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Chapter 61     Entire Code


ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.

ARTICLE 2. CRIMES AGAINST THE PERSON.

ARTICLE 3. CRIMES AGAINST PROPERTY.

ARTICLE 3A. SHOPLIFTING.

ARTICLE 3B. TRESPASS.

ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.

ARTICLE 3D. THEFT OF CABLE TELEVISION SERVICES.

ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.

ARTICLE 4. FORGERY AND CRIMES AGAINST THE CURRENCY.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

ARTICLE 5A. BRIBERY AND CORRUPT PRACTICES.

ARTICLE 6. CRIMES AGAINST THE PEACE.

ARTICLE 7. DANGEROUS WEAPONS.

ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.

ARTICLE 8B. SEXUAL OFFENSES.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

ARTICLE 8D. CHILD ABUSE.

ARTICLE 8E. DISPLAY OF VIDEO RATINGS OR LACK THEREOF.

ARTICLE 8F. SEX OFFENDER REGISTRATION ACT.

ARTICLE 9. EQUITABLE REMEDIES IN AID OF CHASTITY, MORALITY AND DECENCY.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

ARTICLE 11B. CRIMINAL OFFENSE REDUCTION.

ARTICLE 12. POSTMORTEM EXAMINATIONS.

ARTICLE 13. ANTI-ORGANIZED CRIMINAL ENTERPRISE ACT.

ARTICLE 14. HUMAN TRAFFICKING.

ARTICLE 15. MONEY LAUNDERING.

ARTICLE 16. USE OF UNMANNED AIRCRAFT SYSTEMS.

ARTICLE 12A. FATALITY AND MORTALITY REVIEW TEAM.

§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.

§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 18 years;

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

(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 §29A-3-1 et seq. 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 §61-12A-1(a) of this code;

(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.

(e) The Fatality and Mortality Review Team may provide reporting to birth facilities to inform internal peer review activities. Such information shall be deemed confidential and shall be used only for peer review purposes.

§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.

§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 29B of this code.

(d) Notwithstanding any other provisions to the contrary, the Fatality and Mortality Review Team may prepare a data compilation to be shared, on an annual basis or more often as needed, with the Centers for Disease Control and Prevention to study maternal mortality in an effort to reduce mortality rates. No individually identifiable records may be produced.

§61-12A-5. Required reporting and analysis.

(a) The infant and mortality review panel shall annually analyze data to identify themes, underlying risk factors, and gaps in care, to understand factors related to deaths during pregnancy, delivery, and the postpartum period. This analysis is required to follow the Centers for Disease Control and Prevention’s best practices for maternal mortality review and infant mortality review, and include health care and clinical factors as well as social determinants of health. Using data gathered, the panel may provide recommendations and develop strategies to prevent problems that arise during the prenatal and postpartum period.

(b) The following variables should be routinely analyzed to describe pregnancy-associated deaths:

(1) Age at death;

(2) Race and ethnicity;

(3) Education;

(4) Insurance status;

(5) Marital status;

(6) County type (urban or rural) of maternal residence;

(7) Timing of death in relation to pregnancy; and

(8) Causes of death.

(c) Reports of aggregated nonindividually identifiable data shall be compiled on a routine basis for distribution in an effort to further study the causes and problems associated with maternal and infant deaths.

(d) Reports shall be distributed to the Commission on Legislative Oversight Commission on Health and Human Resources Accountability, a member of the infant and maternal mortality review panel, health care providers, key government agencies, and others as identified to reduce the maternal and infant mortality rate.

(e) The Bureau for Public Health, working in conjunction with the infant and mortality review panel, shall perform a multiyear detailed analysis, utilizing data from vital records, the infant and mortality review panel, and other sources as necessary and, in partnership with other providers, including the perinatal collaborative, make recommendations for systems change to reduce maternal and infant mortality. Such report shall be made available to the Legislative Oversight Commission on Health and Human Resources Accountability by December 31, 2020.

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