reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-4 - Trauma system fund authority created; membership.

A. The "trauma system fund authority" is created. The authority is administratively attached to the department.
B. The authority shall consist of at least nine members, all of whom shall be appointed by and serve at the pleasure of the governor. The membership of the authority shall include the following:
(1) the secretary or the secretary's designee;
(2) representation from the medical specialty of trauma physicians;
(3) at least one member of a statewide organization representing physicians in New Mexico;
(4) at least one member representing emergency and trauma nursing practice;
(5) at least one member of a statewide organization representing hospitals and health systems in New Mexico;
(6) at least one member of a statewide organization representing injury prevention;
(7) the chair of the statewide emergency medical services advisory committee;
(8) the chair of the trauma advisory committee; and
(9) at least one member of a statewide organization representing rehabilitation services.
C. Authority members shall elect a chair and other officers as the authority deems appropriate.
D. The authority shall meet regularly at the call of the chair.
History:
Laws 2006, ch. 13, § 4.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-5 - Duties.

The authority shall:
A. develop criteria by which distribution of funds to existing trauma centers and potential new centers will occur;
B. receive applications and determine and monitor the actual distribution of money from the fund that will support the development of a statewide system of trauma care;
C. oversee the department's administration of the fund and the development of a trauma system; and
D. report annually to the interim legislative health and human services committee and the legislative finance committee.
History:
Laws 2006, ch. 13, § 5.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-6 - Trauma system fund created; funding.

A. The "trauma system fund" is created in the state treasury. The fund shall consist of money appropriated and transferred to the fund, money received by the authority from any public or private source and tax revenues distributed to the fund by law. Interest earned on investment of the fund shall be credited to the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health or the secretary's authorized representative. Money in the fund shall not revert at the end of any fiscal year.
B. Money in the fund is appropriated to the department for the purpose of making distributions approved by the authority and for administering the Trauma System Fund Authority Act; provided that no more than five percent of the fund may be used by the department for administrative costs, including monitoring, trauma system development and providing technical assistance.
History:
Laws 2006, ch. 13, § 6.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-7 - Rules.

The department shall promulgate rules to carry out the provisions of the Trauma System Fund Authority Act.
History:
Laws 2006, ch. 13, § 7.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-1 - Board of medical investigators; creation; membership; compensation.

There is created the "board of medical investigators", consisting of the dean of the university of New Mexico school of medicine, the secretary of health, the chief of the New Mexico state police, the chair of the board of funeral services and the secretary of Indian affairs. The members of the board of medical investigators shall receive no compensation for their services as board members other than as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 12-17-1, enacted by Laws 1971, ch. 112, § 1; and recompiled as 1953 Comp., § 12-29-1, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 1; 1977, ch. 253, § 38; 1981, ch. 96, § 1; 2003, ch. 191, § 1; 2012, ch. 48, § 2.
ANNOTATIONS
Cross references.
— For chairman of the board of funeral services,
see
61-32-5 NMSA 1978.
The 2012 amendment,
effective July 1, 2012, changed the name of the board of thanatopractice to the board of funeral service; in the first sentence, after "chair of the board of", deleted "thanatopractice" and added "funeral services" and after "board of funeral services and the", deleted "director of the New Mexico office" and added "secretary".
The 2003 amendment,
effective July 1, 2003, deleted "medical school at the" following "dean of the", inserted "school of medicine" following "of New Mexico", substituted "health, the chief of the New Mexico" for "health and environment, the chief of the" following " the secretary of", and substituted "and the director of the New Mexico office of Indian affairs" for "of the state of New Mexico" following "state board of thanatopractice".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
18 Am. Jur. 2d Coroners or Medical Examiners § 1 et seq.
18 C.J.S. Coroners § 1 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 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 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.
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.
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 school of medicine.
History:
1953 Comp., § 12-17-2, enacted by Laws 1971, ch. 112, § 2; recompiled as 1953 Comp., § 12-29-2, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 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 office at the school of medicine at the university of New Mexico.
C. The state medical investigator shall appoint district medical investigators and where necessary deputy medical investigators who shall serve at his 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 may direct a deputy or district medical examiner 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 co-extensive 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, promulgate rules and regulations for the proper investigation of deaths occurring within this state.
G. The state medical investigator shall maintain records of the deaths occurring within this state which are investigated by either state or district medical investigators.
H. 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. Funds for the operation of the state and district medical investigators' offices shall be appropriated to and administered by the university of New Mexico school of medicine.
History:
1953 Comp., § 12-17-3, enacted by Laws 1971, ch. 112, § 3; recompiled as 1953 Comp., § 12-29-3, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
18 C.J.S. Coroners §§ 3 to 9.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-4 - [References to coroner.]

