N.M. Admin. Code § 7.3.2.11

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

Section 7.3.2.11 - INVESTIGATION - SCENE OF DEATH

A. Citations and Regulations:

(1)12-2-4 NMSA 1978:

(a) For medical, legal and statutory purposes, death of a human being occurs when, and "death," "dead body," "dead person" or any other reference to human death means that:

(i) based on ordinary standards of medical practice, there is the absence of spontaneous respiratory and cardiac function and, because of the disease or condition which caused, directly or indirectly, these functions to cease, or because of the passage of time since these functions ceased, there is no reasonable possibility of restoring respiratory or cardiac functions; in this event, death occurs at the time respiratory or cardiac functions ceased; or

(ii) in the opinion of a physician, based on ordinary standards of medical practice:

a) because of a known disease or condition there is the absence of spontaneous brain function; and b) after reasonable attempts to either maintain or restore spontaneous circulatory or respiratory functions in the absence of spontaneous brain function, it appears that further attempts at resuscitation and supportive maintenance have no reasonable possibility of restoring spontaneous brain function; in this event death will have occurred at the time when the absence of spontaneous brain function first occurred. Death is to be pronounced pursuant to this paragraph before artificial means of supporting respiratory or circulatory functions are terminated and before any vital organ is removed for purposes of transplantation in compliance with the Uniform Anatomical Gift Act [24-6-1 to 24-6-9 NMSA 1978].

(b) The alternative definitions of death in Paragraphs 1 and 2 of Subsection A [now (i) and (ii) of Subparagraph (a) of Paragraph (1) of Subsection A of 7.3.2.11 NMAC] of this section are to be utilized for all purposes in this state, including but not limited to civil and criminal actions, notwithstanding any other law to the contrary.

(2)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.

(3)24-11-9 NMSA 1978: The state, district or deputy medical investigator may administer and may issue a subpoena to compel the attendance and production of evidence by any necessary witness, and the subpoena may be enforced in the district court. Any subpoena shall be served without cost by the sheriff or any deputy or by any member of the New Mexico state police.

(4)24-11-10 NMSA 1978:

(a) It is unlawful to:

(i) willfully 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.

B. Policy:

(1) Pronouncement of death - OMI cases: When there is no physician present, the representative of the office of the medical investigator shall immediately pronounce death and shall provide the time of pronouncement to the law enforcement official present.

(2) Authority at the scene: At scenes of reportable deaths when the initial determination is that criminality exists, the police agency shall be primarily responsible for conducting the investigation at the scene. This investigation shall include the representatives of the office of the medical investigator who will view the scene and take appropriate photographs prior to disturbance of any item within the scene. Only when both the law enforcement official having jurisdiction and the OMI representative are satisfied that the investigation is complete enough to warrant moving the body shall the body then be examined by the OMI representative. During this examination, the representative of the OMI will provide as much information as possible to the law enforcement agency regarding a possible cause and manner of death. Nothing shall be done at this point that will taint, tamper with or disturb any item on the body that may subsequently require examination by a specified pathologist during the course of his external or internal examination. When the initial determination at a scene is that no criminality exists, the representative of the OMI shall assume primary responsibility and may direct the law enforcement agency to provide security for the scene. In cases of vehicular deaths, the law enforcement agency remains the primary investigator of the circumstances.

(3) Evidence at the scene: Any item deemed evidentiary by law enforcement definition, whether criminal charges exist or not, shall belong to that law enforcement agency having jurisdiction; such evidence at a death scene may be requested by the state medical investigator to accompany the body to aid in the examination and subsequent findings. The chain of custody is to be maintained and documented by the OMI, and all items shall be receipted back to that law enforcement agency. No item identified as evidence by a law enforcement agency shall remain in the custody of the state medical investigator longer than is required to examine that evidence.

(4) Preservation of the evidence: In assuming custody of a body, the OMI is authorized to remove anything that is on or in the body, to secure and analyze that material where appropriate, and to be responsible for the formal reporting of that analysis, the safekeeping of that material, and the receipting of that material to a law enforcement agency, where appropriate, for their retention and analysis. Specimens retained by the OMI are held for specified periods of time. Prior to disposal, the respective district attorney is advised.

(5) Body not at the scene: When the body has been removed from the scene of the death for medical examination, the first responsibility of the representative of the OMI shall be to respond to the location of the body in order to pronounce death (if not performed by a physician) and to assume custody of the body. Any subsequent scene investigation is to be performed after the body is secured, sealed and held within a morgue facility or turned over to an authorized transport company. There will be cases where no scene investigation is possible.

(6) Removal from a scene: Only a representative of the OMI may order a body removed from the scene.

(7) Subpoena of records: A representative of the OMI may issue and serve a subpoena within the state of New Mexico for the production of evidence by any necessary witness.

N.M. Admin. Code § 7.3.2.11

Recompiled 10/31/01