HOUSE BILL 987

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Teresa A. Zanetti

AN ACT

RELATING TO HEALTH AND SAFETY; REQUIRING THE STATE MEDICAL INVESTIGATOR TO CONSULT WITH RELATIVES OF THE DECEASED REGARDING DISPOSITION OF REMAINS OF NATIVE AMERICANS.

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

     Section 1. Section 24-11-6.1 NMSA 1978 (being Laws 2003, Chapter 191, Section 2) is amended to read:

     "24-11-6.1. DECEASED MEMBERS OF INDIAN NATIONS, TRIBES OR PUEBLOS--CONSULTATION AND CERTIFICATION REQUIRED.--

          A. If a deceased person [is] has been determined to be a member of a federally recognized Indian nation, tribe or pueblo, the state medical investigator shall use all due diligence [after any legally required autopsy or post-mortem examination, to consult with the legal next of kin of the deceased regarding the disposition of all of the deceased's remains, unless other treatment of the remains is provided for by law] to avoid an autopsy unless legally required due to possible criminal acts or omissions, an obscure cause of death or other reasons. The state medical investigator shall use the least invasive means possible to satisfy the investigator's legal duties in conducting an autopsy.

          B. If the state medical investigator determines that an autopsy cannot be avoided, the investigator shall attempt to provide advance notice of the autopsy to the surviving spouse or next of kin, or if none can be found, to the Indian nation, tribe or pueblo of the deceased. Upon request by the surviving spouse or next of kin, or if none can be found, by the Indian nation, tribe or pueblo of the deceased before an autopsy commences, the state medical investigator shall provide documentation requiring or authorizing the autopsy.

          C. Upon request by the surviving spouse or next of kin, or if none can be found, of the Indian nation, tribe or pueblo of the deceased, the state medical investigator shall permit one representative each of the surviving spouse or next of kin, and of the Indian nation, tribe or pueblo of the deceased, to be present during the autopsy.

          D. After any legally required autopsy or postmortem examination has been conducted, the state medical investigator shall use all due diligence to consult with the surviving spouse or next of kin of the deceased regarding the disposition of all of the deceased's remains. Unless other treatment of the remains is required by law, the state medical investigator shall replace all body parts and shall provide written certification to the surviving spouse or next of kin of the deceased that the investigator has replaced all body parts."

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