Bill Text: WV HB4584 | 2022 | Regular Session | Introduced
Bill Title: To update of the authority of the Office of the Chief Medical Examiner
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2022-02-10 - To House Judiciary [HB4584 Detail]
Download: West_Virginia-2022-HB4584-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4584
By Delegates Rohrbach, D. Jeffries, Summers, Pack, Reed, Worrell, Bates, Rowan, Barnhart, Tully, and Miller
[Introduced February 08, 2022; Referred to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend and reenact §61-12-3, §61-12-4, §61-12-5, §61-12-6, §61-12-7, §61-12-10, §61-12-10a, §61-12-11, §61-12-12, §61-12-13, §61-12-14 and §61-12-15 of the Code of West Virginia, 1931, as amended, all relating to Office of the Chief Medical Examiner and the disposition of unidentified and unclaimed remains; authorizing the Office of the Chief Medical Examiner to locate lands suitable for use as a cemetery; authorizing the Office of the Chief Medical Examiner to determine the appropriate length of time a decedent may be kept prior to burial or cremation; establishing burial for certain conditions; establishing cremation of certain conditions; authorizing the Chief Medical Officer or a designee to return a decedent’s remains to next of kin and remove a decedent from the cemetery; and prohibiting any cause of action against the Office of the Medical Examiner.
Be it enacted by the Legislature of West Virginia:
ARTICLE 12. POSTMORTEM EXAMINATIONS.
§61-12-3. Office of chief medical examiner established; appointment, duties, etc., of chief medical examiner; assistants and employees; promulgation of rules.
(a) The Office of Chief
Medical Examiner is hereby established continued within the division
of health Bureau for Public Health in the Department of Health and
Human Resources. The office shall be directed by a chief medical examiner, who
may employ pathologists, toxicologists, other forensic specialists, laboratory
technicians, and other staff members, as needed to fulfill the responsibilities
set forth in this article.
(b) All persons employed by
the chief medical examiner shall be responsible to him or her and may be
discharged for any reasonable cause. The chief medical examiner shall specify
the qualifications required for each position in the Office of Chief Medical Examiner.
and each position shall be subject to rules prescribed by the secretary of
the Department of Health and Human Resources
(c) The chief medical
examiner shall be 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, and who has experience in forensic
medicine. The chief medical examiner shall be appointed by the director of
the division of health Commissioner for the Bureau for Public Health
to serve a five-year term unless sooner removed, but only for cause, by the
Governor or by the director commissioner.
(d) The chief medical
examiner shall be responsible to the director of the division of health commissioner
in all matters except that the chief medical examiner shall operate with
independent authority for the purposes of:
(1) The performance of death investigations conducted pursuant to section eight of this article;
(2) The establishment of cause and manner of death; and
(3) The formulation of conclusions, opinions or testimony in judicial proceedings.
(e) The chief medical examiner, or his or her designee, shall be available at all times for consultation as necessary for carrying out the functions of the Office of the Chief Medical Examiner.
(f) The Secretary of the
Department of Health and Human Resources is hereby directed to shall
propose legislative rules in accordance with the provisions of §29-3-1 et
seq. of this code concerning:
(1) The proper conduct of medical examinations into the cause of death;
(2) The proper methods and procedures for postmortem inquiries conducted by county medical examiners and coroners;
(3) The examination of substances taken from human remains in order to determine the cause and manner of death; and
(4) The training and certification of county medical examiners and coroners.
(g) The chief medical
examiner is authorized to may prescribe specific forms for record
books and official papers which are necessary to the functions and
responsibilities of the office of the chief medical examiner.
(h) The chief medical
examiner, or his or her designee, is authorized to may order and
conduct an autopsy in accordance with the provisions of this article and this
code. The chief medical examiner, or his or her designee, shall perform an
autopsy upon the lawful request of any person authorized by the provisions of
this code to request the performance of the autopsy.
