N.M. Admin. Code § 7.3.2.16

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

Section 7.3.2.16 - TRANSPORTATION

A. Citations and regulations:

(1)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 . . . . 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.

(2) Regulation - state corporation commission of New Mexico, New Mexico ambulance tariff no. 3-B, June 8, 1972. Containing rates, rules, regulations and charges governing the transportation of persons alive or dead or dying en route by means of ambulance service in the state of New Mexico.

B. Policy:

(1) Only the medical investigator or his/her representative may authorize removal of a body from the scene of death.

(a) Authority may be granted by telephone or other means of communication when he/she does not attend the actual scene of death.

(b) Authority may be granted by the medical investigator to remove the body to a hospital or other medical facility for official pronouncement of death prior to transportation to the designated place for examination or subsequent funeral arrangements.

(2) Transportation may be conducted by:

(a) a funeral director designated by the family to conduct subsequent funeral arrangements.

(b) public conveyance designated for the purpose of transporting bodies.

(c) a licensed commercial ground carrier holding a valid permit for such transportation within the state of New Mexico.

(d) a licensed commercial air carrier with an operating certificate issued by the FAA.

(3) The office of the medical investigator does not contract with any individual or agency for transportation services. Service providers are chosen based on cost, availability and timeliness. Authority for all such transportation will originate with the medical investigator.

(4) Payment for all transportation authorized by the medical investigator will originate at the central office of the medical investigator in Albuquerque, New Mexico. Payment will be approved only upon receipt of the original invoice itemizing the following:

(a) the name of the deceased;

(b) date of transportation;

(c) location from which the body was transported;

(d) location to which the body was transported;

(e) total loaded miles of transportation;

(f) response charge;

(g) charge per mile;

(h) name of the deputy or district medical investigator who authorized such removal.

(5) The medical investigator pays only those transportation charges incurred to conduct the investigation and subsequent examination. This does not include any charge ordinarily incurred when the OMI does not assume jurisdiction.

(6) Authorized payments for transport:

(a) must be submitted by agencies chartered by New Mexico state corporation commission to transport dead bodies.

(b) transportation from the scene of death to a designated place for storage and examination other than a mortuary designated to conduct subsequent preparation or funeral arrangements;

(c) transportation to return remains from the place of examination to the locality where the remains were initially discovered.

(7) Unauthorized pay:

(a) any transportation by a transport other than those chartered by the New Mexico state corporation commission to transport dead bodies.

(b) transportation from the scene of death to a mortuary designated to conduct subsequent preparation or funeral arrangements;

(c) transportation from the place of examination to a mortuary within the same locality for subsequent preparation for funeral arrangements;

(d) transportation from the place of examination to a mortuary outside the locality of the place of death;

(e) waiting time unless authorized by the central office.

(8) Miscellaneous transportation fees: The medical investigator may require that bodies be transported in sealed bags or containers for the purpose of preservation of evidence.

(a) Medical investigator will usually supply body bags, if needed, for preserving evidence or to avoid contamination of the transporting vehicle.

(b) If such body bags are supplied by the transporting agency at the request of the medical investigator, the OMI reserves the option of payment for the bag or replacement of the bag with a bag of similar quality.

(c) Body bags or containers supplied by agencies for the purpose of preventing odors and contamination will be returned to those agencies ultimately receiving the body.

N.M. Admin. Code § 7.3.2.16

Recompiled 10/31/01