reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-12 - Distribution of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
The division and health care professional licensing boards
				  and agencies may distribute this rule to any facility that has a duty under
				  this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-13 - Violations and Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Facilities shall comply with the requirements of the standards adopted under W.
				Va. Code '16-1-18
				and this rule as a condition for licensure, certification, and permission to
				operate.
13.2. The director may
				revoke or suspend a facility=s licence, certificate, or permission to operate
				when the facility fails to comply with this rule and all applicable provisions
				in W. Va. Code '16-36-1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-14 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those person adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests, or privileges shall do so in a manner prescribed in the division of
				  health Rules of Procedure for Contested Case Hearings and Declaratory Rulings,
				  64 CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				rule establishes the Birth Score Program to identify newborn infants at risk
				for postneonatal mortality, debilitating conditions and developmental delays.
				This rule should be read in conjunction with W. Va. Code '16-22B-1
				et seq. The W. Va. Code is available in public libraries and on the
				Legislature=s web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code
				''16-22B-4 and 16-1-4.
1.3. Filing
				Date. -- April 17, 2002.
1.4.
				Effective Date. -- July 1, 2002.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. B This rule applies to any newborn infant born in West Virginia,
				to the health care provider attending the newborn infant at birth, birthing
				hospitals and facilities, the West Virginia University Birth Score Office, and
				primary care providers.
2.2.
				Enforcement. B This rule is enforced by the Commissioner of the Bureau for
				Public Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Birth Score
				Program. B A system established by the Bureau for Public Health and
				administered by the West Virginia University Department of Pediatrics for
				assessing newborn infants shortly after birth.
3.2. Birth Score Developmental Risk Screen. -
				A medical assessment conducted immediately after birth to identify newborn
				infants at greatest risk within the first year of life for postneonatal
				mortality, debilitating conditions, and developmental delays.
3.3. Commissioner. B The Commissioner of the
				Bureau for Public Health or his or her lawful designee.
3.4. Early Discharge. - Birth admissions
				lasting twenty-four (24) hours or less.
3.5. Health Care Facility. - Any licensed
				medical facility that offers birthing services.
3.6. Health Care Provider. B A physician or
				licensed midwife present during or immediately after delivery of the newborn
				infant.
3.7. High Birth Score. - A
				total birth score indicating a newborn infant to be at high risk for post-
				neonatal mortality, debilitating conditions or developmental delays.
3.8. Low Birth Score. - A total birth score
				indicting a newborn infant to be at low risk for post- neonatal mortality,
				debilitating conditions or developmental delays.
3.9. Primary Care Provider (PCP). - A
				physician, physician=s assistant, nurse, nurse practitioner or other licensed
				medical professional responsible for the infant=s health services after
				discharge from the health care facility.
3.10. Total Birth Score. - The sum of the
				numerical scores of the criteria on the Birth Score Developmental Risk
				Screen.
3.11. Well Child Visits. -
				A comprehensive preventive evaluation of an infant=s health status to assure
				the child is meeting physical and developmental milestones according to current
				national American Academy of Pediatrics standards.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-4 - Purpose and Goals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Birth
				Score Program shall identify newborn infants at greatest risk for:
4.1.a. Death between one (1) month and one
				(1) year of age;
4.1.b.
				Debilitating conditions; and
4.1.c.
				Developmental delays.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-5 - Protocol, Reporting and Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The health care provider shall, except
				when the parent or guardian objects on grounds of religious belief, determine
				the total birth score on every newborn shortly after delivery when the birth
				occurs in a hospital or other licensed health facility. If the birth occurs at
				a nonlicensed facility, the infant=s primary physician shall determine the
				birth score within ten (10) days after birth.
5.2. The health care provider or the infant=s
				primary physician shall record or cause to be recorded in the newborn infant=s
				medical record and on the Birth Score Developmental Risk Screen, the newborn
				infant=s total birth score.
5.3.
				When a health care provider or the infant=s primary physician determines a
				total birth score on an infant, they shall:
5.3.a. Inform the parents or guardians of the
				birth score findings upon completion of the scoring; and
5.3.b. Provide the parents or guardian with a
				copy of the Birth Score Developmental Risk Screen.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-6 - Program Monitoring

