House Bill text for HB0545

HOUSE BILL 545

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO MEDICAL INVESTIGATIONS; ENACTING THE MEDICAL EXAMINERS ACT; CREATING THE OFFICE OF THE CHIEF MEDICAL EXAMINER; CREATING THE BOARD OF MEDICAL EXAMINERS; PROVIDING POWERS AND DUTIES; PROVIDING A STATEWIDE MEDICAL AND LEGAL DEATH INVESTIGATION SYSTEM; PROVIDING FOR TRANSFERS OF PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; PRESCRIBING CRIMINAL AND CIVIL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 18 of this act may be cited as the "Medical Examiners Act".

Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the Medical Examiners Act:

A. "autopsy" means the dissection of a dead body or human remains by a forensic pathologist for the purpose of determining the cause, mechanism or manner of death or the seat of disease and evaluating the clinical diagnoses, obtaining and retaining specimens for specialized testing, retrieving physical evidence, identifying the deceased or educating medical professionals and students;

B. "board" means the board of medical examiners;

C. "body" means the body of a dead human or a part or remains of a dead human;

D. "case" means the investigation and examination of a body;

E. "cause of death" means the underlying disease or injury responsible for setting in motion a series of physiologic events culminating in death;

F. "child" means a person who has reached one year of age and has not yet reached eighteen years of age;

G. "consent autopsy" means an autopsy that is requested by an agency or person and that is performed with the written consent of the designated representative;

H. "designated representative" means the next of kin or other person legally responsible for the body and personal property of a decedent;

I. "extended evaluation" means a delayed examination of a removed organ as part of an autopsy;

J. "external examination" means an inspection or examination of the outer surfaces of a body prior to or without an autopsy;

K. "forensic autopsy" means an autopsy performed by a medical examiner, which may be performed without the consent of the designated representative;

L. "forensic pathologist" means a licensed physician who is certified in forensic pathology by the American board of pathology or who has completed a training program in forensic pathology that is accredited by the accreditation council on graduate medical education and who has been officially qualified for examination in forensic pathology by the American board of pathology or who has an international equivalent;

M. "infant" means a born person who has not yet reached one year of age;

N. "investigation" means a medical and legal inquiry, whether slight or extensive, into a death;

O. "manner of death" means the classification of a death as natural, an accident, a homicide, a suicide or undetermined based in large part on the presence or absence of intent to harm and the presence or absence of injury, the purpose of which is to guide vital statistics nosologists to the correct external causation code in the international classification of diseases;

P. "medical examiner" means a forensic pathologist who investigates and examines deaths under the jurisdiction of the office to determine the condition of a body and to certify the cause and manner of death;

Q. "medical investigator" means a person who is employed by the office to conduct investigations into the circumstances of deaths under the jurisdiction of the office;

R. "next of kin" means an apparent family member or the representative of the family member;

S. "office" means the office of the chief medical examiner;

T. "tribal representative" means a person designated by an Indian nation, tribe or pueblo as a liaison to the office to assist the office with the proper handling of a deceased person who was a member of the Indian nation, tribe or pueblo; and

U. "unattended death" means the death of a person who is not under the care of a health care provider authorized to sign a death certificate pursuant to the Medical Examiners Act, whether or not the death occurred in the physical presence of the health care provider.

Section 3. [NEW MATERIAL] BOARD CREATED.--

A. The "board of medical examiners" is created.

B. The board consists of:

(1) the dean of the university of New Mexico school of medicine, who shall serve as chair;

(2) the secretary of health or the secretary's designee;

(3) the chief of the New Mexico state police or the chief's designee;

(4) the chair of the board of thanatopractice or the chair's designee; and

(5) the secretary of Indian affairs or the secretary's designee.

C. The board shall meet at least annually, and as often as necessary, to conduct board business. The chair or a majority of board members may call additional meetings. The chair shall call an additional meeting at the request of the chief medical examiner.

D. The board shall adopt and promulgate rules necessary or appropriate to carry out the provisions of the Medical Examiners Act.

Section 4. [NEW MATERIAL] OFFICE OF THE CHIEF MEDICAL EXAMINER--CREATED.--

A. The "office of the chief medical examiner" is created.

B. The office shall be headed by the "chief medical examiner". The chief medical examiner shall be a board- certified forensic pathologist who has at least three years of post-training experience as a medical examiner and is licensed in New Mexico.

C. The chief medical examiner shall maintain the office at the university of New Mexico school of medicine. The university of New Mexico health sciences center shall provide physical space for the office. The chief medical examiner shall receive a faculty appointment in the department of pathology of the university of New Mexico school of medicine.

D. The office may maintain as many regional facilities as deemed necessary by the chief medical examiner.

E. Subject to appropriations, the chief medical examiner may appoint assistant chief medical examiners, medical examiners and medical investigators as deemed necessary to carry out the provisions of the Medical Examiners Act.