(i) The salary of the chief
medical examiner and the salaries of all assistants and employees of the Office
of the Chief Medical Examiner shall be fixed by the Legislature from funds
appropriated for that purpose. The chief medical examiner shall take an oath and
provide a bond as required by law. Within the discretion of the director
of the division of health The chief medical examiner and his or her
assistants shall may lecture or instruct in the field of legal
medicine and other related subjects to the West Virginia University or Marshall
University School of Medicine, the West Virginia School of Osteopathic Medicine,
the West Virginia State Police, other law-enforcement agencies and other
interested groups.
§61-12-4. Central office and laboratory.
(a) The Office of the Chief Medical Examiner shall establish and maintain a central office and a laboratory having adequate professional and technical personnel and medical and scientific facilities for the performance of the duties imposed by this article. In order to secure facilities sufficient to meet the duties imposed by the provisions of this code, the chief medical examiner is authorized to enter into agreements, subject to the approval of the director of the division of health, with other state agencies or departments, with public or private colleges or universities, schools of medicine or hospitals for the use of laboratories, personnel, equipment and other fixtures, facilities or services.
(b) Before January 1, 2025, the Office of the Chief Medical Examiner shall move its central office and laboratory from its current location to a location which complies with national standards.
§61-12-5. Certain salaries and expenses paid by state.
The salaries of the chief medical examiner, the salaries of all assistants and employees employed in the central office and laboratory, the expenses of maintaining the central office and laboratory and the cost of pathological, bacteriological and toxicological services rendered by persons other than the chief medical examiner and his or her assistants shall be paid by the state out of funds appropriated for that purpose.
§61-12-6. Chief medical examiner may obtain additional services and facilities.
Subject to the approval
of the director of the division of health
The chief medical examiner may in order to provide for the investigation of
the cause of death as authorized in this article employ and pay qualified
pathologists and toxicologists to make autopsies and such pathological and
chemical studies and investigations as he or she considers necessary. in
the several counties or regions of the state and he or she may arrange for the
use of existing laboratory facilities for such purposes Qualified
pathologists shall hold board certification or board eligibility in forensic
pathology or have completed an American Board of Pathology fellowship in
forensic pathology.
§61-12-7. Medical examiners.
(a) The chief medical
examiner shall appoint for each county in the state a county medical examiner
to serve for a term of three years under the supervision of the chief medical
examiner. A county medical examiner shall be medically trained and licensed by
the State of West Virginia as a physician, registered nurse, paramedic,
emergency medical technician or a physician assistant, be certified in the
practice of medicolegal death investigation. and be of good moral character.
County medical examiners are authorized to establish the fact of death, and to
make investigations into all deaths in their respective counties that come
within the provisions of §61-2-8 and §61-2-10 of this code and shall in
timely fashion record findings of an investigation using forms prescribed by
the chief medical examiner. A county medical examiner may be removed from
office for cause at any time by the chief medical examiner. Any vacancy in the
office of county medical examiner shall be filled by the chief medical
examiner. One person may be appointed to serve as county medical examiner for
more than one county, and a county medical examiner need not be a resident of
the county which he or she serves. If the chief medical examiner determines
that it is necessary, he or she may appoint any person medically trained and licensed
by the State of West Virginia as a physician, registered nurse, paramedic,
emergency medical technician or a physician assistant and of good moral
character to act as an assistant county medical examiner for a term of
three years. An assistant shall have the same powers and duties as a county
medical examiner and shall perform his or her duties under the supervision of
the chief medical examiner.
(b) A county medical examiner or his or her assistant county medical examiner shall, at all times, be available to perform the duties required under this article. He or she or she shall, additionally, be paid a fee, as determined by the chief medical examiner, but only for the actual performance of his or her duties.
(c) County medical examiners and assistant county medical examiners are authorized to determine the cause and manner of death in any case falling within the provisions of section eight of this article, subject to the supervision of the chief medical examiner, and may exercise any of the powers attendant to the investigation of deaths.
§61-12-10. When autopsies made and by whom performed; records of date investigated; copies of records and information; reporting requirements.