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Bureau for Public Health shall:
6.1.a. For
				each health care facility, keep on file at the Office of Maternal, Child and
				Family Health a written copy of the procedures that apply to the Birth Score,
				the Developmental Risk and the Newborn Hearing Screening programs, and the
				policies regarding early discharge; and
6.1.b. Monitor compliance with the Birth
				Score Program, taking into account early discharge trends, and shall take
				corrective action in accordance with the policies and procedures already
				established in the health care facilities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-7 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person who
				obtains confidential information while implementing W. Va. Code '16-22B-1
				et seq. and this rule may disclose it only to reporting sources, persons
				demonstrating a need essential to health related research or care of the
				newborn infant, or as required by law.
7.2. Any person who obtains confidential
				information while implementing W. Va. Code '16-22B-1
				et seq. and this rule shall provide a written statement of confidentiality
				stating that he or she fully understands the privacy of the information and
				shall maintain it.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person who
				violates the provisions of W. Va. Code '16-22B-1
				et seq. or this rule is subject to the penalties provided in W. Va. Code
				'16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-83 - Birth Score Program › Section 64-83-9 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Those
				persons aggrieved by the enforcement of this rule may make a written request
				for a contested case hearing in accordance with the Division of Health rule, A
				Rules of Procedure for Contested Case Hearing and Declaratory Rulings,@
				64CSR1.
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 64-84-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule regulates the conduct of medico-legal investigation into the cause of
				death; sets procedures for postmortem examination of deceased persons and the
				examination of substances collected as part of that process, to determine the
				cause and manner of death; sets forth requirements for the training and
				certification of county medical examiners and coroners; and allows fees to be
				assessed for services provided to certain private parties by the Office of the
				Chief Medical Examiner (OCME). This rule should be read in conjunction with W.
				Va. Code §
									61-12-3
et seq.
,
				§16-19-1
et seq.
and §18B-4-8.
1.2. Authority. -- W. Va. Code §
									61-12-3 and
				§61-12-16.
1.3. Filing Date.
				-- March 28, 2024.
1.4. Effective
				Date. -- March 28, 2024.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect on August 1, 2029.
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 64-84-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule applies to the OCME, county
				medical examiners (CoME), and county coroners (CoCo).
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 64-84-4 - Training, Certification, and Standards of Practice of CoME and CoCo

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A CoME:
4.1.1. Shall be trained and certified in the
				practice of medico-legal death investigation prior to his or her appointment;
4.1.1.a. In order to qualify a person shall
				complete and pass a course of medico-legal death investigation training
				accredited by the ABMDI or equivalent which shall include an examination of
				competency;
4.1.1.b. Any person who
				holds a prior CoME appointment which has expired may recertify by successful
				completion of the examination for certification within one year of the
				expiration;
4.1.1.c. A person who
				fails the examination for certification shall complete a second accredited
				training program that satisfies the requirements of this subdivision before
				taking the examination again;
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 64-84-5 - Authority of the CoME, ACoME, and CoCo When Investigating a Death

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. 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; and
5.2.3. 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.
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 64-84-6 - Death Circumstances That Require Medico-legal Death Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The CoME,
				ACoME, and CoCo, under authority and supervision of the OCME, shall investigate
				the circumstances of a death when:
6.1.1. A
				person dies without benefit of having a pre-existing patient relationship to a
				treating physician, also referred to as an "unattended death" in W. Va. Code
				§
										61-12-8;
6.1.2. A person who is in apparent good
				health and dies suddenly when there is no history or other reliable evidence of
				serious natural disease, or other circumstance, so as to be able to reasonably
				assume death due to natural causes;
6.1.3. Any death of an inmate in a public
				institution such as a jail dies while in the institution, or while in police
				custody, during police intervention, during court-ordered hospitalization, or
				when the death is believed to be due to, or in association with, failure to
				receive code mandated public services provided by county, state, or federal
				social service agencies;
6.1.4. A
				person dies due to, or in association with, environmental conditions suspected
				to pose a hazard to public health or safety;
6.1.5. A person dies due to, or in
				association with, violence, suspected violence, or by any suspected external
				cause, regardless of the interval between the injury and death; or
6.1.6. A person dies under any suspicious
				conditions, or in any unusual or unnatural manner.
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 64-84-7 - Responsibilities of the CoME, ACoME, and CoCo

