West Virginia Code § 61-12A-2

Responsibilities of the Fatality and Mortality Review Team
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(a) The Fatality and Mortality Review Team shall:
(A) Review and analyze the deaths resulting from suspected domestic violence, the deaths of
all infants and all women who die during pregnancy, at the time of birth or within one year
of the birth of a child, and the deaths of children under 18 years of age;
(B) Ascertain and document the trends, patterns, and risk factors; and
(C) Provide statistical information and analysis regarding the causes of certain fatalities; and
(D) Establish processes and protocols for the review and analysis of fatalities and mortalities
of those who were not suffering from mortal diseases shortly before death;
(b) Actions the team may not take or engage in, including:
(A) Call witnesses or take testimony from individuals involved in the investigation of a
fatality;
(B) Contact a family member of the deceased, unless there is a clear public health interest
which is approved by a majority vote of the team;
(C) Enforce any public health setandard or criminal law or otherwise participate in any legal
proceeding; or
(D) Otherwise take any action which, in the determination of a prosecuting attorney or his or
her assistants, impairs the ability of the prosecuting attorney, his or her assistants or any
law-enforcement officer to perform his or her statutory duties.
(c) The Fatality and Mortality Review Team shall submit an annual report to the Governor,
theW Office of the Inspector General, and to the Legislative Oversight Commission on Health
and Human Resources Accountability concerning its activities. The report is due annually
starting on December 1, 2024, and shall reflect the previous year's data. The report is to
include statistical information and an epidemiological analysis concerning cases reviewed
during the year, trends and patterns concerning these cases and the team's
recommendations to reduce the number of fatalities and mortalities that occur in the state.
(d) The Fatality and Mortality Review Team may provide reporting to birth facilities,
practitioners, and government entities to inform internal peer review activities of
recommend changes to practices or policies. The information is confidential and shall be
used only for peer review purposes.

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