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 64-84-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. 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 §
									61-12-3
et 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.