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Chapter 61     Entire Code
‹ Chapter 60A  |  Chapter 62 › Printer Friendly Versions
Chapter 61  |  Article 61 - 12A  |  Section 2
WVC 61- CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
WVC 61 - 12 A- ARTICLE 12A. FATALITY AND MORTALITY REVIEW TEAM. WVC 61 - 12 A- 1 §61-12A-1. Fatality and Mortality Review Team.

     (a) The Fatality and Mortality Review Team is created under the Bureau for Public Health. The Fatality and Mortality Review Team is a multidisciplinary team created to oversee and coordinate the examination, review and assessment of:

     (1) The deaths of all persons in West Virginia who die as a result of unintentional prescription or pharmaceutical drug overdoses;

     (2) The deaths of children under the age of eighteen years;

     (3) The deaths resulting from suspected domestic violence; and

     (4) 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.

     (b) The Fatality and Mortality Review Team shall consist of the following members:

     (1) The Chief Medical Examiner in the Bureau for Public Health or his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating meetings of the Fatality and Mortality Review Team and meetings of any advisory panel created by the Fatality and Mortality Review Team;

     (2) The Commissioner of the Bureau for Public Health or his or her designee;

     (3) The Superintendent of the West Virginia State Police or his or her designee; and

     (4) A prosecuting attorney, as appointed by the Governor, who shall serve for a term of three years unless otherwise reappointed to a second or subsequent term. A prosecuting attorney appointed to the team shall continue to serve until his or her term expires or until his or her successor has been appointed.

     (c) Each member shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article. WVC 61 - 12 A- 2 §61-12A-2. Responsibilities of the Fatality and Mortality Review Team and Advisory Panels.

     (a) The Fatality and Mortality Review Team shall establish the following advisory panels to carry out the purposes of this article including:

     (1) An unintentional pharmaceutical drug overdose fatality review panel to examine, analyze and review deaths resulting from unintentional prescription or pharmaceutical drug overdose;

     (2) A child fatality review panel to examine, analyze and review deaths of children under the age of eighteen years;

     (3) A domestic violence fatality review panel to examine, analyze and review deaths resulting from suspected domestic violence;

     (4) An infant and maternal mortality review panel to examine, analyze and review the deaths of infants and women who die during pregnancy, at the time of birth or within one year of the birth of a child.

     (b) The members of the Fatality and Mortality Review Team shall serve as members of each of the advisory panels established pursuant to this article.

     (c) The Commissioner of the Bureau for Public Health, in consultation with the Fatality and Mortality Review Team, shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code that the advisory panels shall follow. Those rules shall include, at a minimum:

     (1) The representatives that shall be included on each advisory panel;

     (2) The responsibilities of each of the advisory panels, including but not limited to, each advisory panel's responsibility to:

     (A) Review and analyze all deaths as required by this article;

     (B) Ascertain and document the trends, patterns and risk factors; and

     (C) Provide statistical information and analysis regarding the causes of certain fatalities;

     (3) The standard procedures for the conduct of the advisory panels;

     (4) The processes and protocols for the review and analysis of fatalities and mortalities of those who were not suffering from mortal diseases shortly before death;

     (5) The processes and protocols to ensure confidentiality of records obtained by the advisory panel;

     (6) That the advisory panels must submit a report to the Fatality and Mortality Review Team annually, the date the annual report must be submitted and the contents of the annual report;

     (7) That the advisory panel may include any additional persons with expertise or knowledge in a particular field that it determines are needed in the review and consideration of a particular case as a result of a death in subsection (a), section one of this article;

     (8) That the advisory panel may provide training for state agencies and local multidisciplinary teams on the matters examined, reviewed and analyzed by the advisory panel;

     (9) The advisory panel's responsibility to promote public awareness on the matters examined, reviewed and analyzed by the advisory panel;

     (10) Actions the advisory panel 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;

     (C) Enforce any public health standard 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; and

     (11) Other rules as may be deemed necessary to effectuate the purposes of this article.

     (d) The Fatality and Mortality Review Team shall submit an annual report to the Governor and to the Legislative Oversight Commission on Health and Human Resources Accountability concerning its activities within the state and the activities of the advisory panels. The report is due annually on December 1. The report is to include statistical information 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. WVC 61 - 12 A- 3 §61-12A-3. Access to information; other agencies of government required to cooperate.

     (a) Notwithstanding any other provision of this code to the contrary, the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article may request information and records as necessary to carry out its responsibilities. Records and information that may be requested under this section include:

     (1) Medical, dental and mental health records;

     (2) Substance abuse records to the extent allowed by federal law; and

     (3) Information and records maintained by any state, county and local government agency, except as provided in subsection (c), section two of this article.

     (b) State, county and local government agencies shall provide the Fatality and Mortality Review Team and the advisory panels established by the team with any information requested in writing by the team or by an advisory panel. WVC 61 - 12 A- 4 §61-12A-4. Confidentiality.

     (a) Proceedings, records and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article are confidential and are not subject to discovery, subpoena or introduction into evidence in any civil or criminal proceeding. This section does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another credible source and entirely independent of the proceedings of the team or advisory panels.

