West Virginia Code

WVC 16 - 4 B- 1 §16-4B-1. Autopsy on body of deceased persons in interest of medical science; who may perform; consent required; who may give consent.
In case of the death of any person in the state of West Virginia, except those deaths subject to autopsy being made pursuant to section ten, article twelve, chapter sixty-one of this code, the attending physician, or if there be none, any physician, if he or she deems it advisable in the interest of medical science or future health care of the deceased person's family, may perform or cause to be performed an autopsy on the body of such deceased person without liability therefor, provided consent to such autopsy is first obtained in writing or by telephone, if the telephone authorization is verified by a second person, from one of the following in the priority order stated: (1) The medical power of attorney representative; (2) if there is no medical power of attorney representative, the surviving spouse of deceased; (3) if there be no surviving spouse, then any child of deceased over the age of eighteen years: Provided, That the child's permission shall not be valid, if any other child of the deceased over the age of eighteen years objects prior to said autopsy and the objection shall be made known in writing to the physician who is to perform the autopsy; (4) if there be no surviving spouse, nor any child of deceased over the age of eighteen years, then the mother or father of deceased; (5) if there is no mother or father of the deceased, the health care surrogate, if one is appointed; (6) if there be no surviving spouse, nor any child over the age of eighteen years, nor mother or father, then the duly appointed and acting fiduciary of the estate of the deceased; or (7) if there be no surviving spouse, nor any child over the age of eighteen years, nor mother or father, nor duly appointed and acting fiduciary of the estate of deceased, then the person, firm, corporation or agency legally responsible for the financial obligation incurred in disposing of the body of deceased.

In the event the medical power of attorney representative, the health care surrogate, spouse, child or parent of deceased be mentally incompetent then the person authorized to consent to such autopsy shall be the next in the order of priority herein above defined.

As used in this section, the term "surviving spouse" shall mean any spouse of the deceased who is not legally separated from the deceased immediately prior to the death of the deceased.

Note: WV Code updated with legislation passed through the 2012 1st Special Session

Recent legislation affecting the Code

Citation	Year/Session	Short Title
§16 - 13 A- 3 - (Amended Code) §16 - 13 A- 4 - (Amended Code)	SENATE BILL - 82 PASSED - Regular Session SB82 ENR (Uploaded - 05/07/2013)	Relating to public service district board membership
§16 - 5 C- 15 - (Amended Code)	SENATE BILL - 101 PASSED - Regular Session SB101 SUB2 ENR (Uploaded - 05/07/2013)	Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers
§16 - 2 D- 4 - (Amended Code)	SENATE BILL - 335 PASSED - Regular Session SB335 SUB1 ENR (Uploaded - 05/07/2013)	Permitting certain hospitals exemption from certificate of need
§16 - 45 - 1 - (New Code) §16 - 45 - 2 - (New Code) §16 - 45 - 3 - (New Code) §16 - 45 - 4 - (New Code) §16 - 45 - 5 - (New Code) §16 - 45 - 6 - (New Code)	SENATE BILL - 464 PASSED - Regular Session SB464 SUB1 ENR (Uploaded - 05/07/2013)	Regulating tanning facilities
§16 - 13 E- 8 - (Amended Code)	SENATE BILL - 489 PASSED - Regular Session SB489 ENR (Uploaded - 05/07/2013)	Permitting community enhancement districts to decrease annual property assessments
§16 - 2 J- 3 - (Amended Code)	SENATE BILL - 557 PASSED - Regular Session SB557 SUB1 ENR (Uploaded - 05/07/2013)	Continuing Preventive Care Pilot Program
§16 - 5 P- 15 - (Amended Code)	HOUSE BILL - 2395 PASSED - Regular Session HB2395 SUB ENR (Uploaded - 05/07/2013)	Relating to senior services
§16 - 5 A- 9 A - (Repealed Code)	HOUSE BILL - 2487 PASSED - Regular Session hb2487 ENR (Uploaded - 05/07/2013)	Prohibiting the use of laetrile
§16 - 5 O- 1 - (Amended Code) §16 - 5 O- 2 - (Amended Code) §16 - 5 O- 3 - (Amended Code) §16 - 5 O- 4 - (Amended Code) §16 - 5 O- 5 - (Amended Code) §16 - 5 O- 6 - (Amended Code) §16 - 5 O- 7 - (Amended Code) §16 - 5 O- 8 - (Amended Code) §16 - 5 O- 10 - (Amended Code) §16 - 5 O- 11 - (Amended Code) §16 - 5 O- 12 - (New Code)	HOUSE BILL - 2731 PASSED - Regular Session HB2731 SUB ENR (Uploaded - 05/07/2013)	Regulating the performance of health maintenance tasks by unlicensed personnel
§16 - 5 V- 2 - (Amended Code) §16 - 5 V- 8 - (Amended Code) §16 - 5 V- 8 A - (New Code) §16 - 5 V- 11 - (Amended Code) §16 - 5 V- 20 - (Amended Code) §16 - 5 V- 21 - (Amended Code) §16 - 5 V- 24 - (Amended Code) §16 - 5 V- 35 - (New Code)	HOUSE BILL - 2802 PASSED - Regular Session HB2802 SUB ENR (Uploaded - 05/07/2013)	Relating to the Emergency Medical Services Retirement System
§16 - 9 D- 4 A - (New Code)	HOUSE BILL - 3003 PASSED - Regular Session HB3003 SUB ENR (Uploaded - 05/07/2013)	Facilitating compliance with the Tobacco Master Settlement Agreement

West Virginia Code *

Recent legislation affecting the Code