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The CoME, ACoME, or CoCo shall be
				available at all scheduled times to perform the duties and responsibilities
				outlined in this rule and in accordance with the standards of practice as set
				forth in the 2007 Edition of the West Virginia Handbook for the Performance of
				Death Investigation and Certification, pursuant to W. Va. Code §61-12-
				7(b) and §61-12-14, except where he or she notifies the OCME otherwise in
				a timely fashion.
7.2. When a CoME,
				ACoME, or CoCo is notified that a death has occurred, he or she:
7.2.1. May decline to take charge of the
				body, after initial investigation of the circumstances of death and
				consultation with the CME or his or her designee;
7.2.2. May take charge of the body and all
				personal effects and objects that lie close to the body and may be useful in
				determining the cause or manner of death after consultation with the CME or his
				or her designee; and
7.2.3. May go
				to where the body lies at the time of notification or may authorize removal of
				the body after consultation with the CME or his or her designee and pursuant to
				the guidelines established in the 2007 Edition of the West Virginia Handbook
				for the Performance of Death Investigation and Certification to an appropriate
				place for pronouncement, viewing, and certification of
				death.
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 64-84-8 - Pronouncement, Investigation, and Certification of Deaths

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
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 64-84-9 - Obtaining Blood, Body Fluids, and Tissue Material for Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A CoME, ACoME,
				or CoCo in providing assistance with determining cause and manner of death, and
				when responsible for examination of a body, shall obtain peripheral blood by
				percutaneous route and urine and vitreous fluid samples, if available, from the
				deceased person.
9.2. The CoME,
				ACoME, or CoCo shall collect other fluid and tissue from the body of the
				decedent only upon specific instruction from the CME or his or her designee, a
				DCME:
9.2.1. Shall obtain body fluid samples
				obtained during hospitalization, and submit them for toxicologic
				analysis;
9.2.2. Shall document
				collection of body fluid samples obtained during hospitalization on the
				appropriate OCME form, and shall ensure that the samples are properly labeled
				and delivered to the OCME in a timely and secure fashion;
9.2.3. Shall obtain tissue specimens for
				examination, only when specifically directed to do so by the OCME;
9.2.4. Shall use sample containers provided
				by the OCME which are properly and clearly marked;
9.2.5. Shall seal the sample containers
				securely;
9.2.6. Shall complete and
				attach the appropriate forms provided by the OCME;
9.2.7. Shall deliver the sample containers
				and the forms to the OCME in person, by mail, or by a bonded carrier or by any
				courier authorized by the OCME, within 24 hours of specimen
				collection;
9.2.8. Shall handle all
				biologic materials or any item possibly soiled with biologic materials in a
				manner consistent with strict infectious disease precautions;
9.2.9. Shall not withdraw blood or other body
				tissues or fluids when it is determined that transport of the body to the OCME
				for further postmortem examination is necessary; and
9.2.10. Shall notify the OCME immediately if
				unable to withdraw sufficient volume of peripheral blood sample as outlined in
				the 2007 edition of the West Virginia Handbook for Performance of Death
				Investigation and Certification.
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 64-84-10 - Transport of the Body

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				CoME, ACoME, or CoCo shall obtain telephone authorization from the OCME
				Forensic Investigations Unit (FIU) to arrange for removal of the body to an
				appropriate place for complete external examination and subsequent
				certification of death.
10.2. The
				CoME, ACoME, or CoCo shall arrange for transport of the deceased from the place
				of death to a funeral home or local hospital morgue under the provisions of
				this section, for the purpose of performing further examination of the body,
				according to the following requirements:
10.2.1. The body shall be transported in a
				timely manner and under appropriate and reasonable conditions;
10.2.2. The body shall be enclosed in a
				clean, moisture-impervious body bag;
10.2.3. The identity of the body shall be
				documented by form provided by the OCME affixed securely to the body and the
				corresponding case number labeled securely on the body bag;
10.2.4. Transportation of remains shall be by
				an approved transportation company as outlined in subsection 10.4. of this
				section, using a funeral or ambulance vehicle, or other conveyance as
				authorized by the OCME; and
10.2.5.
				The OCME investigation report and any other records obtained by the CoME,
				ACoME, or CoCo detailing the findings from the examination at the scene of
				death shall accompany the body or shall be delivered to the OCME in a secure
				and timely fashion so as to be available to the prosector prior to performing
				the autopsy.
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 64-84-11 - Circumstances Requiring Immediate Consultation with the OCME

