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 64-84-17 - Specimens Collected and Tested

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The CME or his or her designee holding
				appointment as DCME:
17.1.1. May collect any
				biologic materials from deceased persons and hold them for the performance of
				toxicologic or other analyses to determine any fact or circumstance relevant to
				a medico-legal death investigation, conforming to restrictions named in W. Va.
				Code §
										61-12-10 and this rule;
17.1.2. Has final authority for disposition
				of the tissues and fluids except when the materials constitute a predominant
				amount of the collected deceased remains, in which case the materials shall be
				considered to constitute the human body, subject to release to the next of kin,
				administrator or executor of the estate where one exists, or to their designee,
				as described further in separate provisions of this rule; and
17.1.3. Shall authorize testing of blood and
				other appropriate specimens collected for both alcohol and drugs by drug
				screening, in conformity with Forensic Toxicology Laboratory Guidelines,
				promulgated by the American Academy of Forensic Sciences or equivalent, and
				pursuant to W. Va. Code §
										61-12-10 and §17C-5B-1.
17.2 Compliance with toxicologic testing to
				Forensic Toxicology Laboratory Guidelines, promulgated by the American Academy
				of Forensic Sciences, 2006, is the responsibility of the Chief Toxicologist,
				under direction of the CME. The OCME:
17.2.1. May collect and hold for study any
				non-biologic materials or personal items taken from a body during a postmortem
				examination to answer any question of forensic significance. The CME or his or
				her designee shall notify in writing the next of kin, administrator or executor
				of the estate of the deceased, or their designee, if items were taken, in
				advance of any anticipated release of custody by the OCME of personal property
				retained. The next of kin, administrator or executor of the estate of the
				deceased, or their designee, must contact the OCME in writing within 30 days of
				receipt of notice to inform the OCME of their intent to receive the personal
				property, or the property may be disposed of at the discretion of the
				OCME;
17.2.2. Shall collect and
				deliver any material or personal items possessing, or thought to possess,
				forensic significance to the law enforcement agency of jurisdiction, recording
				the transfer on specific forms designated by the OCME;
17.2.3. May perform, or cause to have
				performed, any ancillary test or procedure including, but not limited to, X-ray
				or photographic imaging, obtaining fingerprints, anthropological studies,
				neuropathological studies, forensic odontology review, or DNA analysis when the
				procedure or test may render findings of forensic significance; and
17.2.4. May consult, query, or otherwise
				employ any forensic specialist in order to provide ancillary testing, or other
				forensic expertise considered necessary for determination, interpretation, or
				correlation of any fact or circumstance of death thought to have forensic
				significance, except where the forensic specialist:
17.2.4.a. Has resigned previous membership in
				the American Academy of Forensic Sciences or equivalent for a pending
				disciplinary matter;
17.2.4.b. Has
				applied to the American Academy of Forensic Sciences or equivalent for
				provisional membership and has been denied;
17.2.4.c. Has had a previous membership
				revoked by disciplinary action by the American Academy of Forensic Sciences or
				equivalent; or
17.2.4.d. Has had
				his or her professional license restricted or revoked by any licensing
				Board.