F. The office may enter into contracts to carry out the provisions of the Medical Examiners Act.

Section 5. [NEW MATERIAL] MEDICAL EXAMINERS AND INVESTIGATORS--QUALIFICATIONS.--

A. All assistant chief medical examiners and medical examiners employed by the office shall be licensed physicians.

B. Assistant chief medical examiners and medical examiners shall be certified in forensic pathology by the American board of pathology or have similar international qualifications within three years of hire. Assistant chief medical examiners and medical examiners shall receive faculty appointments in the department of pathology of the university of New Mexico school of medicine.

C. Full-time medical investigators shall obtain registry certification by the American board of medicolegal death investigators within two years of hire.

D. Supervising deputy medical investigators shall have fellow board certification by the American board of medicolegal death investigators within three years of hire.

E. The office may employ part-time field medical investigators to investigate and evaluate potential deaths under the jurisdiction of the office and take custody of a body.

Section 6. [NEW MATERIAL] RECORDS KEPT.--

A. The office shall maintain records of:

(1) investigations;

(2) postmortem inspections and examinations;

(3) autopsies, ancillary studies and consultations;

(4) personal property taken into possession;

(5) transportation and release of bodies and remains;

(6) fees collected; and

(7) any other information deemed necessary by the board.

B. Photographs and medical information may be disclosed in research and educational publications and forums, provided that all identifying information has been removed.

C. The identity of a body and the cause and manner of death shall be matters of public record. Once the identity of a body is determined by the office or any other agency, it is the responsibility of the local law enforcement agency to ensure that the next of kin has been notified.

D. Notwithstanding any other provision of law, photographs kept as part of the final case investigation records by the office shall be released only upon authorization of the chief medical examiner or the chief medical examiner's designee to law enforcement officials, court officers, public health authorities, physicians and designated representatives. All other final case investigation records kept by the office shall be released in accordance with the Inspection of Public Records Act.

Section 7. FEES.--The board shall adopt and promulgate a fee schedule for services provided by the office as follows:

A. an autopsy outside the jurisdiction of the office, not to exceed seven thousand dollars ($7,000);

B. an external examination outside the jurisdiction of the office, not to exceed two thousand dollars ($2,000);

C. a neuropathology consultation, not to exceed three thousand five hundred dollars ($3,500);

D. a training course, not to exceed five thousand dollars ($5,000);

E. an investigation, not to exceed two hundred dollars ($200) plus the cost of all travel-related expenses;

F. forensic pathologist consultation, not to exceed eight hundred dollars ($800) per hour plus the cost of all travel-related expenses;

G. court testimony, not to exceed eight hundred dollars ($800) per hour plus the cost of all travel-related expenses;

H. pronouncement of death at a nursing home by agreement, not to exceed one hundred ten dollars ($110);

I. cremation permit, not to exceed two hundred fifty dollars ($250) per permit;

J. storage of a body, not to exceed ninety dollars ($90.00) per day;

K. computer services consultation, not to exceed one hundred eighty dollars ($180) per hour and access to office database, not to exceed two hundred fifty dollars ($250) per year;

L. production of records, not to exceed seventy dollars ($70.00) per hour plus ten dollars ($10.00) per case;

M. a report or office-generated document, not to exceed twenty dollars ($20.00) plus one dollar ($1.00) per page and the cost of postage;

N. a photographic image, not to exceed fifty dollars ($50.00) plus ten dollars ($10.00) per image and the cost of postage;

O. medical imaging, not to exceed one hundred dollars ($100) plus ten dollars ($10.00) per image and the cost of postage;

P. a histologic slide, not to exceed one hundred dollars ($100) plus twenty dollars ($20.00) per slide and the cost of postage;

Q. a body pouch, not to exceed one hundred dollars ($100); and

R. other materials provided, not to exceed the cost to the office.

Section 8. [NEW MATERIAL] ACCESS TO MEDICAL RECORDS--SUBPOENA POWER.--

A. The office shall be afforded access and authority to copy all relevant medical and mental health records pertinent to an investigation. The office shall keep the collected information confidential, except as disclosed through reports and death certificates issued pursuant to the Medical Examiners Act.

B. The chief medical examiner or the chief medical examiner's designee may:

(1) administer oaths and issue subpoenas to compel attendance of any witness in an investigation;

(2) issue subpoenas duces tecum to require a witness to produce any books, records, documents, files or other things under the control of the person served; and

(3) issue subpoenas for the production of confidential medical records, mental health records, drug and alcohol abuse records and other relevant information from physicians, hospitals, nursing homes, rehabilitation facilities, residential care facilities and other health care providers when conducting an investigation.