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Immediately following initial
				notification of a death, the CoME, ACoME, or CoCo shall notify the OCME by
				telephone prior to performing any medico-legal death investigation.
11.2. Immediate notification is also required
				when a CoME, ACoME, or CoCo is in receipt, at any point in an investigation, of
				a request from any investigating agency or other authority that the CoME,
				ACoME, or CoCo perceives may, in any way, constitute a violation of W. Va. Code
				§
									61-12-3
et seq.
,
				or any provisions of this rule.
11.3. Immediate notification to the OCME is
				also required under the following determined death circumstances:
11.3.1. Homicides or deaths reported as
				suspicious for homicide;
11.3.2.
				Deaths of children younger than 18 years old, except those due to a car
				accident or when expected, due to known disease;
11.3.3. Multiple fatality events that cause
				three or more deaths;
11.3.4.
				Deaths occurring during incarceration, or associated with police action or
				intervention;
11.3.5. Fire-related
				deaths;
11.3.6. Deaths associated
				with a prolonged postmortem interval involving decomposed or skeletonized
				bodies;
11.3.7. Where remains are
				not able to be identified;
11.3.8.
				Cases that are likely to be declined medico-legal jurisdiction; or
11.3.9. When authorization for cremation
				requested of a CoME, ACoME, or CoCo, as described further in this rule, shall
				be refused, pending further investigation.
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 64-84-12 - Documentation of Findings Obtained by Medico-legal Death Investigation by the CoME, ACoME, or CoCo

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The CoME,
				ACoME, or CoCo who investigates the circumstances of a death shall record
				findings by using OCME reporting forms.
12.2. In cases of declined medical examiner
				jurisdiction, the CoME, ACoME, or CoCo shall record findings of initial
				investigation and the status of declined jurisdiction using OCME forms and
				submit the original forms to the OCME within seven business days of death
				notification.
12.3. The CoME,
				ACoME, or CoCo shall complete all pertinent OCME investigative forms as fully
				as possible, using currently available information.
12.4. If a death requires examination at the
				OCME, the CoME, ACoME, or CoCo shall submit a copy of the appropriate
				investigative reporting form with the case or deliver it to the OCME in a
				secure and timely fashion, so as to be available prior to the autopsy. If a
				facsimile of the investigation report is initially submitted to the OCME, the
				CoME, ACoME, or CoCo shall ensure that the original copy of the investigation
				report is provided to the OCME within seven business days of the death
				notification; and
12.5. In exigent
				or emergency situations where the Electronic Death Reporting System (DAVE) is
				unavailable for an extended period of time and the death is certified by the
				CoME, ACoME, or CoCo, he or she shall submit the original copy of the completed
				investigative report, and the completed W. Va. death certificate, in accordance
				with W. Va. Code §
									16-5-1,
et seq.
or a photocopy of the completed death certificate to the OCME within seven
				business days of the death. Upon receipt at the OCME of the completed original
				OCME investigation form and death certificate, and, if applicable, the
				corresponding toxicology fluid samples, the CoME, ACoME, or CoCo shall be paid
				a reasonable fee, as established by the CME.
12.6. In all cases, the CoME, ACoME, or CoCo
				shall retain a copy of the OCME investigation report in files kept for that
				purpose. Upon receipt of payment, these records shall be destroyed as indicated
				in subdivision 12.6.1. of this subsection.
12.6.1. All obsolete records or third-party
				records obtained for the purposes of the medico-legal death investigation shall
				be destroyed.
12.6.2. All OCME
				records in custody of the CoME, ACoME, or CoCo shall be maintained in
				accordance with confidentiality, security, and other conditions and
				restrictions regarding custody and release in this rule and shall be promptly
				conveyed to OCME upon their request.
12.6.3. At the expiration of the term of
				service, termination, or resignation of any CoME, ACoME, or CoCo all records
				shall be returned to OCME.
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 64-84-13 - Authorization for Cremation by OCME, CoME, ACoME, or CoCo

