West Virginia Code 16-5-23 – Authorization for disposition and disinterment and reinterment permits
(a) The funeral director or other person who assumes custody of a dead body shall obtain authorization prior to final disposition of the body.
Terms Used In West Virginia Code 16-5-23
- Dead body: means a human body or parts of a human body or bones from the condition of which it reasonably may be concluded that death occurred. See West Virginia Code 16-5-1
- Final disposition: means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. See West Virginia Code 16-5-1
- Institution: means any establishment, public or private, which provides inpatient or outpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care to two or more unrelated individuals or to which persons are committed by law. See West Virginia Code 16-5-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local registrar: means the person appointed by the state Registrar of Vital Statistics for a county or other district to perform the vital statistics functions specified to be performed in and for the county or other district. See West Virginia Code 16-5-1
- Physician: means a person licensed to practice medicine or osteopathy pursuant to the laws of this state. See West Virginia Code 16-5-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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 coroner 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 other 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 Registrar.
(c) With the consent of the physician or State Medical Examiner or county medical examiner or designee who is to certify the cause of death, 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 made may inter or allow interment or other disposition of a dead body or fetus unless it 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 on their behalf, upon proper application.