West Virginia Code § 16-19-22

Facilitation of anatomical gift from decedent whose body is under
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jurisdiction of medical examiner.
(a) The medical examiner shall, upon request of a procurement organization, release to the
procurement organization the name, contact information, and available medical and social
history of a decedent whose body is in the custody of the medical examiner. If the decedent's
body or part is medically suitable for transplantation, therapy, research, or eeducation, the
medical examiner shall release post-mortem examination results after being paid in
accordance with the fee schedule established in rules to the procuremernt organization. The
procurement organization may make a subsequent disclosure of the post-mortem
examination results or other information received from the medical examiner only if relevant
to transplantation or therapy.
(b) The medical examiner may conduct a medicolegal examination by reviewing all medical
records, laboratory test results, x-rays, other diagnostic results, and other information that
any person possesses about a donor or prospective donor whose body is under the
jurisdiction of the medical examiner which the medical examiner determines may be relevant
to the investigation. s
(c) A person with any information requested by a medical examiner pursuant to subsection
(b) of this section shall provide that ginformation as soon as possible to allow the medical
examiner to conduct the medicolegal investigation within a period compatible with the
preservation of parts for the peurpose of transplantation, therapy, research, or education.
(d) If the medical examiner determines that a post-mortem examination is not required or
that a post-mortem examination is required but that the recovery of the part that is the
subject of an anatomical gift will not interfere with the examination, the medical examiner
and procurement organization shall cooperate in the timely removal of the part from the
decedent for the purpose of transplantation, therapy, research or education.
(e) WIf an anatomical gift of a part from the decedent under the jurisdiction of the medical
examiner has been or might be made, but the medical examiner initially believes that the
recovery of the part could interfere with the post-mortem investigation into the decedent's
cause or manner of death, the medical examiner shall consult with the procurement
organization about the proposed recovery. After the consultation, the medical examiner may
deny the recovery at his or her discretion. The medical examiner may attend the removal
procedure for the part before making a final determination not to allow the procurement
organization to recover the part.
(f) If the medical examiner denies recovery of the part, he or she shall:
(1) Provide the procurement organization with a written explanation of the specific reasons
for not allowing recovery of the part; and
(2) Include in the medical examiner's records the specific reasons for denying recovery of
the part.
(g) If the medical examiner allows recovery of a part, the procurement organization shall,
upon request, cause the physician or technician who removes the part to provide the medical
examiner with a written report describing the condition of the part, a biopsy, a photograph
or any other information, and observations that would assist in the post-mortem
examination. e
(h) A medical examiner who decides to be present at a removal procedure is entitled to
reimbursement for the expenses associated with appearing at the recovery procedure from
the procurement organization which requested his or her presenuce.
(i) A medical examiner performing any of the functions specified in this section shall comply
with all applicable provisions of §61-12-1 et seq. of this code.

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