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All requests to cremate a decedent,
				where the death was pronounced in West Virginia or the cremation will be
				physically executed within the state and another state or jurisdiction has not
				issued an authorization to cremate, must be authorized by the OCME, or by the
				CoME, ACoME, or CoCo, in the DAVE system except when a decedent has donated his
				or her body to science as set forth in W. Va. Code §
									61-12-9 and in such instance no
				request to cremate is required to be requested. Before authorizing the
				cremation of human remains, the OCME,CoME, ACoME, or CoCo shall:
13.1.1. Review the completed death
				certificate in the DAVE system or a photocopy or facsimile copy of it provided
				by the funeral director or crematorium in an exigent or emergency
				situation;
13.1.2. Ascertain that
				West Virginia death certificate items as set forth in this subdivision are
				fully and correctly completed as follows:
13.1.2.a. The OCME, CoME, ACoME, or CoCo
				shall ensure that the name of the deceased is entered correctly;
13.1.2.b. Items referring to the "date of
				death," "time of death," "date pronounced," "cause," and "manner of death"
				sections are fully completed, and a specific and competent cause of death and
				appropriate manner of death are listed. Only a medical examiner may determine a
				manner that is anything other than natural. As such, any death certificate with
				a manner designated other than natural must be certified by a medical examiner.
				If certified by any other provider, the death must be immediately referred to
				the OCME for review;
13.1.2.c.
				Appropriate referral of the death to the "medical examiner/coroner" has been
				made in cases whose death circumstances fall under section 6 of this rule, by
				notation in the "was case referred to the medical examiner/coroner" location on
				the death certificate; and
13.1.2.d. The portions of the death
				certificate identifying the title and name of the "certifier," his or her
				signature, and the "date signed" are completely and correctly filled
				out.
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 64-84-15 - Completion of Death Certificates by the CoME, ACoME, and CoCo

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. When the
				CoME, ACoME, or CoCo completes the paper death certificate in exigent or
				emergency situations, it means that an investigation into the circumstances of
				the death and, when applicable, performance of a complete external examination
				of the body have been performed, and that the CoME, ACoME, or CoCo:
15.1.1. Has established the identity of the
				deceased;
15.1.2. Has reasonably
				identified the place of death, and place of injury, if applicable;
15.1.3. Has consulted the CME or his or her
				designee and received directions regarding how to list the cause and manner of
				death on the associated paper death certificate; and
15.1.4. Has reasonably established the time
				and date of death, and the underlying injury subject to the supervision of the
				CME, if applicable.
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 64-84-16 - Performance of the Forensic Autopsy

