Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-2-14 - Permission to Cremate, Disclosure for Unclaimed Cremated Remains, Removing Objects from Body14.1. Written permission to cremate.14.1.1 A crematory shall get a permit for cremation from the authorized representative who has the legal right to authorize the cremation, pursuant to W. Va. Code § 30-6-21(a). If contracted by a funeral establishment to provide a-cremation, the crematory may get a copy of the permit to cremate from the funeral establishment contracted with the authorized representative, as the funeral establishment is responsible for performing this duty, pursuant to Title 6, Series 1 of these rules.14.1.2. A crematory shall get a permit for cremation from the county medical examiner, assistant county medical examiner, or the county coroner in whose county jurisdiction death takes place as stated on the death certificate. If contracted by a funeral establishment to provide a cremation, the crematory may get a copy of the permit from the funeral establishment as the funeral establishment is responsible for performing this duty, pursuant to Title 6, Series 1 of these rules. The crematory may obtain authorization directly from the office of the chief medical examiner if: 14.1.2.a. the crematory has concerns following authorization by county personnel regarding the identity or cause of death of the decedent;14.1.2.b. in cases where the crematory is unable to contact the county medical examiner, assistant county medical examiner, or county coroner of the county in which death takes place as stated on the death certificate, pursuant to the provisions of W. Va. Code §§ 61-12-1 et. seq. and 30-6-1 et. seq.14.1.3. The crematory operator shall not cremate a dead human body prior to receiving permissions prescribed in this section.14.1.4. The crematory shall retain documents prescribed in this section, pursuant to the provisions of section 19 of this rule.14.2. If contracted directly by the authorized representative, a crematory shall, in writing, disclose to the authorized representative during the arrangements conference that unclaimed cremated remains may be buried in a common grave and may not be recoverable in their entirety or at all, if exhumed at a later date.