N.M. Admin. Code § 7.3.2.20

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

Section 7.3.2.20 - AGENCIES

A. Citations and regulations:

(1)50-9-4 NMSA 1978: The agency is the state occupational health and safety agency for all purposes under federal legislation relating to occupational health and safety and may take all action necessary to secure to this state the benefits of that legislation.

(2)69-5-17 NMSA 1978: The state mine inspector shall proceed immediately upon notification to the site of any mine accident causing the loss of life or imminent danger and assist in the rescue of persons within the mine, investigate the causes of the accident, conduct a closeout conference and make necessary recommendations for the present and future safety of the miners. So far as possible, the operator shall not change the surroundings of an accident until the state mine inspector has made his investigation, provided, however, that such investigation is made within a reasonable time.

(3) Document - Department of Transportation, Federal Aviation Administration, Aircraft Accident and Incident Notification, Investigation and Reporting, 7/76, Document #8020.11. 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.

(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. 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.

(b) The coroner/medical examiner should be contacted to arrange for autopsy/toxicology studies.

(4) Regulation - bureau of Indian affairs 1968, IAM 3.13 AND 3.13.2, Relations with Other Services and Agencies.

(a) Autopsy service. The policy is that where the United States attorney requests a postmortem autopsy on a human body and the case comes within the purview of the federal courts, the FBI will pay the expenses for the transportation of the corpse, the use of an operating room (usually a mortician's facility), and the fees of the medical officer performing the examination. The expenses incident to autopsy service prior to referral to the U. S. attorney may not be the responsibility of the FBI. The FBI will not pay burial expenses incident to such cases.

(b) Land surveys. In substantially all cases where the FBI investigates a crime on an Indian reservation pursuant to special laws applicable to Indian reservations, it is necessary to establish legal jurisdiction by determining the focus and status of the land on which the crime occurred. The bureau of Indian affairs has the responsibility to determine this requirement and for the payment of any land surveys incident thereto. Bureau officers should familiarize themselves with the location, custody, and availability of land records and the identity of Indian bureau or bureau of land management personnel who are qualified to testify thereto. Working arrangements should be established within Indian bureau facilities to provide for these surveys and to provide personnel qualified to make and testify to land surveys in court. This is an important prerequisite in federal and state prosecutions and cannot be overlooked. This information shall be made available to the FBI and the United States attorney. It will also be furnished to state prosecuting attorneys where such surveys develop that crimes being investigated occurred on non-federal jurisdiction lands.

(5)32-1-15 NMSA 1978:

(a) Any licensed physician, resident or intern examining, attending or treating a child, any law enforcement officer, registered nurse, visiting nurse, schoolteacher or social worker acting in his official capacity or any other person knowing or suspecting that a child is an abused or neglected child shall report the matter immediately to:

(i) the criminal prosecution division of the office of the district attorney.

(ii) the county social services office of the human services department in the county where the child resides; or

(iii) the probation services office of the judicial district in which the child resides.

(b) An oral report shall be made promptly by the recipient of the report under Paragraph 2 or 3 of Subsection A [now (ii) and (iii) of Subparagraph (a) or Paragraph (5) of Subsection A of 7.3.2.20 NMAC] of this section to the district attorney by telephone or in person, and a written report shall be submitted to the district attorney as soon thereafter as possible. The written report shall contain the names and addresses of the child and his parents, guardians or custodian, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible for the injuries.

(6) Memorandum 6-6 - Veteran's administration, medical center, Albuquerque, NM, April 18, 1984

(7) Responsibility to report deaths to the office of the medical investigator.

B. Policy: The office of the medical investigator shall appear and assume custody of the body in all cases of sudden and unexpected deaths occurring within the state of New Mexico. In addition to the local law enforcement agency of jurisdiction, certain state and federal agencies are, by law and regulation, to be notified when the specific incident is related to their area of specialization.

(1) Aircraft: In the case of civil aircraft disasters, the federal aviation administration (FAA) and national transportation safety board (NTSB) are to be notified and permitted into the scene of investigation.

(2) Industrial: In the case of work-related industrial accidents, (excluding mining and vehicular) officials of the occupational safety and health agency are to be notified and permitted into the scene of investigation.

(3) Mining: In the case of mining deaths, the state mine inspector (mining safety agency) is to be notified and permitted into the scene of investigation.

(4) Contagious disease: In cases of contagious diseases, in particular botulism, meningococcal infections and the plague, but including the entire list of notifiable diseases/conditions published by the epidemiology office of the New Mexico health and environment department, that department is to be notified and supplied with information of the incident.

(5) Consumer product: In cases of consumer products being involved or present, the consumer product safety commission is to be notified and supplied with information of the incident.

(6) Federal jurisdiction: In cases where the death appears to be on federal land, the FBI or appropriate branch of the military shall be notified.

(7) Child abuse: In all cases of suspected child abuse, the human services department of the local county shall be notified and supplied with information of the incident and postmortem examination.

(8) Current list: The agencies cited here are required to provide the OMI with a current list of representatives to be notified for response within the state of New Mexico.

N.M. Admin. Code § 7.3.2.20

Recompiled 10/31/01