C. A subpoena shall state with reasonable certainty the nature of the information required, the time and place where the information shall be produced, whether the subpoena requires the attendance of the person subpoenaed or only the production of documents or other tangible objects and the consequences of failure to obey the subpoena.

D. A subpoena shall be served by personal service upon the person to be subpoenaed or by certified mail addressed to the person at the person's last known address. The service of the subpoena shall be at least three days prior to the required appearance or production. If the subpoena is served by certified mail, proof of service is the affidavit of mailing.

E. After service of a subpoena, if the person served neglects or refuses to comply with the subpoena, the office may apply to the district court of the county where the subpoena was served or the county where the subpoena was responded to for an order compelling compliance. Failure of the person to comply with the district court's order shall be punishable as contempt.

Section 9. [NEW MATERIAL] DUTIES OF THE OFFICE.--

A. The office shall:

(1) make inquiries and investigate, as necessary, a death, an anticipated death, a presumptive death where there is no body and any other death reported to the office to determine jurisdiction and the need for further investigation, postmortem inspection or autopsy;

(2) establish a system and procedures for dealing with deaths falling under the jurisdiction of the office to determine:

(a) the identity of a body;

(b) the condition of the body;

(d) any issues or potential issues of public health and public safety;

(3) in a death to be investigated, take legal custody and transport the body and associated evidence from the place where the body is located to a facility of the office;

(4) file death certificates with the department of health in all cases that are accepted by the office; provided that death certificates shall not be filed in the absence of a body except by court order, by judicial decree or in the case of an emergency;

(5) maintain records of investigated deaths and publish an annual report that includes statistics on causes and manners of death in investigations under the jurisdiction of the office; and

(6) maintain accreditation by the national association of medical examiners.

B. As persons and cultures may have certain requirements and expectations related to postmortem disposition of a body, the office shall be sensitive to the cultural and religious beliefs of designated representatives.

C. The office shall provide testimony in criminal cases upon a valid subpoena. Testimony in civil cases shall be subject to a court testimony fee.

Section 10. [NEW MATERIAL] DEATHS TO BE INVESTIGATED.--

A. The office shall investigate the facts and circumstances concerning all human deaths within the exterior boundaries of New Mexico, exclusive of sovereign tribal domains or federal military or medical installations, regardless of where the death may have occurred, if:

(1) the death appears to be due to violence;

(2) the death is of known or suspected nonnatural causes;

(3) the death appears to be due to exposure to ethanol, toxins or poisons or medicinal or recreational drugs;

(4) the death is of an infant or a child and the death appears to be due to unexpected or unexplained causes;

(5) the deceased, who was not an infant or a child, was in apparent good health and the death appears to be of unexpected or unexplained causes;

(6) the death is an unattended stillbirth;

(7) the death occurs under unusual or suspicious circumstances;

(8) the death is known or suspected to be caused by diseases or other conditions constituting a threat to the public;

(9) the death is of a person in the custody of a governmental agency or a representative of a governmental agency;

(10) the death is unattended by a physician;

(11) the death allegedly resulted from unexpected complications or unintended consequences of medical intervention;

(12) the body is to be cremated, buried at sea or disposed of by means other than burial;

(13) the body is unidentified or unclaimed; or

(14) the cause of death or the manner of death is of public interest.

B. Immediately upon receipt of notification of a death, the office shall determine if it has jurisdiction over the body and, if so, shall:

(1) take charge of the body; and

(2) notify law enforcement authorities when appropriate.

Section 11. [NEW MATERIAL] SCENE INVESTIGATIONS.--

A. An investigation shall be conducted by a medical investigator for potential deaths under the jurisdiction of the office and, where appropriate, shall include timely evaluations of the death scene. The office shall prepare written reports for all cases for which the office takes jurisdiction.

B. A scene investigation may be conducted at the location where a body is discovered as well as other locations thought to bear upon the death of the person.

C. A scene shall be secured by the office or a law enforcement agency and kept free of disturbance.

D. The office shall have the sole jurisdiction and take custody of a body and of clothing, personal effects and evidence on the body.

E. The office may seize and take custody of all other evidence that is pertinent to an investigation and that is not taken by law enforcement personnel.

F. Law enforcement personnel shall notify the office as soon as they become aware of a death falling within the jurisdiction of the office, and the office shall inform appropriate law enforcement personnel before it begins its investigation.

G. Law enforcement personnel shall not obstruct or bar office personnel from access to and retrieval of a body. The office may bar law enforcement personnel from access to the body.

H. Evidence collected by law enforcement personnel shall be made available to the office and vice versa, except where testing is destructive and does not permit further analysis by the other agency.

