H. B. 4145
(By Delegates Douglas, Staton,
Mahan, Leach and Jenkins)
[Introduced January 25, 2000; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact section one, article four-b, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to adding language
to permit an attending physician to perform an autopsy when
it might serve the future health care needs of the deceased
person's family.
Be it enacted by the Legislature of West Virginia:
That section one, article four-b, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4B. AUTOPSIES ON BODIES OF DECEASED PERSONS.
§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, the attending physician, or if there be none, any
physician, if he 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, if available; (2) the
health care surrogate, if one has been appointed; (1) (3) the
surviving spouse of deceased; (2) (4) 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;
(3) (5) if there be no surviving spouse, nor any child of
deceased over the age of eighteen years, then the mother or
father of deceased; (4) (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 (5) (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
hereinabove defined.
NOTE: The purpose of this bill is to extend an attending
physician's prerogative to perform an autopsy to include
circumstances where an autopsy might serve the future health care
of the deceased person's family.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.