As used in the New Mexico Statutes Annotated, 1978 Compilation, "coroner" means the district medical investigator.
History:
1953 Comp., § 15-43-43.1, enacted by Laws 1971, ch. 112, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-5 - Reports of violent death.

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.
History:
1953 Comp., § 15-43-44, enacted by Laws 1961, ch. 91, § 2; 1971, ch. 112, § 4; 1973, ch. 286, § 4; 1975, ch. 7, § 1.
ANNOTATIONS
Cross references.
— For failure to report death,
see
24-11-10 NMSA 1978.
Autopsy reports are testimonial.
— Autopsy reports regarding individuals who suffered a violent death are testimonial for purposes of confrontation clause analysis, because medical examiners are required by 24-11-8 NMSA 1978 to report their findings to the district attorney.
State v. Navarette
, 2013-NMSC-003, 294 P.3d 435.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-7 - Examination; autopsy; inquest.

If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest.
History:
1953 Comp., § 15-43-46, enacted by Laws 1961, ch. 91, § 4; 1971, ch. 112, § 6; 1973, ch. 286, § 6.
ANNOTATIONS
Authority of board.
— If a medical investigator suspects that criminal conduct caused a death or that the cause of death is obscure, the board of medical investigators may, without the consent of the decedent or the decedent's family, order an autopsy or apply to disinter the decedent to perform an autopsy.
In re Johnson
, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
18 Am. Jur. 2d Coroners or Medical Examiners §§ 7 to 15.
Reviewing, setting aside or quashing verdict at coroner's inquest, 78 A.L.R.2d 1218.
Civil liability in conjunction with autopsy, 97 A.L.R.5th 419.
18 C.J.S. Coroners §§ 10 to 26.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-8 - Reports to district attorney.

The state or district medical investigator shall promptly report his findings, or the findings of a deputy medical investigator that has performed an investigation under his direction, to the district attorney in each death investigated. Upon request of the district attorney, the state or district medical investigator shall send a complete record of the medical investigation in any case, including a transcript of the testimony of witnesses examined at any inquest.
History:
1953 Comp., § 15-43-47, enacted by Laws 1961, ch. 91, § 5; 1971, ch. 112, § 7; 1973, ch. 286, § 7.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-9 - Subpoena; oath.

The state, district or deputy medical investigator may administer oaths and may issue a subpoena to compel the attendance and production of evidence by any necessary witness and the subpoena may be enforced in the district court. Any subpoena shall be served without cost by the sheriff or any deputy or by any member of the New Mexico state police.
History:
1953 Comp., § 15-43-48, enacted by Laws 1961, ch. 91, § 6; 1971, ch. 112, § 8; 1973, ch. 286, § 8.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 11 - Medical Investigations › Section 24-11-10 - Penalties.

A. It is unlawful to:
(1) willfully and without good cause neglect or refuse to report a death to law enforcement authorities or the office of the state or district medical investigator as required by law; or
(2) willfully and unnecessarily touch, remove or disturb any dead body required by law to be reported to the state or district medical investigator, or any article on or near the body or disturb its surroundings until authority is granted by the state, district or deputy medical investigator.
B. Any person violating this section is guilty of a petty misdemeanor.
History:
1953 Comp., § 15-43-50, enacted by Laws 1961, ch. 91, § 8; 1971, ch. 112, § 9; 1973, ch. 286, § 9; 1975, ch. 7, § 3.
ANNOTATIONS
Cross references.
— For duty to report deaths,
see
24-11-5 NMSA 1978.
For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 12 - Disposition of Dead Bodies › Section 24-12-2 - Authority of the office of the state medical investigator; disposition of unclaimed body; transmission of records of institution.