Section 12. [NEW MATERIAL] POSTMORTEM EXAMINATIONS AND AUTOPSIES.--

A. An investigation, an external examination, an extended evaluation, an autopsy or a forensic autopsy shall be conducted as necessary and may be performed over the implicit or explicit objections, including cultural or religious objections, of the designated representative or other parties.

B. The chief medical examiner shall decide the extent of the investigation or whether to perform an autopsy when the designated representative or other parties raise objections.

C. The office may request laboratory analyses, procedures and expert consultations. The scientific laboratory division of the department of health shall provide laboratory testing to the office.

D. If the office determines that an extended evaluation is required, the forensic pathologist shall make reasonable efforts to explain to the next of kin why the extended evaluation is needed and take into consideration the cultural or religious needs identified by the designated representative or tribal representative. If the decedent was a member of an Indian nation, tribe or pueblo, the office shall work with the tribal representative.

Section 13. [NEW MATERIAL] ORGANS AND TISSUES.--The office may:

A. examine, process, analyze and test organs and tissues and other specimens from a body or order an examination, processing, analysis, testing or consultation by an outside facility;

B. retain organs, tissues and other specimens, including deoxyribonucleic acid specimens, from a body for diagnostic purposes; for future examination or reference; or for processing, quality control, analysis, testing, consultation or evidentiary purposes;

C. release organs and tissues to organ and tissue procurement organizations or allow the harvesting of organs and tissues for transplant purposes when appropriate and with the consent of the designated representative; and

D. release organs and tissues not ordinarily retained for the purposes stated in Subsection B of this section for education, research or other purposes upon the consent of the designated representative.

Section 14. [NEW MATERIAL] DISPOSITION OF BODIES, REMAINS AND PROPERTY.--

A. Upon approval by the chief medical examiner or the chief medical examiner's designee, a body shall be released to the designated representative.

B. An unidentified body shall be held for at least three months by the office. A dental examination, full body radiographs and deoxyribonucleic acid collection shall be performed on all unidentified bodies where possible.

C. When an identified body is not claimed after two weeks, the body may be released for anatomical donation, cremation or burial by the county of residence of the decedent. If the county of residence is unknown or is out of the state, the body shall be cremated or buried by the county in which the body was found.

D. The office may cause a body to be properly embalmed or prepared for preservation for such time as the chief medical examiner deems appropriate.

E. All personal property of the decedent taken into possession by the office shall be catalogued, and a written inventory shall be maintained.

F. Any personal property not held for evidence shall be released to the designated representative within thirty days of the completion of the investigation.

G. If the designated representative is in dispute or is unknown, the office shall retain the personal property until an executor or administrator is appointed by a court of competent jurisdiction. The board shall determine how to dispose of any personal property that is not claimed after six months.

H. A receipt shall be obtained from the designated representative taking custody of the body and personal property from the office.

Section 15. [NEW MATERIAL] EXHUMATIONS.--The office may conduct an exhumation to determine the cause and manner of death, to investigate a public health or safety matter, to obtain evidence or to answer a medical or legal issue. The office shall notify the executor or administrator of the decedent's estate or the designated representative unless exigent circumstances exist.

Section 16. [NEW MATERIAL] APPEALS TO DETERMINATION OF CAUSE AND MANNER OF DEATH.--Appeals of the determination of the cause and the manner of death or other conclusions reached by the office shall be made to the medical examiner who certified the determination. The medical examiner shall initiate a review of the case and shall notify the appellant of the results of the review. If dissatisfied with the conclusions of the review, the appellant may then appeal the case to the chief medical examiner. The chief medical examiner shall initiate a review of the case and shall notify the appellant of the results of the review. The decision of the chief medical examiner shall be final.

Section 17. [NEW MATERIAL] TRIBAL COLLABORATION.--

A. The office shall make reasonable efforts to determine if a decedent was a member of an Indian nation, tribe or pueblo. If a decedent was a member of an Indian nation, tribe or pueblo, and the designated representative or tribal representative offers a cultural or religious objection to an autopsy, the office shall use due diligence to avoid an autopsy and shall use the least invasive means possible to satisfy the office's duties in conducting the investigation.

B. When a decedent was a member of an Indian nation, tribe or pueblo and a forensic autopsy is required, the office shall attempt to provide advance notice of the forensic autopsy to the designated representative or to the tribal representative. The office shall allow a law enforcement officer of the Indian nation, tribe or pueblo of the decedent to be present during the forensic autopsy. The law enforcement officer attending the forensic autopsy shall not interfere with the forensic autopsy procedure and shall follow the health rules governing autopsy procedures. The office shall provide documentation concerning the forensic autopsy, upon request, to the designated representative or, if none is identified, to the tribal representative.

