West Virginia Code § 16-5-23

Authorization for disposition and disinterment and reinterment permits
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(a) The funeral director or other person who assumes custody of a dead body shall obtain
authorization prior to final disposition of the body.
(1) The physician or State Medical Examiner, county medical examiner or designee shall
authorize final disposition of the body on a form or in a format prescribed by the state
Registrar.
(2) If the body is to be cremated, authorization for cremation must be obtained from the
state Medical Examiner, county medical examiner or county corouner on a form or in a format
prescribed by the state Medical Examiner's office.
(b) Prior to final disposition of a fetus, irrespective of the duration of pregnancy, the funeral
director, the person in charge of the institution, or othaer person assuming responsibility for
final disposition of the fetus shall obtain from a parent authorization for final disposition on a
form or in a format prescribed by the state Registralr.
(c) With the consent of the physician or State Medical Examiner or county medical examiner
or designee who is to certify the cause of dieath, a dead body may be moved from the place of
death for the purpose of being prepared for final disposition.
(d) An authorization for disposition issued under the law of another state which accompanies
a dead body or fetus brought into this state shall be authority for final disposition of the body
or fetus in this state.
(e) No sexton or other person in charge of any place in which interment or other disposition
of dead bodies is mad e may inter or allow interment or other disposition of a dead body or
fetus unless itV is accompanied by authorization for final disposition.
(f) Each person in charge of any place for final disposition shall return all authorizations to
the funeral director or person acting as such within ten days after the date of disposition and
shall indicate the date of disposition on the authorization.
(g) Each person in charge of any place for final disposition shall keep a record of all bodies
interred or otherwise disposed of on the premises under his or her charge. The record must
contain the name of the deceased person, place of death, date of burial or disposal, name
and address of the funeral director or person acting for him or her, and other information as
may be required by legislative rule. The record shall at all times be open to official
inspection.
(h) When there is no person in charge of the place for final disposition, the funeral director
or person acting as such shall complete the authorization and write across the face of the
authorization "No person in charge."
(i) Not later than the tenth day of each month, the funeral director or person acting as such
shall transmit to the state Registrar, in the state where the death occurred, all
authorizations received during the month.
(j) Authorization for disinterment and reinterment is required prior to disinterment of a dead
body or fetus, except as authorized by legislative rule or otherwise provided by law or by
order of a court of competent jurisdiction. The authorization must be issued by the local
registrar to a licensed funeral director, embalmer, or other persons acting oen their behalf,
upon proper application.

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