N.M. Admin. Code § 7.3.2.14
Current through Register Vol. 35, No. 23, December 10, 2024
Section 7.3.2.14 - RECORDSA. Citations and Regulations: (1)24-11-6 NMSA 1978 B: In those cases where the death resulted from a motor vehicle accident on a public highway, and the state, district or deputy medical investigator performs or causes to be performed a test or tests to determine the alcoholic content of the deceased's blood, a copy of the report of this test shall be sent to the planning division of the state highway department for the department's use only for statistical purposes. The copy of the report sent to the planning division of the state highway department of the results shall not contain any identification of the deceased and shall not be subject to judicial process.(2)24-11-8 NMSA 1978 - 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 state or district medical investigator shall send a complete record of the medical investigation in any case, including a transcript of the testimony of witnesses examined at any inquest.(3) Memorandum: "Records of the office of the medical investigator" legal opinion, university of New Mexico legal counsel, September 1983: Public records: Internal correspondence is protected by executive privilege; Records from other agencies are exempt.(4) COMPLIANCE GUIDE - The Inspection of Public Records Act, Sections 14-2-1, to 14-2-3, NMSA 1978, state of New Mexico, office of the attorney general, September 30, 1980.B. Policy: Records documenting the investigation and subsequent findings of those investigations of deaths reported to the OMI are prepared and stored and made available for appropriate and legitimate requests. The central OMI is the record repository, and all reports, investigative findings, slides and photography and any other material gathered during a death investigation anywhere in the state shall be forwarded to the central office. The information gathered in the course of these investigations is compiled at public expense. Therefore, any person having a legitimate cause for requesting specific reports or any information concerning the cause and manner of death, may do so from the central OMI and shall receive the reports after prepaying an administrative processing fee. Computer generated statistics are available upon legitimate request and prepayment of a designated fee. Internal correspondence, represented by reports, memoranda, opinions, photographs or other parts of a case file are protected by executive privilege and may be released only by specific authorization of the chief medical investigator when a legitimate purpose has been demonstrated and an administrative processing fee has been received. Records within case files obtained from other agencies, including hospitals, mental health facilities, law enforcement agencies, or physicians' records, may not be released by the OMI. These documents must be requested from the primary source of the record. (1) Maintain records - provide reports: A subpoena duces tecum is a court order to appear at a court hearing and to bring specified records to that hearing. The term "all files and/or records" shall mean the entire file. When records within the OMI file are copies of records generated by other agencies, such as a hospital or law enforcement agency, the subpoenaing agency must be so advised. The records and reports of the OMI that are created at public expense and, therefore, are considered public record, are the final report of death, the autopsy report, and the toxicology report. The final report of death contains the summary of the investigation and lists the appropriate district attorney and law enforcement agency having jurisdiction. Both of these agencies are routinely provided, copies of these reports at no charge. It is prepared by the responsible deputy medical investigator and recorded in final form at the central office. The cause and manner of death are provided on this report. The autopsy report is prepared by the designated pathologist following an internal examination. The toxicology report is prepared by the state laboratory eivision at the request of the OMI. It reflects results of only those tests requested. In those cases where the death resulted from a motor vehicle accident on a public highway, a copy of the report of any test made upon the deceased for blood alcohol shall be provided to the planning division of the state highway department for statistical purposes. The report shall contain no identification of the deceased and shall not be subject to the judicial process.(2) Information to the public: The information gathered in the course of an OMI investigation forms a public record. Any person having a legitimate reason to review the information may do so at the office of the medical investigator. Police, hospital or physicians' records acquired by the OMI in the course of the investigation are exempt from public viewing and must be obtained from the originating agency. Once the identification of an individual has been determined by the OMI or any other agency, it is the responsibility of the local law enforcement agency to assure that next of kin has been notified prior to releasing the identity to the media.N.M. Admin. Code § 7.3.2.14