West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-84 - Medical Examiner Requirements for Postmortem Inquiries › Section 64-84-14 - Death Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				OCME shall complete and certify the death certificate in the DAVE system for
				all deaths for which OCME jurisdiction has been established in accordance with
				W. Va. Code §
									61-12-10 and this legislative
				rule. Under exigent or emergency circumstances, a CoME, ACoME, or CoCo may
				complete and certify a paper death certificate utilizing the Cause and Manner
				of death determined subject to the supervision of the CME. Such exigent or
				emergency circumstances shall be approved in advance and with the consultation
				of the Vital Registration Office. Circumstances where a paper death certificate
				is authorized and utilized must follow the requirements outlined within this
				legislative rule according to the following:
14.1.1. Only the CME or his or her designee
				holding appointment as DCME may rule a cause or manner of death as
				undetermined; paper death certificates completed in the field under exigent or
				emergency circumstances do not qualify for an "undetermined" manner of death to
				be assigned;
14.1.2. Regarding a
				death investigated by the OCME, only the CME_or his or her designee holding
				appointment as DCME may list as "pending" the cause or manner of death for an
				otherwise completed death certificate when knowledge of the circumstances of
				death necessary for accurate death certification is lacking, but reasonably
				anticipated, either through further testing or investigation. Paper death
				certificates completed in the field under exigent or emergency circumstances do
				not qualify for a Pending cause or Pending manner to be assigned;
14.1.3. Completion of a death certificate by
				listing a specific cause or manner of death, previously listed as pending, by
				the prosector requires the concurring opinion of the CME or his or her
				designated reviewing DCME, by review of case findings and circumstances,
				documented by submission to the Vital Registration Office of an appropriate
				amendment in the DAVE system, or in exigent or emergency circumstances by
				submission of a paper OCME death certificate completion form bearing the
				signatures of both the prosector and reviewing DCME. Upon receiving the
				information required for accurate death certification, the CME or his or her
				designee holding appointment as DCME shall complete the appropriate electronic
				or paper process to finalize a pending death certificate;
14.1.4. The CME, or his or her designee, with
				the assistance of a CoME, ACoME, or CoCo when needed, shall investigate any
				death where the corresponding death certificate is improperly filled out,
				invalid, or completed in any manner which is unauthorized by State or Federal
				law, and may amend the death certificate in conformity to State and Federal law
				and this rule by following the appropriate electronic or paper process as
				outlined herein;
14.1.5. The CME,
				DCME, or designated forensic pathologist holding appointment as DCME shall make
				all amendments and corrections to already signed and filed death certificates
				using the appropriate electronic or paper process, approved by the State
				Registrar, provided for that purpose;
14.1.6. The CME or DCME may amend any section
				of the death certificate that pertains to the cause, manner, date, or time of
				death of any previously certified death, when the OCME has made an
				investigation into the death, as required under W. Va. Code §
										61-12-8 or under this rule, when
				the amendment will correct an inaccuracy, except where proscribed by W. Va.
				Code and this rule by following the appropriate electronic or paper process;
				and
14.1.7. No human remains which
				have been subject to a forensic postmortem examination pursuant to W. Va. Code
				§
										61-12-8 and §61-12-10 shall
				be considered to be released from legal control of the medical examiner without
				a death certificate that is signed and completed in the DAVE system by the CME
				or his or her designee, or in an exigent or emergency circumstance by the CME
				or his or her designee, CoME, ACoME, or CoCo on a paper death
				certificate.
14.1.8. The prosector
				will complete his or her portion of the death certificate and submit the
				document to the authorized licensed funeral director through the DAVE system or
				on paper in exigent or emergency situations. The State Registrar of Vital
				Statistics is the custodian of the official death certificate. All other
				references to the completion of the death certificate made in this rule apply
				to the prosector, CoME, ACoME, or CoCo portion of the death certificate
				only.