N.M. Admin. Code § 7.3.2.10
Current through Register Vol. 35, No. 21, November 5, 2024
Section 7.3.2.10 - REPORTING DEATHSA. Citations and Regulations:(1)24-11-5 NMSA 1978: When any person comes to a sudden, violent or untimely death or is found dead and the cause of death is unknown, anyone who becomes aware of the death shall report it immediately to law enforcement authorities or the office of the state or district medical investigator. The public official so notified shall in turn notify either, or both, the appropriate law enforcement authorities or the office of the state or district medical investigator. The state or district medical investigator, or a deputy medical investigator under his direction, shall, without delay, view and take legal custody of the body.(2)24-11-10 NMSA 1978: (a) It is unlawful to: (i) wilfully and without good cause neglect or refuse to report a death to law enforcement authorities or the office of the state or district medical investigator as required by law; or(ii) willfully and unnecessarily touch, remove or disturb any dead body required by law to be reported to the state or district medical investigator, or any article on or near the body or disturb its surroundings until authority is granted by the state, district or deputy medical investigator.(b) Any person violating this section is guilty of a petty misdemeanor.(3) Physicians' Handbook on Medical Certification: Death, Birth, Fetal Death. U.S. Department of Health, Education, and Welfare, DHEW Publication No. (PHS) 78-1108, Section IId.B. POLICY: (1) Responsibility for Reporting: Anyone who becomes aware of any death falling into the category enumerated here under "Reportable Deaths" must report it immediately to either law enforcement officers or to a representative of the office of the medical investigator. It will be the responsibility of that agency to notify the other of the report. The designated representative of the OMI shall then respond to that scene of death without delay, view and take legal custody of the body. See Section D [now 7.3.2.11 NMAC] for responsibilities of representatives of the OMI.(2) Reportable deaths: Those deaths to be reported to the office of the medical investigator include all deaths occurring in New Mexico as outlined below regardless of where or when the initial injuring event occurred.(a) any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for significant heart, lung or other disease;(b) any death suspected to be due to violence, that is, suicidal, accidental or homicidal injury, regardless of when or where the injury occurred;(c) any death suspected to be due to alcohol or intoxication the result of exposure to toxic agents;(d) any deaths of residents housed in county or state institutions, regardless of where death occurs. This refers to any ward or individual placed in such a facility by legal authorization;(e) any deaths of persons in the custody of law enforcement officers;(f) any deaths in nursing homes or other private institutions without recent medical attendance;(g) any deaths that occur unexpectedly during, in association with, or as a result of diagnostic, therapeutic, surgical, or anesthetic procedures;(h) deaths alleged to have been caused by an act of malpractice;(i) deaths suspected to be involved with the decedent's occupation;(j) deaths unattended by a physician;(k) any death due to neglect;(l) any still birth of 20 or more weeks' gestation unattended by a physician;(m) any death of an infant or child where the medical history has not established some pre-existing medical condition;(n) deaths which are possibly directly or indirectly attributable to environmental exposure not otherwise specified;(o) any death suspected to be due to infectious or contagious disease wherein the diagnosis and extent of disease at the time are undetermined;(p) any death occurring under suspicious circumstances;(q) any death in which there is doubt as to whether or not it is a medical investigator's case should be reported;(r) a list of reportable deaths will be provided to all state agencies, hospitals and other public and private facilities that require the services of the OMI.C. Procedure for reporting death: Deputy medical investigators are assigned by the central office of the OMI to be the responders and investigators to and of the reports of all sudden, unexpected and unexplained deaths. A list of these assignments is sent to the sheriff's office, chief of police, the local district attorney, funeral directors, and emergency medical personnel within each respective district. The central office of the OMI shall keep these lists current. Each district medical investigator, in conjunction with the central office of the medical investigator, shall determine appropriate on-call schedules for the deputy medical investigators, and shall provide that schedule to each of the agencies and offices cited above to provide each agency and office with the immediate means of notifying the OMI of a death included in the category of "Reportable Deaths". This list shall include the on-call deputy medical investigator, then shall show the names of any backup deputy medical investigators, then the name of the district medical investigator, and finally, the 24-hour telephone number of the central office of the OMI.D. Jurisdiction: The OMI will respond and take custody of a body in those reportable deaths that occur within the state of New Mexico, excluding Indian reservations and military installations. On Indian reservations and military installations, the OMI will respond as investigative consultants when so invited and when reimbursed for the service as defined in a legal contract or by agreement. In cases where the event leading to the death occurs on state land, but the individual is taken to a federal facility for emergency treatment, and is pronounced dead there, the death is to be reported to the OMI representative if the circumstances of the event are reportable, as defined in this manual.N.M. Admin. Code § 7.3.2.10