N.M. Admin. Code § 7.3.2.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.3.2.12 - INVESTIGATION - EXAMINATION

A. Citations and Regulations:

(1)24-11-7 NMSA 1978: 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 obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons, and this testimony, combined with the written report of the pathologist, constitutes an inquest.

(2)24-12-4 NMSA 1978:

(a) An autopsy or postmortem examination may be performed on the body of a deceased person by a physician or surgeon whenever consent to the procedure has been given:

(i) by written authorization signed by the deceased during his lifetime;

(ii) by authorization of any person or on behalf of any entity whom the deceased designated in writing during his lifetime to take charge of his body for burial or other purposes;

(iii) by authorization of the deceased's surviving spouse;

(iv) by authorization of an adult child, parent or adult brother or sister of the deceased if there is no surviving spouse or if the surviving spouse is unavailable, incompetent or has not claimed the body for burial after notification of the death of the decedent.

(v) by authorization of any other relative of the deceased if none of the persons enumerated in Paragraphs 2 through 4 [now (ii) through (iv) of Subparagraph (a) or Paragraph (2) of Subsection A of 7.3.2.12 NMAC] of this subsection are available or competent to give authorization; or

(vi) by authorization of the public official, agency or person having custody of the body for burial if none of the persons enumerated in Paragraphs 2 through 5 [now (ii) through (v) of Subparagraph (a) or Paragraph (2) of Subsection A of 7.3.2.12 NMAC] of this subsection are available or competent to give authorization.

(b) An autopsy or postmortem examination shall not be performed under authorization given under the provisions of Paragraph 4 of Subsection A [now (iv) of Subparagraph (a) or Paragraph (2) of Subsection A of 7.3.2.12 NMAC] of this section by any one of the persons enumerated if, before the procedure is performed, any one of the other persons enumerated objects in writing to the physician or surgeon by whom the procedure is to be performed.

(c) An autopsy or postmortem examination may be performed by a pathologist at the written direction of the district attorney or his authorized representative in any case in which the district attorney is conducting a criminal investigation.

(d) An autopsy or postmortem examination may be performed by a pathologist at the direction of the state, district or deputy medical investigator when he suspects the death was caused by a criminal act or omission or if the cause of death is obscure.

B. Policy: The examination of the body is external only, or both external and internal.

(1) Criteria for examination: In cases where the office of the medical investigator has assumed jurisdiction, the representative of the OMI shall present the results of his initial investigation to the central office to determine whether further investigation is required in determining a cause and manner of death. In all cases where the OMI assumes jurisdiction, regardless of whether or not an autopsy is to be performed, the viewing of the body and taking custody of the body sustains the validity and legality of any report generated by that individual representative of the OMI. In cases where it is determined that an autopsy is to be performed, all the documents produced by the representative of the OMI must accompany the body to the location of the autopsy. These documents, in particular the report of death, provide the authorization for the assigned pathologist to perform the autopsy. Reasons for which medicolegal autopsies are conducted include the following:

(a) determination of the cause and manner of death;

(b) establishment of the identity of the deceased;

(c) to aid in the discovery and prosecution of crime;

(d) protection of innocent persons accused of crime;

(e) disclosure of possible hazards to public health such as:

(i) dangerous drugs, chemicals, food;

(ii) communicable, contagious or infectious disease;

(iii) occupational disease,

(iv) environmental hazards.

(f) to aid in the administration of civil justice including:

(i) life and accident insurance questions;

(ii) worker's compensation liability;

(iii) other problems involving questions of civil liability.

(2) Authorization for autopsy: An autopsy under the jurisdiction of the OMI may be authorized by the state medical investigator or the district attorney. No other authorization or consent is required. Family objections will be considered but will not preclude an autopsy when it is clearly required to fulfill the OMI's legal responsibility. In OMI jurisdiction cases where an autopsy is not required to determine cause and manner of death, the attending physician or family may request that an autopsy be performed. In these cases, the autopsy may be performed at the direction of the attending physician after the family has signed the "Consent to Autopsy." A copy of the findings shall be supplied to the OMI.

(3) Autopsy not required: In cases where the investigator supplies adequate information indicating an autopsy is not required, the district or deputy medical investigator will be advised by the OMI central office of the specific examination procedures to perform upon the body. Termed the "External Examination," the OMI investigator will observe the conditions of the body, document the findings with narrative, drawings and appropriate photographs, and extract from the body the specimens required to ultimately document a cause and manner of death. Specific step-by-step guidelines to this exam are included under "Examination" in the procedures manual.

N.M. Admin. Code § 7.3.2.12

Recompiled 10/31/01