Chapter 24, Chapter 24

A person that acquires an automated external defibrillator shall ensure that: A. a trained targeted responder is designated to oversee all aspects of the automated external defibrillator program, including training, emergency medical services coordination, protocol approval and a…

A person may acquire an automated external defibrillator if the person has met all the requirements of Section 24-10C-4 NMSA 1978. Nothing in this section limits the right of a person to practice a health profession that the person is otherwise authorized to practice in accordanc…

Nothing in the Cardiac Arrest Response Act precludes a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice from prescribing an automated external defibrillator to a patient for use by the…

A. The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compl…

This act [24-10D-1 to 24-10D-5 NMSA 1978] may be cited as the "Sexual Assault Survivors Emergency Care Act". History: Laws 2003, ch. 91, § 1.

As used in the Sexual Assault Survivors Emergency Care Act: A. "department" means the department of health; B. "emergency care for sexual assault survivors" means medical examinations, procedures and services provided by a hospital to a sexual assault survivor following an allege…

care. A. A hospital that provides emergency care for sexual assault survivors shall: (1) provide each sexual assault survivor with medically and factually accurate and objective written and oral information about emergency contraception; (2) orally and in writing inform each sexu…

No later than September 30, 2003: A. a hospital shall ensure that all personnel who provide care to sexual assault survivors are trained to provide medically and factually accurate and objective information about emergency contraception; and B. the department shall adopt rules re…

A. Complaints of failure to provide services required by the Sexual Assault Survivors Emergency Care Act may be filed with the department. B. The department shall immediately investigate every complaint it receives regarding failure of a hospital to provide services required by t…

This act [24-10E-1 to 24-10E-7 NMSA 1978] may be cited as the "Trauma System Fund Authority Act". History: Laws 2006, ch. 13, § 1.

The purpose of the Trauma System Fund Authority Act is to provide funding to sustain existing trauma centers, support the development of new trauma centers and develop a statewide trauma system. History: Laws 2006, ch. 13, § 2.

As used in the Trauma System Fund Authority Act: A. "authority" means the trauma system fund authority; B. "department" means the department of health; C. "fund" means the trauma system fund; D. "secretary" means the secretary of health; and E. "statewide trauma system" means a c…

A. The "trauma system fund authority" is created. The authority is administratively attached to the department. B. The authority shall consist of at least nine members, all of whom shall be appointed by and serve at the pleasure of the governor. The membership of the authority sh…

The authority shall: A. develop criteria by which distribution of funds to existing trauma centers and potential new centers will occur; B. receive applications and determine and monitor the actual distribution of money from the fund that will support the development of a statewi…

A. The "trauma system fund" is created in the state treasury. The fund shall consist of money appropriated and transferred to the fund, money received by the authority from any public or private source and tax revenues distributed to the fund by law. Interest earned on investment…

The department shall promulgate rules to carry out the provisions of the Trauma System Fund Authority Act. History: Laws 2006, ch. 13, § 7.

compensation. There is created the "board of medical investigators", consisting of the dean of the university of New Mexico school of medicine, the secretary of health, the chief of the New Mexico state police, the chair of the board of funeral services and the secretary of India…

A. It is unlawful to: (1) 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 (2) willfully and unnecessarily touch, remove or disturb any dead body …

A. The board of medical investigations [investigators] shall meet at least annually and as often as necessary to conduct the business of the board. Additional meetings may be called by the chairman or by a majority of the members of the board. B. At the first annual meeting of th…

A. The state medical investigator shall be a physician licensed to practice in New Mexico. Insofar as practicable, the medical investigator shall be trained in the fields of pathology and forensic medicine. B. The state medical investigator shall maintain his office at the school…

As used in the New Mexico Statutes Annotated, 1978 Compilation, "coroner" means the district medical investigator. History: 1953 Comp., § 15-43-43.1, enacted by Laws 1971, ch. 112, § 10.

