a result.5.2. When the CoME, ACoME, or CoCo investigates a death where the circumstances fall under criminal investigation: 5.2.1. The CoME, ACoME, or CoCo shall perform all duties related to medico-legal death investigation under the direction of the CME, or his or her designee, and also subject to the direction of the county prosecutor and the principal investigative agency of the jurisdiction;5.2.2. When entering a scene of death, the CoME, ACoME, or CoCo shall also be under the direction of any agency responsible for the death scene safety or security including, but not limited to, a police agency or the State Fire Marshal, as described by W. Va. Code; and5.2.3. If any directions given to the CoME, ACoME, or CoCo under subdivisions 5.2.1. or 5.2.2. of this subsection conflict with the provision in subsection 5.1. of this section, the CoME, ACoME, or CoCo shall immediately notify the CME, or his or her designee.5.3. When the CoME, ACoME, or CoCo, in the performance of other medical duties attends a patient to provide treatment or resuscitation and the person dies, the CoME, ACoME, or CoCo upon pronouncement of death, is specifically prohibited from performing his or her duties as a CoME, ACoME, or CoCo to assist in establishing cause and manner of death or formulate related conclusions, opinions, or testimony in judicial proceedings, except by specific exception at the discretion of the CME.