W. Va. Code R. § 64-84-8

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

Section 64-84-8 - Pronouncement, Investigation, and Certification of Deaths

8.1. Pronouncement.

8.1.1. A CoME, ACoME, or CoCo may pronounce death when at least one of the following conditions exists:

8.1.1.a. There is a cessation of resuscitative attempts by medical personnel;

8.1.1.b. Medical personnel elect not to initiate resuscitative efforts;

8.1.1.c. Body changes indicating a prolonged postmortem interval; or

8.1.1.d. The injuries present are incompatible with life.

8.1.2. If the CoME, ACoME, or CoCo is unable to pronounce death due to the absence of conditions set forth in subdivision 8.1.1. of this subsection, he or she shall immediately notify medical rescue personnel.

8.1.3. The CoME, ACoME, or CoCo shall record the date and time of the death pronouncement on a form prescribed by the OCME.

8.2. Investigation.

8.2.1. Upon notification of a death under circumstances as listed in section 6 of this rule, when a body has not been removed from the place of death, the CoME, ACoME, or CoCo shall initiate travel to the place of death within one hour or as soon as possible after notification of the death, when:

8.2.1.a. Natural death cannot be assumed on the basis of initial death investigation findings, as provided by police or rescue personnel at the scene, or by any credible report;

8.2.1.b. The CoME, ACoME, or CoCo considers his or her travel to the death scene for the purpose of performing medico-legal death investigation to be in the public interest; or

8.2.1.c. When requested by the OCME, pursuant to section 11 of this rule.

8.2.2. When there is a criminal investigation of the death, the CoME, ACoME, or CoCo shall obtain authorization from the investigating agency holding jurisdiction, or county prosecutor, before entering the scene of death or before performing any examination of the body while at the scene of death.

8.2.3. When entering a scene of death for the purpose of performing medico-legal death investigation, examining a deceased person at the scene of death, the CoME, ACoME, or CoCo shall:

8.2.3.a. Be accompanied by police or any person representing the investigating agency while at the scene of death, at all times;

8.2.3.b. Examine the body at the scene of death to pronounce death if not already pronounced, identify the deceased, record visible postmortem changes, identify and evaluate circumstances useful to determination of cause, manner, time, and location of a death, request photographic documentation of the scene by law enforcement as deemed appropriate, and document the findings; and

8.2.3.c. Record all details of the examination including the time and date of the examination, the identity and official capacity of the accompanying person present during the examination, and all findings from the examination, on the appropriate form provided by the OCME.

8.2.4. When the CoME, ACoME, or CoCo performs a complete external examination of the body, he or she shall:

8.2.4.a. Conduct an external examination of the body only in a location appropriate to the required confidentiality and dignity to be accorded the decedent, such as a local hospital, funeral home, or other similar facility;

8.2.4.b. Be accompanied by a witness authorized to otherwise be present at the facility, such as a funeral director, a person designated by the funeral director, or hospital staff personnel, at all times when performing the examination; and

8.2.4.c. Record all details of the examination including the date and time of the examination, the identity and official capacity of the witness present during the examination, and all findings from the examination, on the appropriate form provided by the OCME;

8.2.5. When investigating a death under the CME's jurisdiction, the CoME, ACoME, or CoCo shall establish proof of identity of the deceased person.

8.2.6. The OCME, CoME, ACoME, or CoCo may identify the deceased by:

8.2.6.a. A visual examination of the body by a family member or other person at the scene of death who knew the deceased, provided that facial features are sufficiently preserved to reflect the appearance of the deceased in life;

8.2.6.b. By verbal confirmation of visual identification by a family member or other person at the scene of death who knew the deceased, provided that the decedent's facial features or other unique identifying characteristics, such as tattoos, piercings, etc., are sufficiently preserved;

8.2.6.c. Comparing the body with a photographic identification such as a driver's license, provided that facial features are sufficiently preserved to reflect the appearance of the deceased in life. When a driver's license or other photo identification card has been used to verify identification, it, or a duplicate of it, shall be retained in the permanent case file; or

8.2.6.d. Obtaining the assistance of a law enforcement entity with the capacity to digitally capture and compare fingerprints utilizing a remote device to be employed at the death location or location at which the decedent is being inspected.