(a) If in the opinion of the chief medical examiner, or of the county medical examiner of the county in which the death in question occurred, it is advisable and in the public interest that an autopsy be made, or if an autopsy is requested by either the prosecuting attorney or the judge of the circuit court or other court of record having criminal jurisdiction in that county, an autopsy shall be conducted by the chief medical examiner or his or her designee, by a member of his or her staff, or by a competent pathologist designated and employed by the chief medical examiner under the provisions of this article. For this purpose, the chief medical examiner may employ any county medical examiner who is a pathologist who holds board certification or board eligibility in forensic pathology or has completed an American Board of Pathology fellowship in forensic pathology to make the autopsies, and the fees to be paid for autopsies under this section shall be in addition to the fee provided for investigations pursuant to §61-12-8 of this code. A full record and report of the findings developed by the autopsy shall be filed with the office of the chief medical examiner by the person making the autopsy.
(b) Within the discretion of the chief medical examiner, or of the person making the autopsy, or if requested by the prosecuting attorney of the county, or of the county where any injury contributing to or causing the death was sustained, a copy of the report of the autopsy shall be furnished to the prosecuting attorney.
(c) The Office of the Chief Medical Examiner shall keep full, complete and properly indexed records of all deaths investigated, containing all relevant information concerning the death and the autopsy report if an autopsy report is made. Any prosecuting attorney or law-enforcement officer may secure copies of these records or information necessary for the performance of his or her official duties.
(d) Copies of these records or information shall be furnished, upon request, to any court of law, or to the parties therein to whom the cause of death is a material issue, except where the court determines that interests in a civil matter conflict with the interests in a criminal proceeding, in which case the interests in the criminal proceeding shall take precedence. The Office of Chief Medical Examiner shall be reimbursed a reasonable rate by the requesting party for costs incurred in the production of records under this subsection, and subsection (c), (f) and (g) of this section.
(e) The chief medical
examiner is authorized to may release investigation records and
autopsy reports to the multidisciplinary team authorized by §49-4-402 of
this code and as authorized in subsection (j) of this section. At the
direction of the Secretary of the Department of Health and Human Resources The
chief medical examiner may release records and information to other state
agencies when considered to be in the public interest.
(f) The chief medical
examiner is authorized to may release a copy of the autopsy and
toxicology reports upon the request from a designated representative of a
hospital as defined in §16-2D-2 of this code, to said facility who has reported
a death under the provisions of §61-12-8 of this code for purposes of
quality review and medical record completion.
(g) The chief medical
examiner is authorized to may release a copy of the autopsy and
toxicology reports upon the request of an attending physician as defined in
§16-30C-3 of this code, to said physician whose patient has died for purposes
of quality review and medical record completion.
(h) Any person performing an autopsy under this section may keep and retain, for and on behalf of the chief medical examiner, any tissue from the body upon which the autopsy was performed which may be necessary for further study or consideration.
(i) In cases of the death
of any infant, in the State of West Virginia where sudden infant death
syndrome is the suspected cause of death and the chief medical examiner or the
medical examiner of the county in which the death in question occurred
considers it advisable to perform an autopsy, it is the duty of the chief
medical examiner or the medical examiner of the county in which the death
occurred to notify the sudden infant death syndrome program within the Division
of Maternal and Child Health and to inform the program of all information to be
given to the infant’s parents.
(j) If the chief medical officer determines that a drug overdose is the cause of death of a person, the chief medical examiner shall provide notice of the death to the West Virginia Controlled Substances Monitoring Program Database Review Committee established pursuant to §60A-9-5(b) and shall include in the notice any information relating to the cause of the fatal overdose.
§61-12-10a. Costs of transportation of bodies; when state will pay; amount of payment.
Whenever an examination of a body is ordered pursuant to §61-12-8 and §16-12-10 of this code and the body of the deceased is transported to the central laboratory or other place of examination, the reasonable cost of the transportation shall be paid by the state out of funds appropriated to or for the use of the Office of the Chief Medical Examiner. Transportation at state expense shall be provided from the place where the body is being kept at the time the examination is ordered to the central laboratory or other place of examination, and, upon completion of the examination, to the place designated by the person entitled to possession of the body: Provided, That if the body is to be returned a greater distance than it was taken for the examination, the state shall only be obligated for the cost of return of the body equal to or less than that incurred to take the body for the examination. The payment shall be of a reasonable amount set by the Office of the Chief Medical Examiner, including, but not limited to, payment of any part of the total cost as the Office of the Chief Medical Examiner allows.
