House Bill text for HB0742

HOUSE BILL 742

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ray Begaye

AN ACT

RELATING TO FORENSIC INVESTIGATIONS; PROHIBITING FEES FOR SERVICES RENDERED TO TRIBAL ENTITIES; MAKING AN APPROPRIATION.

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

Section 1. Section 24-11-2 NMSA 1978 (being Laws 1971, Chapter 112, Section 2, as amended) is amended to read:

"24-11-2. MEETINGS--DUTIES.--

A. The board of medical [investigations] investigators shall meet at least annually and as often as necessary to conduct the business of the board. Additional meetings may be called by the [chairman] chair or by a majority of the members of the board.

B. At the first annual meeting of the board, the members shall elect one of their number as [chairman] chair.

C. The board of medical [investigations] investigators shall formulate broad policy for the operation of the office of the state medical investigator and the offices of the district medical investigators, including ensuring that forensic investigations and other services that are provided in the ordinary and usual course of the operation of the office of the state medical investigator or an office of a district medical investigator are provided on an equal basis to all communities in New Mexico and in all areas of the state, including forensic investigations and other services that are provided on land in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo at the request of that Indian nation, tribe or pueblo. The state medical investigator or a district medical investigator may charge a fee, not to exceed the cost of the service provided, for all services provided on federal military reservations within the state.

D. The board of medical [investigations] investigators shall employ and fix the compensation of a qualified state medical investigator who shall be assigned as an employee of the university of New Mexico medical school [of medicine]."

Section 2. Section 24-11-3 NMSA 1978 (being Laws 1971, Chapter 112, Section 3, as amended) is amended to read:

"24-11-3. STATE MEDICAL INVESTIGATOR--QUALIFICATIONS--DUTIES--OFFICE.--

A. The state medical investigator shall be a physician licensed to practice in New Mexico. Insofar as practicable, the medical investigator shall be trained in the fields of pathology and forensic medicine.

B. The state medical investigator shall maintain [his] an office at the [school of medicine at the] university of New Mexico medical school.

C. The state medical investigator shall appoint district medical investigators and, where necessary, deputy medical investigators who shall serve at [his] the state medical investigator's pleasure. The state medical investigator may assign deputy medical investigators to districts to work under the supervision of a district medical investigator. The district medical investigator shall be a licensed physician. When deemed necessary by the state medical investigator, [he] the state medical investigator may direct a deputy or district medical [examiner] investigator to enter another district for the purpose of carrying out medical investigations.

D. Any district created by the state medical investigator to be staffed by a district medical investigator shall be coextensive with one or more counties.

E. The state medical investigator may enter into agreements for services to be performed by persons in the course of medical investigations.

F. The state medical investigator shall, subject to the approval of the board of medical [investigations] investigators, promulgate rules, [and regulations] guidelines and protocols for the proper investigation of deaths occurring within this state.

G. The state medical investigator shall, after government-to-government consultation with an Indian nation, tribe or pueblo, promulgate rules, guidelines and protocols for the proper forensic investigation of and the provision of other services related to deaths occurring within the exterior boundaries of that Indian nation, tribe or pueblo.

[G.] H. The state medical investigator shall maintain records of the deaths occurring within this state [which] that are investigated by either state or district medical investigators.

[H.] I. In addition to other duties prescribed in this section, the state medical investigator shall also serve as the district medical investigator for Bernalillo county.

[I.] J. Funds for the operation of the state and district medical investigators' offices shall be appropriated to and administered by the university of New Mexico medical school [of medicine].

K. The state medical investigator shall:

(1) develop and promulgate rules, subject to the approval of the board of medical investigators, to define:

(a) the ordinary and usual services that are provided by the office of the state medical investigator and district medical investigators at no fee to the recipient jurisdiction, except as otherwise permitted in this section; and

(b) the extraordinary services that are provided by the office of the state medical investigator and district medical investigators for which fees shall be assessed, not to exceed the cost of the service provided; and

(2) set forth a fee schedule for provision of those services defined pursuant to Subparagraph (b) of this paragraph.

L. The office of the state medical investigator shall have no authority to assess fees, except for the authority granted in Subsection K of this section. Fees charged to any entity in New Mexico without the express authority provided in Subsection K of this section or without being established pursuant to the rules approved by the board of medical investigators and promulgated by the state medical investigator are void."

Section 3. A new section of Chapter 24, Article 11 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SERVICES TO TRIBAL ENTITIES--LIMITATION ON FEES.--The ordinary and usual services provided by the office of the state medical investigator to communities of New Mexico citizens and residents living within the exterior boundaries of a federally recognized Indian nation, tribe or pueblo shall be provided at the request of an Indian nation, tribe or pueblo without charge to the extent that those same services are provided by the office of the state medical investigator without charge to municipalities and counties in the state located outside the exterior boundaries of a federally recognized Indian nation, tribe or pueblo."

Section 4. APPROPRIATION.--Four hundred thousand dollars ($400,000) is appropriated from the general fund to the board of regents of the university of New Mexico for expenditure in fiscal year 2008 and subsequent fiscal years for the office of the state medical investigator to conduct forensic investigations and other services as requested by Indian nations, tribes and pueblos located in whole or in part in New Mexico. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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