C. After an autopsy has been conducted by the office on a decedent who was a member of an Indian nation, tribe or pueblo, the office shall use all due diligence to consult with the designated representative or the tribal representative regarding the disposition of the body. Unless other treatment of the remains is required for investigation, the office shall replace all body parts. Upon request, the office shall provide written certification to the next of kin, designated representative or tribal representative of the disposition of the body parts.

D. The office shall request that each Indian nation, tribe or pueblo designate a tribal representative that the office may contact.

Section 18. [NEW MATERIAL] REPORTS OF VIOLENT DEATH--PENALTY.--

A. Whoever becomes aware of the sudden, unexpected, violent or nonnatural death of a person or finds a body shall report the death or the body to the appropriate law enforcement agency or the office within a reasonable period of time.

B. Except on authority of the office or until the office has taken custody of the body and completed its investigation, a person shall not:

(1) touch, remove, disturb or conduct an autopsy on a body that is required by law to be reported to the office;

(2) touch, remove or disturb an article or object on or near a body that is required by law to be reported to the office; or

(3) disturb the surroundings of a body that is required by law to be reported to the office.

C. A person who violates Subsection A or B of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for a definite term not to exceed one year or both.

Section 19. Section 24-6B-22 NMSA 1978 (being Laws 2007, Chapter 323, Section 22) is amended to read:

"24-6B-22. COOPERATION BETWEEN OFFICE OF THE [STATE] CHIEF MEDICAL [INVESTIGATOR] EXAMINER AND PROCUREMENT ORGANIZATION.--

A. The office of the [state] chief medical [investigator] examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.

B. If the office of the [state] chief medical [investigator] examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the office of the [state] chief medical [investigator] examiner and a post-mortem examination is going to be performed, unless the office of the [state] chief medical [investigator] examiner denies recovery in accordance with Section [23 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-23 NMSA 1978, the office of the [state] chief medical [investigator] examiner or its designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the anatomical gift.

C. A part [may] shall not be removed from the body of a decedent under the jurisdiction of the office of the [state] chief medical [investigator] examiner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the office of the [state] chief medical [investigator may] examiner shall not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude the office of the [state] chief medical [investigator] examiner from performing the [medico-legal] investigation upon the body or parts of a decedent under the jurisdiction of the office of the [state] chief medical [investigator] examiner."

Section 20. Section 24-6B-23 NMSA 1978 (being Laws 2007, Chapter 323, Section 23) is amended to read:

"24-6B-23. FACILITATION OF ANATOMICAL GIFT FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION OF THE OFFICE OF THE [STATE] CHIEF MEDICAL [INVESTIGATOR] EXAMINER.--

A. Upon request of a procurement organization, the office of the [state] chief medical [investigator] examiner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the office of the [state] chief medical [investigator] examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research or education, the office of the [state] chief medical [investigator] examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the office of the [state] chief medical [investigator] examiner only if relevant to transplantation or therapy.

B. The office of the [state] chief medical [investigator] examiner may conduct [a medico-legal] an investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the office of the [state] chief medical [investigator] examiner that the office of the [state] chief medical [investigator] examiner determines may be relevant to the investigation.

C. A person that has any information requested by the office of the [state] chief medical [investigator] examiner pursuant to Subsection B of this section shall provide that information as expeditiously as possible to allow the office of the [state] chief medical [investigator] examiner to conduct [the medico-legal] an investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research or education.

D. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the office of the [state] chief medical [investigator] examiner and a post-mortem examination is not required, or the office of the [state] chief medical [investigator] examiner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the office of the [state] chief medical [investigator] examiner and the procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research or education.

E. If an anatomical gift of a part from the decedent under the jurisdiction of the office of the [state] chief medical [investigator] examiner has been or might be made, but the office of the [state] chief medical [investigator] examiner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the office of the [state] chief medical [investigator] examiner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the office of the [state] chief medical [investigator] examiner may allow the recovery.

F. Following the consultation pursuant to Subsection E of this section, in the absence of mutually agreed-upon protocols to resolve conflict between the office of the [state] chief medical [investigator] examiner and the procurement organization, if the office of the [state] chief medical [investigator] examiner intends to deny recovery, the office of the [state] chief medical [investigator] examiner or its designee [at the] may request [of the procurement organization, shall] to attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the office of the [state] chief medical [investigator] examiner or its designee may allow recovery by the procurement organization to proceed, or, if the office of the [state] chief medical [investigator] examiner or its designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, may deny recovery by the procurement organization.

G. If the office of the [state] chief medical [investigator or its designee] examiner denies recovery pursuant to Subsection F of this section, the office of the [state] chief medical [investigator or its designee] examiner shall

[(1) explain in a record the specific reasons for not allowing recovery of the part;

(2)] include the specific reasons in the records of the office of the [state] chief medical [investigator; and

(3) provide a record with the specific reasons to the procurement organization] examiner.