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 publi…

A. If, after viewing the body, notifying the law enforcement agency with jurisdiction and making an investigation, the state or district medical investigator is satisfied that the death was not caused by criminal act or omission and that there are no suspicious circumstances abou…

consultation and certification required. A. The state medical investigator shall make reasonable efforts to determine if a deceased person is a member of a federally recognized Indian nation, tribe or pueblo. If a deceased person has been determined to be a member of a federally …

If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obs…

The state or district medical investigator shall promptly report his findings, or the findings of a deputy medical investigator that has performed an investigation under his direction, to the district attorney in each death investigated. Upon request of the district attorney, the…

The state, district or deputy medical investigator may administer oaths 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 s…

of person designated on record of emergency data form to direct burial; unclaimed decedents. A. As used in this section: (1) "due diligence" means the reasonable steps taken to satisfy the legal requirement relating to the disposition of dead bodies, including attempts to identif…

disposition of unclaimed body; transmission of records of institution. A. Upon the determination that a body is unclaimed, the medical investigator shall retain the body for use only for medical education or shall certify that the body is unnecessary or unsuited for medical educa…

A. A person who conducts a post-mortem examination on an unclaimed body without express permission of the medical investigator is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. A person who unlawfully disposes of, uses o…

required. A. An autopsy or post-mortem examination may be performed on the body of a decedent by a physician or surgeon whenever consent to the procedure has been given by: (1) written authorization signed by the decedent during the person's lifetime; (2) authorization of a perso…

A. An adult may authorize the adult's own cremation and the lawful disposition of the cremated remains by: (1) stating the desire to be cremated in a written statement that is signed by the adult and notarized or witnessed by two persons; or (2) including an express statement in …

disposition. A. Except as provided in Subsection B of this section, if a decedent has left no written instructions regarding the disposition of the decedent's remains, the following persons are legal next of kin, in the order listed, and shall determine the means of disposition, …

An unclaimed body, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any othe…

For the purposes of Chapter 24, Article 13 NMSA 1978, a dead body that has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of each county in this…

A decedent shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if the decedent's estate is insufficient to cover the cost of burial or cremation or if the decedent's body is unclaimed. History: Laws 1939, ch. 224, § 2; 1941 Comp., § 73-205; 1953…

If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation or burial, invoices for the expenses shall be forwarded to the executor of the estate of the decedent, and such person shall pay the expenses out of the decedent's estat…

grave. The county after proper investigation shall cause an unclaimed decedent to be decently interred or cremated. The cost to be paid by the county of opening and closing a grave shall not exceed one thousand dollars ($1,000), which sum shall be in addition to the sums enumerat…

liability. The board of county commissioners of any county within this state may authorize payment for the burial or cremation of an unclaimed decedent, as defined in Section 24- 13-1 NMSA 1978. All available assets of the deceased may be used to reimburse the county for the cost…

Should a funeral director or other person allowed by law to conduct the business of a funeral director accept money from the relatives or friends of a decedent whom the county has determined to be an unclaimed decedent, the funeral director shall immediately notify the county of …

If a funeral director or other person authorized by law to conduct the business of a funeral director receives or contracts to receive any money or thing of value from relatives or friends of an unclaimed decedent whose burial or cremation expenses are paid or to be paid by the c…

The various district attorneys of this state are hereby expressly empowered and directed to enforce the provisions of this act [24-13-1 to 24-13-8 NMSA 1978] on behalf of the various counties which they represent. History: Laws 1939, ch. 224, § 8; 1941 Comp., § 73-211; 1953 Comp.…

Chapter 24, Article 14 NMSA 1978 may be cited as the "Vital Statistics Act". History: 1953 Comp., § 12-4-23, enacted by Laws 1961, ch. 44, § 1; 2013, ch. 183, § 1.

A. In order to promote and maintain uniformity in the system of vital records and health statistics, the forms of certificates, reports and other returns required by the Vital Statistics Act or by regulations adopted pursuant to that act shall include as a minimum the items recom…

A. A certificate of birth for each live birth that occurs in this state shall be filed with the bureau or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section. When …

A. Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within ten days the following information: (1) the date and place of finding; (2) sex, color or race and approximate age of child; (3)…

A. When the birth of a person born in this state has not been registered, a certificate may be filed in accordance with regulations of the department. The certificate shall be registered subject to evidentiary requirements prescribed by regulation to substantiate the alleged fact…

A. If a delayed certificate of birth is rejected under the provisions of Section 24-14- 15 NMSA 1978, a petition may be filed with a court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. B. The…

paternity determination. A. The state registrar shall establish a new certificate of birth for a person born in this state when he receives the following: (1) a report of adoption as provided in this section, a report of adoption prepared and filed in accordance with the laws of …

A. The state registrar shall establish a certificate of birth for a person of foreign birth adopted under New Mexico law when the registrar receives: (1) a certified copy of a judgment of adoption granted by the court; (2) an order issued by the court to establish a certificate o…