A. Upon the determination that a body is unclaimed, the medical investigator 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, municipal officials or other person having charge or control of the body of a decedent shall have the body removed for disposition within three weeks from the date on which the medical investigator notified the appropriate entity.
B. If the unclaimed 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 decedent was an inmate of a public institution, the institution shall transmit, upon request of the medical investigator, a brief medical history of the person for purposes of identification and permanent record. The records shall be open to inspection by any state or county official or district attorney.
History:
Laws 1941, ch. 148, §§ 3 to 5; 1941 Comp., §§ 71-503 to 71-505; 1953 Comp., § 12-7-2, reenacted by Laws 1973, ch. 354, § 2; 1977, ch. 204, § 2; 1978 Comp., § 24-12-2; 1999, ch. 241, § 2; 2023, ch. 162, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 354, § 2, repealed 12-7-2, 1953 Comp., relating to conduct of postmortem examinations, and enacted a new section. For present comparable provisions,
see
24-12-4 NMSA 1978.
Cross references.
— For burial of indigents,
see
24-13-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, included any person having charge or control of a dead body in an existing provision related to removing the dead body for disposition; and, added "or other person having charge or control of the body of a decedent", and after "medical investigator", deleted "released the body" and added "notified the appropriate entity".
The 1999 amendment,
effective June 18, 1999, in Subsection A, added the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Homicide: cremation of victim's body as violation of accused's right, 70 A.L.R.4th 1091.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 12 - Disposition of Dead Bodies › Section 24-12-3 - Penalties.

A. A person who conducts a post-mortem examination on an unclaimed body without express permission of the medical investigator is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
B. A person who unlawfully disposes of, uses or sells an unclaimed body is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1941, ch. 148, §§ 2, 4; 1941 Comp., §§ 71-502, 71-504; 1953 Comp., § 12-7-4, reenacted by Laws 1973, ch. 354, § 3; 1978 Comp., § 24-12-3; 2023, ch. 162, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 354, § 3 repealed 12-7-4, 1953 Comp., relating to disposition of unclaimed bodies, and enacted a new section. Provisions relating to the disposition of unclaimed bodies presently appear in 24-12-2 NMSA 1978.
Cross references.
— For medical investigations generally,
see
Chapter 24, Article 11 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, updated certain language related to the penalty for conducting a post-mortem examination on an unclaimed body without the express permission of the medical investigator and for unlawfully disposing of, using or selling an unclaimed body; in Subsection A, deleted "punished by imprisonment in the county jail for not more than one year or by the imposition of a fine of not more than one thousand dollars ($1,000) or both such imprisonment and fine" and added "sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978"; and in Subsection B, deleted "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 a fine of not more than five thousand dollars ($5,000) or both such imprisonment and fine" and added "sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Dead Bodies §§ 4, 44 to 47, 58, 112.
Validity, construction and application of statutes making it a criminal offense to mistreat or wrongfully dispose of dead body, 81 A.L.R.3d 1071.
25A C.J.S. Dead Bodies § 10.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 12A - Cremations › Section 24-12A-1 - Right to authorize cremation; definitions.