§61-12-11. Exhumation; when ordered.
If, in any case of sudden, violent or suspicious death, the body is buried without any investigation by the chief medical examiner, or by a county medical examiner or coroner, it is the duty of the chief medical examiner or the county medical examiner or coroner, upon being advised of this fact, to notify the prosecuting attorney of the county, who shall communicate the same to the judge of the circuit court or other court of record having jurisdiction in the county and the judge may order that the body be exhumed and an autopsy performed thereon, as provided in §61-12-10 of this code and the pertinent facts disclosed by the autopsy shall be communicated to the prosecuting attorney of the county.
§61-12-12. Facilities and services available to medical examiners.
Pursuant to rules promulgated by the Secretary of the Department of Health and Human Resources, the facilities of the Office of the Chief Medical Examiner and its laboratory, and the services of its professional staff, shall be made available to the county medical examiners and coroners in their investigations under the provisions of §61-12-8 of this code, and to the persons conducting autopsies under the provisions of §61-12-10 of this code.
§61-12-13. Reports and records received as evidence; copies.
Reports of investigations
and autopsies, and the records thereof, on file in the Office of the Chief
Medical Examiner or in the office of any county medical examiner, shall be
received as evidence in any court or other proceeding, and copies of records,
photographs, laboratory findings and records on file in the Office of the Chief
Medical Examiner or in the office of any county medical examiner, when duly
attested by the chief medical examiner or by the county medical examiner,
assistant county medical examiner or coroner in whose office the same are
filed, shall be received as evidence in any court or other proceeding for any
purpose for which the original could be received without any proof of the
official character of the person whose name is signed thereto unless objected
to by counsel: Provided, That statements of witnesses or other persons
and conclusions upon extraneous matters are not hereby made admissible.
§61-12-14. County coroners; appointment, oath, etc.; duties; fees.
It is the duty of The county commission of every county from time to
time, to shall appoint a coroner for the county, who shall hold the
office during at the pleasure of the commission and shall take
the oath of office prescribed for other county officers. The county coroners
shall be certified in medicolegal investigations, be continually available to
perform the duties required under this article and shall be paid such fees or
amounts for the services as may be fixed by the chief medical examiner.
§61-12-15. Invalidity
of any provision or application Disposition
of unidentified and unclaimed remains.
If any provision or
application of this article is held invalid such invalidity shall not affect
other provisions or application of this article which can be given effect
without the invalid provisions or application, and to this end the provisions
of this article are declared to be severable
(a) The Office of the Chief Medical Examiner shall cremate and bury unidentified or unclaimed human remains from its facilities.
(b) The Office of the Chief Medical Examiner with assistance of the city of Charleston shall locate an appropriate cemetery.
(c) Unidentified remains shall be buried after 30 days and efforts to identify the person and his or her next of kin have been exhausted by the Office of Chief Medical Examiner. In the event the death is determined to be the result of a crime, physical evidence must be collected from the decedent’s body prior to any burial.
(d) Any identified but unclaimed remains shall be cremated after 30 days has passed and efforts to contact the decedent’s next of kin have been exhausted, as determined by the Office of the Chief Medical Examiner, and placed in a cemetery in a manner that may be easily retrieved by the Office of the Chief Medical Examiner in the event the decedent’s next of kin wishes to claim the remains.
(e) The chief medical examiner or his or her designee may enter onto the premises of the cemetery and cause to be removed from the cemetery any decedent who has been identified and claimed by his or her next of kin upon the next of kin providing proper documentation.
(f) No person may file any cause of action against the Office of the Medical Examiner or against any medical examiner acting in his or her capacity as a medical examiner for any liability or damages relating to burial, cremation, or other disposition of a decedent’s remains prior to a person claiming a decedent.
NOTE: The purpose of this bill is to update of the authority of the Office of the Chief Medical Examiner.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
