N.M. Admin. Code § 7.3.2.18

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

Section 7.3.2.18 - DISASTER

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, 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 public official so notified, shall in turn notify either, or both, the appropriate law enforcement authorities or the office of the state or district medical investigator. 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) Document - department of transportation, federal aviation administration, "Aircraft Accident and Incident Notification, Investigation, and Reporting", JULY, 1976, document #8020.11. In carrying out its duties under this title, the board is authorized to examine and test to the extent necessary any civil aircraft, aircraft engine, propeller, appliance, or property aboard an aircraft involved in an accident in air commerce. In the case of any fatal accident, the board is authorized to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident, end to conduct autopsies or such other tests thereof as may be necessary to the investigation of the accident: Provided, that to the extent consistent with the needs of the accident investigation, provisions of local laws protecting religious beliefs with respect to autopsies shall be observed.

(3) Obtaining autopsy. A strong attempt should be made to obtain an autopsy on the crew and members in every fatal general aviation accident. It is also desirable to obtain complete skeletal x-rays in certain accidents. Even in extreme cases of incineration, blood and tissue can often be obtained for studies. The heart in such cases is often intact and will be found to contain blood suitable for carbon monoxide, cyanide, ethyl alcohol, and other studies. In "survivable" accidents, a general x-ray survey of the body is desired. Simple fractures are often missed on autopsy. Many fatal accidents in general aviation fall in the survivable category.

(a) Pre-crash planning. Embalming invalidates most toxicological studies. Obtaining the early cooperation and understanding of the local coroner/medical examiner results in smoother operation in this area of the investigation.

(b) When the AME is the first federal representative at the scene, he should request that local authorities guard the wreckage.

(c) The coroner/medical examiner should be contacted to arrange for autopsy/toxicology studies. The state or local police may be of help in this communication. Good communication is the key to a well-conducted investigation and the local law enforcement agency, e.g., state police, is an effective place for the AME to keep in contact concerning the whereabouts of the coroner/medical examiner.

(i) If the AME does not personally know the coroner or mortician, he should introduce himself as the authorized AME of the federal aviation administration. This will establish the proper rapport. The coroner can be of great assistance to the investigation but sometimes is not fully oriented to the aviation medical aspects.

(ii) After autopsy permission has been secured, it is then determined whether it will be done by a local pathologist or by an FAA consultant pathologist.

(4) Federal Aviation Act of 1958, Title 7, Aircraft Accidents. Procedures.

(5) National Transportation Safety Board, Public Notice PN-1. Scope of authority.

B. Policy:

(1) When a situation occurs that causes death to individuals and presents complications that prevent the timely retrieval of bodies and/or the subsequent identification of those bodies, a disaster can be stated to have occurred.

(2) The office of the medical investigator is charged with taking custody of all bodies in situations deemed disasters, with the responsibility for the identification of those remains, the determination of a cause and manner of death, and the timely release of those remains to the family.

(3) The office of the medical investigator shall establish and maintain a current written disaster plan and shall supply a copy to appropriate individuals or agencies. Further, a list of all agencies that may be required to respond to the scene of a particular disaster shall be maintained in the central office of the medical investigator, and all telephone numbers and contact directions shall be kept in an up-to-date fashion.

N.M. Admin. Code § 7.3.2.18

Recompiled 10/31/01