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The CME or his or her designee holding
				appointment as DCME, may allow an autopsy to be performed in the case of deaths
				occurring under circumstances when an examination is considered necessary to:
16.1.1. Establish a cause or manner of
				death;
16.1.2. Establish or confirm
				identification of the deceased;
16.1.3. Identify, recover, and preserve
				forensic evidence;
16.1.4. Obtain
				required samples for toxicologic, microscopic, or other analysis, for purposes
				described in this section;
16.1.5.
				Discover or provide interpretation and correlation of facts and circumstances
				of the death related to public health or safety;
16.1.6. Provide a report of death
				investigation, postmortem examination, and toxicology test findings for law
				enforcement;
16.1.7. Answer any
				other material questions that might apply to the death, that pertain to the
				public health or safety; or to any anticipated criminal
				prosecution;
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 64-84-18 - Release of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Autopsy and investigation findings, results of ancillary studies performed by
				or at the request of the OCME, and all case file documents created by the
				process of death investigation by this office are confidential records and
				information, disclosed only as specified under W. Va. Code §
									61-12-8, §61-12-10,
				§61-12-13, and §
									61-12A-3. The OCME does not create
				nor release any preliminary reports. Release of information may only be
				accomplished upon closure of the case. In the case of deaths investigated by
				the OCME, medical, corrective, other therapeutic, investigative, and
				incarceration records of the deceased obtained at OCME's request pursuant to W.
				Va. Code §
									61-12-8, are confidential and are
				not releasable by the medical examiner upon any request or subpoena.
18.2. With the exception of any medical,
				corrective, or other therapeutic, investigative, and incarceration records of
				the deceased obtained by the investigation at OCME's request pursuant to W.Va.
				Code §
									61-12-8 the OCME shall release
				records and information obtained by the OCME investigation to the next of kin,
				the executor or administrator of the estate, or to any designee specified by
				the next of kin or executor or administrator of the estate, upon their written
				request, except when the circumstances of death are the subject of a criminal
				investigation or criminal proceeding, in which case the same records and
				information pertaining to the investigation into the death by the OCME shall be
				released only to the principal investigating agency, the prosecuting attorney
				holding jurisdiction for the death, or to their designee unless the release is
				authorized by order of the court of record having criminal
				jurisdiction.
18.3. At the
				direction of the Commissioner, the CME may release autopsy or toxicology
				reports to governmental agencies when the CME or OCME Chief Administrator finds
				it to be in the public interest, except when the circumstances of death are the
				subject of a criminal investigation or criminal proceeding in accordance with
				W. Va. Code §
									61-12-10.
18.4. The Chief Administrator of the OCME is
				the designated records custodian of the OCME, and as such, has the
				responsibility for the review, approval and fulfillment, or denial of requests
				for release of information. These responsibilities are carried out in
				consultation with bureau, department, and state level legal counsel whenever
				necessary.
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 64-84-19 - Autopsy Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The
				autopsy report shall comprise the document titled "Report of Death
				Investigation and Post-mortem Examination Findings," together with all reports
				of ancillary tests requested by the prosector. The autopsy report shall include
				at least the following items:
19.1.1. The name
				of the deceased and the method of identification;
19.1.2. The condition of the body as
				received, including the state of preservation of the body and the development
				of postmortem changes; the deceased's clothing as well as its condition and
				significant defects;
19.1.3. Body
				development, and the height and weight of the deceased;
19.1.4. A description of body surface
				features, such as scars and tattoos;
19.1.5. A description of medical treatment
				and any postmortem organ or tissue donation, and associated effects;
19.1.6. A report of injury and manifestations
				thereof;
19.1.7. A report of
				findings on internal examination (if performed), including organ weight, if
				possible, and appearance, and any abnormalities present, including natural
				disease, malformation or injury, and their effects;
19.1.8. A report of the microscopic
				examination, if performed;
19.1.9.
				A list of retained materials taken from the body during autopsy;
19.1.10. A list of other ancillary studies
				performed during, or as part of the autopsy, such as toxicology; photography,
				including, but not limited to photography of identifying features or
				significant injuries; or X-ray imaging, and their results;
19.1.11. A statement of determination of the
				cause and manner of death based on autopsy findings, review of pertinent
				medical and investigative records, and investigation findings, noting both
				areas of correlation and conflict of autopsy findings with reported
				circumstances of death; and
19.1.12. The date, place, and time of the
				autopsy; the identity of the prosector; his or her signature, and the date he
				or she signed it.
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 64-84-21 - Release of Biological Materials from OCME Custody

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The OCME shall release biological
				materials, including tissues and body fluids, only to a certified and
				accredited laboratory upon a written request that is accompanied by a signed
				authorization from:
21.1.1. The next of kin,
				the executor or administrator of the estate, or any designee specified by the
				next of kin or executor or administrator of the estate;
21.1.2. The county health officer, public
				health laboratory, or the Commissioner/State Health Officer;
21.1.3. Parties in litigation before a court
				of record to whom the cause of death is a material issue; or
21.1.4. Court order from a court of competent
				jurisdiction in a civil or family law matter.
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 64-84-22 - Retention of Biological Samples

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. The OCME shall retain and archive:
22.1.1. Solid tissue and body fluid samples
				taken at autopsy for at least one year, and then may retain them or dispose of
				them at the OCME's discretion, except:
22.1.1.a. All solid tissue and body fluid
				specimens associated with homicide cases shall be retained for at least five
				years, after which the OCME may appropriately dispose of the specimens, except
				when retention is requested by the court of jurisdiction; and
22.1.1.b. Specimens may be archived for
				specified additional periods of time by request of the CME or
				DCME;
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 64-84-23 - Maintenance of Case Files

