N.M. Admin. Code § 7.2.2.7

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

Section 7.2.2.7 - DEFINITIONS

As used in these regulations.

A.Definitions beginning with "A":"Act" means the Vital Statistics Act, Sections 24-14-1 to 24-14-31, NMSA 1978 as amended.

B.Definitions beginning with "B":"Bureau"means the vital records and health statistics bureau, epidemiology and response division) within the department of health, which was formerly and in the statute referred to as the vital statistics bureau. Vital Statistics Act Section 24-14-1 et seq., NMSA 1978.

C.Definitions beginning with "C":

(1)"Certificate of still birth" means a certificate created by the BVRHS at the request of a parent named on a report of spontaneous fetal death which captures data from a report of a spontaneous fetal death reported in accordance with New Mexico law. The certificate is intended to memorialize a stillbirth event, but cannot be used as proof of a live birth, for identification or other legal purposes.

(2)"Certifier", for purposes of death records means a person authorized to certify cause of death pursuant to the laws of New Mexico.

(3)"Court ordered custodian" means the New Mexico children youth and families department when that department has legal custody of the child pursuant to a court order issued by a court of competent jurisdiction in the state of New Mexico.

DDefinitions beginning with "D":

(1)"Dead body" means a human body or such parts thereof other than skeletal remains which cannot be classified as artifacts; dead within the meaning of Section 12-2-4 NMSA 1978.

(2)"Department" means the department of health.

E.Definitions beginning with "E": [RESERVED]

F.Definitions beginning with "F":

(1)"Fetal death" means death prior to complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(a) "Induced termination of pregnancy" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus, and which does not result in a live birth; induced abortion.

(b) "Spontaneous fetal death" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy; still birth.

(2)"File" means to present a vital record for registration by the state registrar.

(3)"Final disposition" means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus.

(4)"Forms" means all certificates, forms, electronic media, reports, and records, and any safety paper used in their production, which are vital records.

(5)"Fraud manager" means an employee or representative of the bureau whose responsibilities include liaison with law enforcement, immigration, passport, embassy and consular officials, or other agencies, and who investigates or coordinates the investigation of any incidence or suspected incidence of fraud, or violation of statute or regulation, and who reports on these investigations to the state registrar.

G.Definitions beginning with "G":

(1)"Gender" means a person's internal sense of being male, female, some combination of male and female, or neither male nor female.

(2)"Given name" means a name that precedes one's surname.

H.Definitions beginning with "H":

(1)"Healthcare provider" for the purposes of medical aid in dying means an authorized individual pursuant to the End-of-Life Options Act to prescribe medical aid in dying including a physician licensed pursuant to the Medical Practice Act, an osteopathic physician licensed pursuant to the Osteopathic Medicine Act; A nurse licensed in advanced practice pursuant to the Nursing Practice Act, or a physicians assistant licensed pursuant to the Physicians Assistant Act or the Osteopathic Medicine Act.

(2)"Homeless" means the following:

(a) lacking a fixed, regular, and adequate nighttime residence;

(b) living in the housing of another person due to the individual's loss of housing, economic hardship or other reason related to that individual's lack of residence;

(c) living in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation;

(d) living in an emergency or transitional shelter;

(e) sleeping in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or

(f) living in an automobile, a park, a public space, an abandoned building, substandard housing, a bus station, a train station or similar setting.

I.Definitions beginning with "I":

(1)"Immediate family" means any of the following: mother, father, grandmother, grandfather, grandchild, sibling, child or current spouse.

(2)"Institution" means any establishment, public or private, which provides in-patient or out-patient medical or surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law.

J.Definitions beginning with "J":[RESERVED]

K.Definitions beginning with "K":[RESERVED]

L.Definitions beginning with "L": Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

M.Definitions beginning with "M":

(1)"Medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to end that individual's life in accordance with the provisions of the End-of-Life Options Act.

(2)"Minor error" means transposition of letters in words of common knowledge, typographical errors, or omissions of letters and numbers.

N.Definitions beginning with "N":[RESERVED]

O.Definitions beginning with "O": "OMI" means the office of the medical investigator.

P.Definitions beginning with "P": "Physician" means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of New Mexico.

Q.Definitions beginning with "Q":[RESERVED]

R.Definitions beginning with "R": "Registration" means the acceptance by the state registrar and the incorporation into his or her official records of vital records provided for in the act.

S.Definitions beginning with "S":

(1)"Sex" means the biological anatomy of an individual's reproductive system, and secondary sex characteristics.

(2)"State" means the state of New Mexico.

(3)"State registrar" means the person appointed under the Vital Statistics Act, Section 24-14-14, et seq., NMSA 1978, and whose duties are described in the act at Section 24-14-4 NMSA 1978.

(4)"System of vital statistics" means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by this act; and activities related thereto, including the tabulation, analysis and publication of vital statistics.

T.Definitions beginning with "T":[RESERVED]

U.Definitions beginning with "U":[RESERVED]

V.Definitions beginning with "V":

(1)"Vital records" means certificates, records, reports, or registration forms of birth and death, and supporting documentation.

(2)"Vital statistics" means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy and related reports.

W.Definitions beginning with "W":[RESERVED]

X.Definitions beginning with "X":"X" means a gender other than male or female, or an undesignated gender.

Y.Definitions beginning with "Y":[RESERVED]

Z.Definitions beginning with "Z":[RESERVED]

N.M. Admin. Code § 7.2.2.7

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