     (b) Members of the Fatality and Mortality Review Team and members of the advisory panels established by the team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. This subsection does not prevent a member of the team or an advisory panel from testifying to information obtained independently of the team or advisory panel which is public information.

     (c) Proceedings, records and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team are exempt from disclosure under the Freedom of Information Act as provided in chapter twenty-nine-b of this code.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§61 - 3 B- 1 - (Amended Code)
SENATE BILL - 43
PASSED - Regular Session

SB43 SUB1 ENR  (Uploaded - 03/11/2016)
Clarifying means of posting to prohibit hunting or trespassing
§61 - 3 B- 3 - (Amended Code)
SENATE BILL - 323
PASSED - Regular Session

SB323 ENR  (Uploaded - 03/10/2016)
Correcting statute subsection designations regarding trespassing on property
§61 - 8 D- 10 - (New Code)
SENATE BILL - 326
PASSED - Regular Session

SB326 SUB1 ENR  (Uploaded - 03/11/2016)
Repeal and recodify law relating to contributing to delinquency of minor child
§61 - 7 A- 1 - (Amended Code)
§61 - 7 A- 2 - (Amended Code)
§61 - 7 A- 3 - (Amended Code)
§61 - 7 A- 4 - (Amended Code)
SENATE BILL - 338
PASSED - Regular Session

SB338 SUB1 ENR  (Uploaded - 03/11/2016)
Compiling and maintaining Central State Mental Health Registry
§61 - 2 - 10 A - (Amended Code)
SENATE BILL - 361
PASSED - Regular Session

SB361 SUB1 ENR  (Uploaded - 03/18/2016)
Prohibiting persons who have committed crimes against elderly from performing community service involving elderly
§61 - 3 - 29 - (Amended Code)
SENATE BILL - 567
PASSED - Regular Session

SB567 SUB1 enr  (Uploaded - 03/18/2016)
Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities
§61 - 2 - 10 B - (Amended Code)
SENATE BILL - 578
PASSED - Regular Session

SB578 ENR  (Uploaded - 03/18/2016)
Protecting utility workers from crimes against person
§61 - 8 - 30 - (New Code)
HOUSE BILL - 2122
PASSED - Regular Session

HB2122 SUB ENR  (Uploaded - 03/07/2016)
Making it illegal for first responders to photograph a corpse; Jonathan's Law
§61 - 8 - 31 - (New Code)
HOUSE BILL - 2205
PASSED - Regular Session

HB2205 SUB ENR  (Uploaded - 03/23/2016)
Creating the crime of prohibited sexual contact by a psychotherapist
§61 - 3 C- 14 B - (Amended Code)
§61 - 8 A- 4 - (Amended Code)
HOUSE BILL - 2366
PASSED - Regular Session

HB2366 SUB ENR  (Uploaded - 03/17/2016)
Relating generally to the solicitation of minors
§61 - 11 - 22 A - (New Code)
HOUSE BILL - 2494
PASSED - Regular Session

hb2494 ENR  (Uploaded - 03/15/2016)
Creating a provisional plea process in criminal cases
§61 - 3 E- 1 - (Amended Code)
§61 - 3 E- 11 - (Amended Code)
HOUSE BILL - 2852
PASSED - Regular Session

HB2852 SUB ENR  (Uploaded - 03/09/2016)
Relating to legalizing and regulating the sale and use of fireworks
§61 - 6 - 23 - (Amended Code)
HOUSE BILL - 4174
PASSED - Regular Session

HB4174 SUB ENR  (Uploaded - 03/18/2016)
Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house
§61 - 8 - 19 A - (Amended Code)
§61 - 8 - 19 B - (Amended Code)
§61 - 8 - 19 C - (New Code)
HOUSE BILL - 4201
PASSED - Regular Session

HB4201 SUB ENR  (Uploaded - 03/16/2016)
Increasing the criminal penalties for participating in an animal fighting venture
§61 - 2 - 29 B - (Amended Code)
HOUSE BILL - 4309
PASSED - Regular Session

hb4309 ENR  (Uploaded - 03/23/2016)
Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person
§61 - 10 - 33 - (New Code)
HOUSE BILL - 4314
PASSED - Regular Session

HB4314 SUB ENR  (Uploaded - 03/15/2016)
Prohibiting the sale of powdered or crystalline alcohol
§61 - 2 - 9 D - (New Code)
HOUSE BILL - 4362
PASSED - Regular Session

hb4362 ENR  (Uploaded - 03/05/2016)
Establishing a felony offense of strangulation
§61 - 3 C- 14 A - (Amended Code)
HOUSE BILL - 4448
PASSED - Regular Session

HB4448 SUB ENR  (Uploaded - 03/16/2016)
Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act
§61 - 11 A- 8 - (Amended Code)
HOUSE BILL - 4558
PASSED - Regular Session

hb4558 ENR  (Uploaded - 03/23/2016)
Relating to victim notification and designation of additional individuals to receive notice of an offender's release
§61 - 5 - 27 - (Amended Code)
HOUSE BILL - 4724
PASSED - Regular Session

hb4724 ENR  (Uploaded - 03/18/2016)
Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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