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
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 64-84-24 - Fee Paid to CoME, ACoME, and CoCo by the OCME for Performance of Duties Described By This Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Pursuant
				to W. Va. Code §
									61-12-7 and §61-12-8(c), and
				this rule, the OCME shall pay a reasonable fee, established by the CME, and
				published by the OCME Chief Administrator, to the CoME, ACoME, or CoCo for
				performance of all duties described by this rule, except as further described
				in subsection 13.6. of this rule.
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 64-84-25 - Fees for OCME Facility Use

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				The OCME shall charge a reasonable fee to non-governmental entities approved to
				use the OCME facility, at the discretion of the CME or OCME Chief
				Administrator, to cover:
25.1.1. The cost to
				use the facility; and
25.1.2. The
				regular rate of pay for the staff supervisor required to be present while the
				facility is in use or the overtime rate of pay for the staff supervisor
				required to be present if the facility is in use after the OCME's usual
				business hours, as well as additional personnel work time otherwise needed to
				allow non-OCME facility use.
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 64-84-26 - Charging Certain Fees for Providing Testimony or Production of Opinions

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Under
				authority of W. Va. Code §
									16-1-11 and this rule, the OCME
				shall charge reasonable fees for the provision of testimony or for production
				of opinions provided by OCME employees, arising from his or her professional
				OCME-related activities, and for other enumerated services performed by the
				OCME as follows:
26.1.1. Providing testimony
				or production of opinions in a civil matter, when neither the State of West
				Virginia nor any public entity created under the laws of the State of West
				Virginia, is a party;
26.1.2.
				Providing testimony or production of opinions for a criminal proceeding arising
				outside the State of West Virginia;
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 64-84-27 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Those
				persons adversely affected by the enforcement of this rule may request a
				contested case hearing in accordance with the Rules and Procedures for
				Contested Case Hearings and Declaratory Rulings, 64CSR1.
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 64-84-28 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. The
				provisions of this rule are subject to enforcement in accordance with W. Va.
				Code §
									16-1-17, §16-1-18, and other
				applicable code sections.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-85 - Alzheimer's/Dementia Special Care Units And Programs › Section 64-85-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule prescribes specific standards and procedures to provide for
				the health, safety, and protection of the rights and dignity of individuals
				served by alzheimer's/dementia special care units and programs. This rule shall
				be read in conjunction with W. Va. Code §
									16-5R-1 et
				seq. The W. Va. Code is available in public libraries and on the Legislature's
				web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va.. Code §§
									16-1-4 and
				16-5R-5(a).
1.3. Filing Date. --
				April 12, 2006.
1.4. Effective
				Date. -- May 1, 2006.
1.5.
				Applicability. -- This rule applies to facilities which advertise, market or
				otherwise promote the facility as providing special care units or programs for
				persons who have alzheimer's disease or a related dementia.
1.6. Enforcement. -- This rule is enforced by
				the secretary of the West Virginia department of health and human resources or
				his or her lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-85 - Alzheimer's/Dementia Special Care Units And Programs › Section 64-85-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Activities of
				daily living -- The activities that individuals generally perform regularly in
				the course of maintaining their physical selves, such as eating, dressing, oral
				hygiene, toileting, personal grooming, and moving themselves from one location
				to another, as for example, in moving from a bed to a chair, or from one (1)
				room to another.
2.2. Advertise. --
				To make publicly and generally known, usually by printed notice or
				broadcast.
2.3.
				Alzheimer's/Dementia Special Care Units and Programs
2.3.a. Alzheimer's/Dementia Special Care
				Programs. -- Any licensed facility, as defined in this rule, that provides
				specialized services, for a specified number of hours, for residents with a
				diagnosis of alzheimer's disease or a related dementia; and that advertises,
				markets, or otherwise promotes the facility as providing specialized
				alzheimer's/dementia care services.
2.3.b. Alzheimer's/Dementia Special Care
				Units. -- Any licensed facility, as defined in this rule, that provides
				specialized services, twenty-four (24) hours per day, in a specialized unit in
				the facility, for residents with a diagnosis of alzheimer's disease or related
				dementia; and that advertises, markets, or otherwise promotes the facility as
				providing a specialized unit for residents requiring alzheimer's/dementia care
				services.