H. If the office of the [state] chief medical [investigator] examiner or its designee allows recovery of a part pursuant to Subsection D, E or F of this section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the office of the [state] chief medical [investigator] examiner with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the post-mortem examination.

I. If the office of the [state] chief medical [investigator or its designee is required] examiner requests to be present at a removal procedure pursuant to Subsection F of this section, [upon request] the procurement organization requesting the recovery of the part shall reimburse the office of the [state] chief medical [investigator or its designee] examiner for the additional costs incurred [in complying with the provisions of Subsection F of this section]."

Section 21. Section 24-12-1 NMSA 1978 (being Laws 1973, Chapter 354, Section 1, as amended) is amended to read:

"24-12-1. NOTIFICATION OF RELATIVES OF DECEASED.--

A. State, county or municipal officials having charge or control of a body of a dead person shall use due diligence to notify the relatives of the deceased.

B. If no claimant is found who will assume the cost of burial, the official having charge or control of the body shall notify the office of the chief medical [investigator] examiner stating, when possible, the name, age, sex and cause of death of the deceased.

C. The body shall be embalmed or cremated according to [regulations] rules of the state agency having jurisdiction. After the exercise of due diligence required in Subsection A of this section and the report to the office of the chief medical [investigator] examiner required in Subsection B of this section, the office of the chief medical [investigator] examiner shall be furnished detailed data demonstrating such due diligence and the fact that no claimant has been found. When the office of the chief medical [investigator] examiner has determined that due diligence has been exercised, that reasonable opportunity has been afforded relatives to claim the body and that the body has not been claimed, [he] the office of the chief medical examiner shall issue [his] a certificate determining that the remains are unclaimed. In no case shall an unclaimed body be disposed of in less than two weeks from the date of the discovery of the body."

Section 22. Section 24-12-2 NMSA 1978 (being Laws 1973, Chapter 354, Section 2, as amended) is amended to read:

"24-12-2. DISPOSITION OF UNCLAIMED BODY--TRANSMISSION OF RECORDS OF INSTITUTION.--

A. Upon the issuance of [his] a certificate that the remains are unclaimed, the office of the chief medical [investigator] examiner shall retain the body for use only for medical education or shall certify that the body is unnecessary or unsuited for medical education and release it to the state, county or municipal officials having charge or control of the body for burial. The state, county or municipal officials shall have the body removed for disposition within [three weeks] two weeks from the date on which the office of the chief medical [investigator] examiner released the body.

B. If the body is retained for use in medical education, the facility or person receiving the body for that use shall pay the costs of preservation and transportation of the body and shall keep a permanent record of bodies received.

C. If a deceased person was an inmate of a public institution, the institution shall transmit, upon request of the office of the chief medical [investigator] examiner, a brief medical history of the unclaimed dead person for purposes of identification and permanent record. The records shall be open to inspection by any state or county official or district attorney."

Section 23. Section 24-12-3 NMSA 1978 (being Laws 1973, Chapter 354, Section 3) is amended to read:

"24-12-3. PENALTIES.--

A. Any person who conducts a post-mortem examination on an unclaimed body without express permission of the office of the chief medical [investigator] examiner is guilty of a misdemeanor and shall be punished by imprisonment [in the county jail for not more than one year or by the imposition of] for a definite term not to exceed one year or a fine [of not more than one thousand dollars ($1,000)] not to exceed five thousand dollars ($5,000) or both [such imprisonment and fine].

B. Any person who unlawfully disposes of, uses or sells an unclaimed body is guilty of a fourth degree felony and shall be punished by imprisonment [in the state penitentiary for a term of not less than one year nor more than five years or by the imposition of] for a definite term not to exceed five years or a fine [of not more than] not to exceed five thousand dollars ($5,000) or both [such imprisonment and fine]."

Section 24. Section 24-12-4 NMSA 1978 (being Laws 1965, Chapter 86, Section 1, as amended) is amended to read:

"24-12-4. POST-MORTEM EXAMINATIONS AND AUTOPSIES--CONSENT REQUIRED.--

A. An autopsy or post-mortem examination may be performed on the body of a deceased person by a physician or surgeon whenever consent to the procedure has been given by:

(1) written authorization signed by the deceased during [his] the person's lifetime;

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

(3) authorization of the deceased's surviving spouse;

(4) 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;

(5) authorization of any other relative of the deceased if none of the persons enumerated in Paragraphs (2) through (4) of this subsection is available or competent to give authorization; or

(6) 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) of this subsection is available or competent to give authorization.

B. An autopsy or post-mortem examination shall not be performed under authorization given under the provisions of Paragraph (4) of Subsection A 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 post-mortem 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 post-mortem 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.

