W. Va. Code R. § 64-84-13 - Authorization for Cremation by OCME, CoME, ACoME, or CoCo
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.
13.2. If
any death certificate item listed in subdivision 13.1.2. of this section is
incomplete, or the cause of death statement is not valid or is incomplete, or
the certification is not lawful, the CoME, ACoME, or CoCo shall refuse
authorization for cremation; any CoME, ACoME, or CoCo refusing cremation
authorization under this rule shall immediately refer the case to the
OCME.
13.3. The CoME, ACoME, CoCo,
or OCME may examine the remains presented for cremation directly, in a timely
fashion, to ascertain that the appearance of the body is consistent with the
cause of death as stated by the death certificate or to confirm the identity of
the deceased.
13.4. When a CoME,
ACoME, CoCo, or the OCME has refused authorization to cremate under this
section, it is unlawful for any person to solicit authorization for the
cremation from any other CoME or CoCo.
13.5. This section applies only to remains of
persons whose deaths have been pronounced within the State of West Virginia or
for remains of persons whose deaths have been pronounced in another state and
does not have a prior authorization for cremation issued by the state or
jurisdiction in which the death occurred.
13.6. The CoME, ACoME, CoCo, or OCME shall
receive a reasonable fee, to be established by the Chief Medical Examiner. This
fee shall be assessed to the requesting funeral agency or crematory for
investigation into the circumstances of any death for the purposes of
authorization for cremation, as described in this rule.
13.7. The OCME, CoME, ACoME, or CoCo shall
document his or her review of the death certificate and certify that there are
no defects or omissions to the death certificate that would require further
investigation into the circumstances of death, or further examination of the
body, by signed authorization of a form provided by the OCME for this purpose.
The original OCME form shall be attached as a part of the death certificate
file in the DAVE system, or in the case of an exigent or emergency situation
requiring paper processing, a copy of the paper form shall be surrendered to
the requesting funeral director or crematory, and the OCME, CoME, ACoME, or
CoCo shall keep one copy for his or her records pursuant to subsection 12.6 of
this rule. In situations where a paper process is utilized, the CoME, ACoME, or
CoCo shall submit a second copy to the OCME.
13.8. The CME or his or her designee may
authorize cremation, on behalf of the OCME. Upon authorization, the requesting
funeral director or crematory shall pay the OCME the current fee as established
for the CoME, ACoME, or CoCo under subsection 13.6. of this section.
Notes
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