A. An adult may authorize the adult's own cremation and the lawful disposition of the cremated remains by:
(1) stating the desire to be cremated in a written statement that is signed by the adult and notarized or witnessed by two persons; or
(2) including an express statement in the will indicating that the testator desired that the remains be cremated upon death.
B. A personal representative acting pursuant to a will or the provisions of Chapter 45, Article 3 NMSA 1978 or a funeral service establishment, a direct disposition establishment or a crematory shall comply with a statement made in conformance with the provisions of Subsection A of this section. The statement is authorization to the personal representative, funeral establishment, direct disposition establishment or crematory that the remains of the decedent are to be cremated. Statements dated prior to April 5, 1993 are to be given effect if they meet the requirements of Subsection A of this section.
C. A personal representative, funeral service establishment, direct disposition establishment or crematory acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.
D. A funeral service establishment, direct disposition establishment, crematory or employee of a funeral establishment, direct disposition establishment or crematory or other person that relies in good faith on a statement written pursuant to this section shall not be subject to liability for cremating the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent.
E. As used in this section:
(1) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; and
(2) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition.
History:
Laws 1993, ch. 200, § 1; 2023, ch. 162, § 5.
ANNOTATIONS
Cross references.
— For cremations,
see
61-32-19 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, removed the definition of "commercial establishment"; deleted all references to "commercial establishment" throughout the section; in Subsection B, after "prior to", deleted "the effective date of this act" and added "April 5, 1993"; in Subsection C, after "funeral service establishment", added "direct disposition establishment"; and in Subsection E, deleted Paragraph E(1), which defined "commercial establishment", and redesignated former Paragraphs E(2) and E(3) as Paragraphs E(1) and E(2), respectively.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 12A - Cremations › Section 24-12A-3 - Unclaimed bodies; cremation permitted.

An unclaimed body, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation. Absent a showing of bad faith or malicious intent, the official ordering the cremation and the person or establishment carrying out the cremation shall be immune from liability related to the cremation.
History:
1978 Comp., § 24-12A-3, enacted by Laws 1999, ch. 241, § 3; 2023, ch. 162, § 7.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, removed "indigent persons" from the scope of the section; in the section heading, deleted "and bodies of indigent persons"; and deleted "The body of an unclaimed decedent or an indigent person" and added "An unclaimed body".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-1 - Burial or cremation of unclaimed decedents.

For the purposes of Chapter 24, Article 13 NMSA 1978, a dead body that has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of each county in this state to authorize interment or cremation of an unclaimed decedent. The county shall ensure that the body is buried or cremated no later than thirty days after a determination has been made that the body has not been claimed, but no less than fourteen days after death or discovery of the body. If the body is cremated, the county shall ensure that the cremated remains are retained and stored for at least two years, or one year for eligible veterans who qualify for veteran burial benefits, in a manner that allows for identification of the remains. After the expiration of two years, or one year for eligible veterans who qualify for veteran burial benefits, the cremated remains may be disposed of; provided the county retains a record of the place and manner of disposition for not less than five years after disposition.
History:
Laws 1939, ch. 224, § 1; 1941 Comp., § 73-204; 1953 Comp., § 13-2-4; 1978 Comp., § 24-13-1; Laws 1999, ch. 241, § 4; 2023, ch. 162, § 8.
ANNOTATIONS
Cross references.
— For disposition of dead bodies generally,
see
Chapter 24, Article 12 NMSA 1978.
For definitions applicable to provisions of this article,
see
27-1-1 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, changed the amount of time a county shall retain cremated remains; in the section heading, deleted "and of indigents"; after "no less than", deleted "two weeks" and added "fourteen days"; after "stored for", deleted "no less than" and added "at least"; and added "or one year for eligible veterans who qualify for veteran burial benefits".
The 1999 amendment,
effective June 18, 1999, added the catchline; added the first sentence; in the second sentence, substituted "It is the duty" for "It shall be the duty" and "or cremated the body of any unclaimed decedent or indigent person" for "the body of any dead having no visible estate out of which to defray the cost of his burial, and when no relative or friend of such decedent will undertake to bury him"; and added the third and fourth sentences.
County's responsibility for burial of indigents
does not rest upon residence of the indigents. 1942 Op. Att'y Gen. No. 42-4081.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Dead Bodies § 19.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-2 - Persons deemed indigent.