E.] C. For purposes of this section, "autopsy" means a post-mortem dissection of a dead human body in order to determine the cause, seat or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnosis, scientific or therapeutic purposes, but "autopsy" does not include an autopsy that is within the jurisdiction of the office of the chief medical examiner."

Section 25. Section 24-14-20 NMSA 1978 (being Laws 1961, Chapter 44, Section 18, as amended) is amended to read:

"24-14-20. DEATH REGISTRATION.--

A. A death certificate for each death in which the cause or manner of death is not under investigation by the office of the chief medical examiner that occurs in this state shall be filed within five days after the death and prior to final disposition. The death certificate shall be registered by the state registrar if it has been completed and filed in accordance with this section, subject to the exception provided in Section 24-14-24 NMSA 1978; provided that:

(1) if the place of death is unknown but the dead body is found in this state, a death certificate shall be filed with a local registrar within ten days after the occurrence. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be approximated by the [state] office of the chief medical [investigator] examiner; and

(2) if death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where the body is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as can be determined by the [state] office of the chief medical [investigator] examiner.

B. The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of a dead body shall:

(1) file the death certificate; [He shall]

(2) obtain the personal data from the next of kin or the best qualified person or source available; [He shall] and

(3) obtain the medical certification of cause of death.

C. The medical certification shall be completed and signed within [forty-eight hours] five days after death by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by law. Except as provided in Subsection D of this section, in the absence of the physician, or with [his] the physician's approval, the medical certification may be completed and signed by [his] the physician's associate physician, the chief medical officer of the institution in which the death occurred or the physician who performed an autopsy on the decedent, provided that individual has access to the medical history of the case, views the deceased at or after death and death is due to natural causes.

D. Unless there is reasonable cause to believe that the death is not due to natural causes, a registered nurse employed by a nursing home may pronounce the death of a resident of the nursing home and a registered nurse employed by a hospital may pronounce the death of a patient of the hospital. The nurse shall have access to the medical history of the case and view the deceased at or after death, and the individual who completes the medical certification shall not be required to view the deceased at or after death. The death shall be pronounced pursuant to procedures or facility protocols prescribed by the hospital for patients or by the physician who is the medical director of the nursing home for residents. The procedures or facility protocols shall ensure that the medical certification of death is completed in accordance with the provisions of Subsection C of this section.

E. For purposes of this section:

(1) "nursing home" means any nursing institution or facility required to be licensed under state law as a nursing facility by the public health division of the department of health, whether proprietary or nonprofit, including skilled nursing home facilities; and

(2) "hospital" means a public hospital, profit or nonprofit private hospital or a general or special hospital that is licensed as a hospital by the department of health.

[F. When death occurs without medical attendance as set forth in Subsection C or D of this section or when death occurs more than ten days after the decedent was last treated by a physician, the case shall be referred to the state medical investigator for investigation to determine and certify the cause of death.

G.] F. An amended death certificate based on an anatomical observation shall be filed within thirty days of the completion of an autopsy."

Section 26. Section 24-14-21 NMSA 1978 (being Laws 1961, Chapter 44, Section 19, as amended) is amended to read:

"24-14-21. DELAYED REGISTRATION OF DEATH.--

A. When a death occurring in this state has not been registered, a certificate of death may be filed in accordance with [regulations] the rules of the board of medical [investigators] examiners. The certificate shall be registered subject to evidentiary requirements as prescribed by [regulation] rule to substantiate the alleged facts of death.

B. Certificates of death registered one year or more after the date of death shall be marked "delayed" and shall show on their face the date of the delayed registration."

Section 27. Section 24-14-22 NMSA 1978 (being Laws 1961, Chapter 44, Section 20, as amended) is amended to read:

"24-14-22. REPORTS OF SPONTANEOUS FETAL DEATH.--

A. Each spontaneous fetal death, where the fetus has a weight of five hundred grams or more, [which] that occurs in this state shall be reported to the state registrar.

B. When a dead fetus is delivered in an institution, the person in charge of the institution or [his] the person's designated representative shall prepare and file the report.

C. When the spontaneous fetal death occurs on a moving conveyance and the fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the dead fetus was found shall be considered the place of fetal death.

D. When a spontaneous fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery or when inquiry is required by law, the [state] office of the chief medical [investigator] examiner shall investigate the cause of fetal death and shall prepare and file the report.

E. The names of the parents shall be entered on the spontaneous fetal death report in accordance with the provisions of Section 24-14-13 NMSA 1978.

F. Except as otherwise provided in this section, all spontaneous fetal death reports shall be completed and filed with the state registrar within ten days following the spontaneous fetal death."

