Chapter 24 — Chapter 24

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 …

History: 1953 Comp., § 12-4-39.1, enacted by Laws 1977, ch. 206, § 2; 1981, ch. 309, § 12; 1978 Comp., § 24-14-18, repealed by Laws 2026, ch. 48, § 1.

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…

As used in the Vital Statistics Act: A. "vital statistics" means the data derived from certificates and reports of birth, death, spontaneous fetal death and induced abortion and related reports; B. "system of vital statistics" includes the registration, collection, preservation, …

A. A death certificate for each death that occurs in this state shall be filed within five days after the death and prior to final disposition. The death certificate shall be registered by the state registrar if it has been completed and filed in accordance with this section, sub…

A. When a death occurring in this state has not been registered, a certificate may be filed in accordance with regulations of the board of medical investigators. The certificate shall be registered subject to evidentiary requirements as prescribed by regulation to substantiate th…

A. Each spontaneous fetal death that occurs in this state after the fetus has attained a gestational age of at least twenty weeks, or if gestational age is unknown when the fetus weighs not less than three hundred fifty grams, shall be reported to the state registrar within ten d…

A. The state registrar shall establish a certificate of still birth. A person required to report a spontaneous fetal death shall inform a woman who has delivered under circumstances in which a spontaneous fetal death has occurred, or a family member whom the woman designates, tha…

A. For deaths or spontaneous fetal deaths which have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer. B. A burial-…

A. The department may, by regulation and upon conditions as it may prescribe to assure compliance with the purposes of the Vital Statistics Act, provide for the extension of the periods prescribed in Sections 24-14-20, 24-14-22 and 24-14-23 NMSA 1978 for the filing of death certi…

A. A certificate or report registered under the Vital Statistics Act may be amended only in accordance with that act and regulations adopted by the department pursuant to that act to protect the integrity and accuracy of vital records and health statistics. B. Upon receipt of a c…

To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic or other reproductions of original records and files in his office. The reproductions when certified by him shall be accepted as the original record. The documents from w…

A. The state registrar or other custodian of vital records shall not permit inspection of or disclosure of information contained in vital records or copying or issuance of a copy of all or part of any record except as authorized by law. B. The department shall provide access to r…

A. In accordance with the Vital Statistics Act and the regulations adopted pursuant to that act: (1) the state registrar shall, upon receipt of a written application, issue a certified copy of any certificate or record in the state registrar's custody to anyone demonstrating a ta…

A. The fee for each search of a vital record to produce a certified copy of a birth certificate shall be ten dollars ($10.00) and shall include one certified copy of the record, if available. A fee shall not be charged for a certified copy of a birth certificate of a homeless ind…

There is created in the state treasury a fund to be known as the "day-care fund". The fund shall be invested by the state treasurer as other state funds are invested. The fund shall consist of distributions of revenue collected since July 1, 1987 and future revenues collected pur…

There is established in the department a "vital records and health statistics bureau" for the purpose of installing, maintaining and operating a system of vital statistics throughout this state and carrying out all regulations relating to vital records and health statistics estab…

A. Any person having knowledge of the facts regarding any birth, death, spontaneous fetal death or induced abortion shall furnish this information upon demand to the state registrar. B. Not later than the tenth day of the month following the month of occurrence, each funeral serv…

A. Except for violations of Section 24-14-18 NMSA 1978 [repealed], any person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, who willfully and knowingly: (1) makes any false statement or supplies any false info…

The secretary of the department shall appoint the state registrar in accordance with the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1953 Comp., § 12-4-26, enacted by Laws 1961, ch. 44, § 4; 1973, ch. 264, § 3; 2009, ch. 215, § 12.

A. The state registrar shall: (1) administer and enforce the Vital Statistics Act and regulations issued pursuant to it and issue instructions for the efficient administration of the system of vital records and health statistics; (2) direct and supervise the system of vital recor…

ANNOTATIONS Repeals. — Laws 1981, ch. 309, § 26, repealed 24-14-6 NMSA 1978, as enacted by Laws 1961, ch. 44, § 6, relating to registration districts, effective March 21, 1981.

The state registrar: A. may appoint local registrars in order to carry out the provisions of the Vital Statistics Act; and B. may remove local registrars for reasonable cause. History: 1953 Comp., § 12-4-29, enacted by Laws 1961, ch. 44, § 7; 1981, ch. 309, § 4.

The local registrar shall: A. administer and enforce the provisions of the Vital Statistics Act and instructions, rules and regulations issued pursuant thereto; B. require that certificates be completed and filed in accordance with the Vital Statistics Act and the rules and regul…

Chapter 24, Article 14A NMSA 1978 may be cited as the "Health Information System Act". History: Laws 1989, ch. 29, § 1; 1994, ch. 59, § 2.

A. It is unlawful for any person subject to the data reporting requirements of the Health Information System Act and the regulations adopted pursuant to that act not to comply with any of those requirements. B. A civil action may be brought in the name of the state alleging a vio…

The secretary of health shall appoint a health information system advisory committee to advise the department in carrying out the provisions of the Health Information System Act. The secretary shall establish the membership and duties of the committee by rule. History: Laws 2015,…

As used in the Health Information System Act: A. "aggregate data" means data that are obtained by combining like data elements in a manner that precludes specific identification of a single client; B. "data source" or "data provider" means a person that possesses health informati…

department. A. The "health information system" is created for the purpose of assisting the department, legislature and other agencies and organizations in the state's efforts in collecting, analyzing and disseminating health information to assist: (1) in the performance of health…

History: Laws 1994, ch. 59, § 13; repealed Laws 2005, ch. 321, § 14.