8.2.7. If a CoME, ACoME, or CoCo cannot identify the deceased by any means as listed in subdivision 8.2.6. of this subsection he or she shall immediately notify the OCME that the decedent is currently unidentifiable.

8.2.8. The CME or his or her designee holding appointment as DCME, in order to identify a decedent, may utilize:

8.2.8.a. Additional visual identification by persons acquainted with the deceased;

8.2.8.b. Dental x-rays or charts;

8.2.8.c. Comparison of postmortem x-rays with ante-mortem radiology imaging;

8.2.8.d. Tattoos, scars, and other unique physical characteristics;

8.2.8.e. Congenital or acquired malformations or anthropomorphic features;

8.2.8.f. Features documented by medical records;

8.2.8.g. Biologic methods of identification or fingerprints;

8.2.8.h. Photography;

8.2.8.i. Personal effects;

8.2.8.j. Circumstances of inclusion or exclusion; and

8.2.8.k. Serialized prosthetics, implants, or medical devices properly recorded in antemortem medical records by the surgeon or medical provider that implanted the prosthetic or medical device.

8.2.9. The OCME and the CoME, ACoME, or CoCo may obtain and review medical records of a person suspected to be deceased for the purposes of identification of a body; or when review of medical records of a deceased person might help determine the cause or manner of death, or answer any material question during an investigation of a death, the CoME, ACoME, or CoCo shall obtain the medical records under the authority of the CME and shall review them for accurate certification of death.

8.2.9.a. Original medical records may not be incorporated into the medical examiner's file.

8.2.9.b. Copies of these records may become part of the medical examiner's file at the discretion of the prosector, and as part of the file, may not be released upon any request or subpoena and shall be maintained in a manner identifying them as non-disclosable except as permitted by W. Va. Code § 61-12-3, et seq.

8.2.9.c. Copies of medical records that are obtained under this rule, when not maintained in the final medical examiner file, at the discretion of the OCME prosector, shall be returned to the original institution or destroyed at the time of case closure.

8.2.10. The OCME shall radiologically or photographically document dentition or other potentially distinguishing morphologic characteristics, obtain copies of potentially useful ante-mortem imaging, and medical records when available, and archive the information at the OCME. If identification of the body is established through these records, they shall become part of the OCME case file.

8.2.11. When human remains cannot be positively identified, the OCME shall:

8.2.11.a. Mark them "Unidentified" and, if possible, designate them by any of the following categories that apply: White, Black, Asian, Native American, Adult, Child, Infant, Male, or Female; and assign a unique identifying number to the decedent to be known as a "Doe Number" that is generated by the OCME and properly recorded as a permanent part of the case file.

8.2.11.b. Ensure the timely submission of required and available characteristics of the unidentified body to the appropriate registrar established by National Crime Information Center and other nationally recognized unidentified person's database(s);

8.2.11.c. Take fingerprints, when possible, and keep them on file;

8.2.11.d. Authorize final disposition of unidentified remains to be embalmed, frozen, interred or otherwise disposed, after completion of the final death certificate, in a manner set forth in the W. Va. Code and the appropriate section(s) of this legislative rule; and

8.2.11.e. The CME or his or her designee is authorized to sign a death certificate bearing the designation "unidentified person" indicating that all applicable methods for establishing identity were attempted by the OCME, were unsuccessful, and without expectation of being able to establish identity of the decedent by any known means in the foreseeable future.

8.3. Certification of Death.

8.3.1. After the CoME, ACoME, or CoCo has identified the deceased person, he or she shall enter the deceased person's name in the appropriate sections of all prescribed OCME forms.

8.3.2. After a CoME, ACoME, or CoCo has identified a deceased person by visual examination at the scene of death, he or she shall document the identification on a form provided by the OCME, affix a toe tag provided by the OCME or other identification tag securely to the body or an article of clothing worn by the decedent placed within the sealed body bag, and if the identification is from a photographic document, submit the photographic document with the investigative report.

8.3.3. If a CoME, ACoME, or CoCo is unavailable to perform medico-legal death investigation, the OCME shall direct investigating law enforcement or rescue or body transport personnel at the death scene to complete and securely affix an identification tag attesting to the identity of the body, in a manner pursuant to this rule.

W. Va. Code R. § 64-84-8