N.M. Admin. Code § 7.2.2.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 7.2.2.13 - REGISTRATION OF DEATH

A. Registration

(1) When a death occurs in this state, a certificate of death shall be filed through the state's approved electronic system within five days after the death and prior to final disposition.

(a) The medical certification of death must be completed in the state's approved electronic system by the individual responsible for the medical certification.

(b) The demographic section of the certificate od death must be completed in the state's approved electronic system by the funeral practitioner or the person acting as such.

(2) Cases completed by tribal and federal entities will have up to 30 days after the receipt of medical records or autopsy, including toxicology results, to complete the medical certification section of the certificate of death in the state's approved electronic system with manner and cause of death. If these entities need additional time to complete the medical certification, they must contact the registrar within 30 days of death to request an extension.

(3) Cases referred to the office of the medical examiner will have up to 30 days after the receipt of medical records or autopsy, including toxicology results, to complete the medical certification section of the certificate of death in the state's approved electronic system with a manner and cause of death other than "pending". If the office of medical examiner needs additional time to complete the medical certification with manner and cause of death, they shall contact the state registrar prior to the expiration of time to request an extension.

(4) Certificates of death for indigent cases referred to a county shall be completed by the county through the state's approved electronic system within 30 days of the indigent case assignment to the county.

(5) An extension of the required filing times for any portion of a certificate of death may be granted at the discretion of the state registrar to prevent undue hardship in accordance with Section 24-14-24 NMSA 1978.

(6) In all cases the medical certification must be signed by the person responsible for such certification. If the cause or manner of death is unknown or undetermined, each shall be listed as such on the certificate.

B.Incomplete certificate of death. If all the information necessary to complete the certificate of death is not available within the time prescribed for filing of the certificate, the funeral service practitioner shall file the certificate completed with all information that is available, and attach a note explaining why the incomplete items cannot be completed at the time of submission.

(1) The affidavit providing the information missing from the original certificate shall be filed with the state registrar as soon as possible, but in all cases within 30 days of the date of the death occurred unless otherwise specifically approved by the state registrar.

(2) When the affidavit results in changes to the existing certificate of death, such affidavit shall be considered an amendment; the certificate of death shall be marked "amended," and the affidavit shall be attached to the original certificate which is retained by the bureau.

C.Amendment of a certificate of death. Unless otherwise provided for in these regulations, the certificate of death may be amended only in the following manner:

(1) Statistical items: non-medical statistical items, including but not limited to: ethnicity, education, race and occupation may be amended when new facts become available. The affidavit/change procedure described in Paragraphs (1) and (2) of Subsection B of 7.2.2.13 NMAC shall be used. Additional evidence may be required by the state registrar.

(2) Date of death, place of death, time of death, date pronounced, time pronounced, manner of death, and any portion of the cause of death may not be changed through the use of an amended certificate. These items shall only be changed by the preparation and filing of a medical affidavit signed by the certifier.

(3) The amendment of medically related items and items related to injury may only be submitted by the office of the medical investigator or equivalent military or tribal authorities and only on the form prescribed by the state registrar. Should the certificate of death be revised, resulting in changes of referenced material, the state registrar shall advise customary users of the certificate of the changes.

(4) An amendment of the marital status at time of death shall be made only if it is:

(a) requested by the person listed as informant on the certificate of death, upon completion of the prescribed notarized affidavit form and presentation of acceptable documentation proving marital status at the time of death.

(b) requested by the funeral practitioner who provides an affidavit that the information as filed with the bureau was inconsistent with the information provided to such practitioner by the informant; or

(c) accompanied by a certified copy of a district court order directing the change in marital status, along with a copy of the petition for such order and evidence submitted to the court in support of the requested amendment, if such information was not previously supplied to the bureau.

D.Certificate of death occurring in a hospital or other institution and not under the jurisdiction of OMI. When a death occurs in a hospital or other institution, and the death is not under the jurisdiction of the office of the medical investigator, the person in charge of such institution, or his or her designated representative, may initiate the preparation of the certificate of death as follows.

(1) place the full name of the decedent and the date and place of death on the certificate of death, and obtain information on the method and place of disposition and enter on the disposition part of the certificate, and obtain from the certifier the medical certification of cause of death and the certifier's signature;

(2) present the partially completed certificate of death to the funeral service practitioner or person acting as such and advise them that they need to complete the missing items on the certificate and file it with the bureau of vital records and health statistics.

(3) for all deaths in which OMI assumes jurisdiction, including but not limited to a death without medical attendance and presumptive death, see OMI administrative rules at OMI 86-1.

E.Effect on other vital records.

(1) Upon death of a registrant, the registrant's birth certificate shall be marked with the word "deceased".

(2) If the death of an infant born alive occurs within two months of the date of the infant's birth, a family may receive one copy of a birth certificate without the "deceased" mark if the request is made with vital records state office within thirty days of the date of the infant's death.

(3) Unnamed birth certificates shall not be issued pursuant to this section. The child must be named at birth to obtain a birth certificate under this section.

(4) Amendments to a birth certificate, including but not limited to paternity, may not be made to a birth certificate after that registrant's death certificate is registered.

N.M. Admin. Code § 7.2.2.13

Adopted by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022