Section 28. Section 24-14-23 NMSA 1978 (being Laws 1961, Chapter 44, Section 21, as amended) is amended to read:

"24-14-23. PERMITS--AUTHORIZATION FOR FINAL DISPOSITION.--

A. For deaths or spontaneous fetal deaths [which] that have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer.

B. A burial-transit permit shall be issued by the state registrar or a local registrar for those bodies [which] that are to be transported out of the state for final disposition or when final disposition is being made by a person other than a funeral service practitioner or direct disposer.

C. A burial-transit permit issued under the law of another state or country [which] that accompanies a [dead] body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.

D. A permit for disinterment and reinterment shall be required prior to disinterment of a [dead] body or fetus except as authorized by [regulation] rule or otherwise provided by law. The permit shall be issued by the state registrar or the office of the chief medical [investigator] examiner to a licensed funeral service practitioner or direct disposer.

E. A permit for cremation of a body shall be required prior to the cremation. The permit shall be issued by the [state registrar or state] office of the chief medical [investigator] examiner to a licensed funeral service practitioner, direct disposer or any other person who makes the arrangements for final disposition."

Section 29. Section 61-32-20 NMSA 1978 (being Laws 1993, Chapter 204, Section 20, as amended) is amended to read:

"61-32-20. EMBALMING.--

A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the establishment or crematory shall be embalmed in accordance with the Thanatopractice Act or stored under refrigeration as determined by board rule, unless otherwise required by [regulation] rule of the office of the [state] chief medical [investigator] examiner or the secretary of health or by orders of an authorized official of the office of the [state] chief medical [investigator] examiner, a court of competent jurisdiction or other authorized official.

B. A dead human body shall not be embalmed except by a funeral service practitioner, an associate funeral service practitioner or a funeral service intern under the supervision of a funeral service practitioner.

C. When embalming is not required under the provisions of this section, a dead human body shall not be embalmed without express authorization by the:

(1) surviving spouse or next of kin;

(2) legal agent or personal representative of the deceased; or

(3) person assuming responsibility for final disposition.

D. When embalming is not required, and prior to obtaining authorization for the embalming, a dead human body may be washed and other health procedures, including closing of the orifices, may be performed without authorization.

E. When a dead human body is embalmed, the funeral service practitioner or associate funeral service practitioner who embalms the body or the funeral service intern who embalms the body and the funeral service practitioner who supervises the embalming shall, within twenty-four hours after the embalming procedure, complete and sign an embalming case report describing the elapsed time since death, the condition of the remains before and after embalming and the embalming procedures used. The embalming case report shall be kept on file at the establishment for a period of not less than seven years following the embalming.

F. Except as provided in Subsection A of this section, embalming is not required."

Section 30. Section 61-32-25 NMSA 1978 (being Laws 1993, Chapter 204, Section 25) is amended to read:

"61-32-25. ADDITIONAL PROHIBITIONS.--

A. No person licensed [under] pursuant to the provisions of the Thanatopractice Act shall advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another license holder or that may cause confusion or misunderstanding.

B. No person licensed [under] pursuant to the provisions of the Thanatopractice Act shall transport or cause to be transported by common carrier any dead human body out of this state when the licensee knows or [had] has reason to believe that the dead human body carries any notifiable communicable disease or when the transportation would take place more than twenty-four hours after death, unless the body has been prepared or embalmed as provided in the Thanatopractice Act, unless approval for transportation has been given by the office of the chief medical [investigator] examiner, the secretary of health, a court of competent jurisdiction or other authorized official or unless the body is placed in a sealed container.

C. No person licensed [under] pursuant to the provisions of the Thanatopractice Act shall remove, and no authorized person shall embalm, a dead human body when the authorized person has information indicating crime or violence of any sort in connection with the cause or manner of death, unless in accordance with instructions [or regulations] of the office of the chief medical [investigator] examiner or until permission has been obtained from the office of the chief medical [investigator] examiner or other authorized official."

Section 31. TEMPORARY PROVISION--TRANSFERS--STATUTORY REFERENCES.--On July 1, 2009:

A. all appropriations, money, personnel, records, files, furniture, equipment, supplies and other property of the board of medical investigators and the office of the state medical investigator are transferred to the office of the chief medical examiner;

B. all contractual obligations of the office of the state medical investigator shall be binding on the office of the chief medical examiner; and

C. all references in law to the board of medical investigators shall be deemed to be references to the board of medical examiners. All references in law to the state medical investigator shall be deemed to be references to the chief medical examiner.

Section 32. REPEAL.--Sections 24-11-1 through 24-11-10 and 66-7-211 NMSA 1978 (being Laws 1971, Chapter 112, Sections 1 through 3 and 10, Laws 1961, Chapter 91, Sections 2 and 3, Laws 2003, Chapter 191, Section 2, Laws 1961, Chapter 91, Sections 4 through 6 and 8 and Laws 1978, Chapter 35, Section 400, as amended) are repealed.

Section 33. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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