A decedent shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if the decedent's estate is insufficient to cover the cost of burial or cremation or if the decedent's body is unclaimed.
History:
Laws 1939, ch. 224, § 2; 1941 Comp., § 73-205; 1953 Comp., § 13-2-5; 1978 Comp., § 24-13-2; Laws 1999, ch. 241, §; 2023, ch. 162, § 9.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, provided that a decedent shall be considered to be an indigent if the decedent's body is unclaimed; and after "burial or cremation", added "or if the decedent's body is unclaimed".
The 1999 amendment,
effective June 18, 1999, added the catchline; and rewrote the section, which formerly read "No deceased person shall be considered to be an indigent if there are any sums, no matter how small, with which to defray the cost of such burial".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-3 - Expenses for burial or cremation.

If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation or burial, invoices for the expenses shall be forwarded to the executor of the estate of the decedent, and such person shall pay the expenses out of the decedent's estate. To the extent that the decedent is unclaimed and has no estate, the burial or cremation expenses shall be borne by the county of residence of the decedent. If the county of residence of the decedent is not known, the burial or cremation expenses shall be borne by the county in which the decedent was found. The burial or cremation expenses may be paid by the county out of the general fund or the health care assistance fund in the amount of one thousand dollars ($1,000) for the burial or cremation of the unclaimed decedent.
History:
Laws 1939, ch. 224, § 3; 1941 Comp., § 73-206; 1953 Comp., § 13-2-6; Laws 1957, ch. 123, § 1; 1959, ch. 59, § 1; 1978 Comp., § 24-13-3; 1987, ch. 274, § 1; 1991, ch. 6, § 1; 1999, ch. 241, § 6; 2001, ch. 307, § 1; 2023, ch. 162, § 10.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required the estate of an unclaimed decedent to reimburse the county for burial or cremation expenses, raised the amount that may be paid for burial or cremation expenses out of the general fund or the health care assistance fund; substituted "deceased person" with "decedent" throughout the section; after "general fund or the", deleted "county indigent hospital claims" and added "health care assistance"; and after "in the amount of", deleted "six hundred dollars ($600)" and added "one thousand dollars ($1,000)".
The 2001 amendment,
effective June 15, 2001, inserted the county indigent hospital claims fund in the last sentence.
The 1999 amendment,
effective June 18, 1999, rewrote the section, which formerly read "The expenses for the burial or cremation of an indigent person may be paid by the county out of the general fund in an amount up to six hundred dollars ($600) for the burial of any adult or minor".
The 1991 amendment,
effective March 9, 1991, rewrote the section following "general fund in", which read "the amount of three hundred dollars ($300) for the burial of any adult or minor over the age of six years and three hundred dollars ($300) for the burial of any minor up to the age of six years".
Commissioners are under duty to pay $100 (now $600) for burial of indigent
regardless of the particular circumstances prior to the indigent's burial. 1970 Op. Att'y Gen. No. 70-44.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25A C.J.S. Dead Bodies § 7.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-4 - Burial after investigation; cost of opening and closing grave.

The county after proper investigation shall cause an unclaimed decedent to be decently interred or cremated. The cost to be paid by the county of opening and closing a grave shall not exceed one thousand dollars ($1,000), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978.
History:
Laws 1939, ch. 224, § 4; 1941 Comp., § 73-207; 1953 Comp., § 13-2-7; Laws 1957, ch. 123, § 2; 1978 Comp., § 24-13-4; 1997, ch. 116, § 1; 1999, ch. 241, § 7; 2023, ch. 162, § 11.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, raised the amount the county may pay for opening and closing a grave; and after "shall not exceed", deleted "six hundred dollars ($600)" and added "one thousand dollars ($1,000)".
The 1999 amendment,
effective June 18, 1999, inserted "or unclaimed decedent" in the first sentence and "to be paid by the county" in the second sentence.
The 1997 amendment,
effective June 20, 1997, substituted "$600" for "$35" and made a stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Dead Bodies §§ 75, 78 to 81.
25A C.J.S. Dead Bodies §§ 4(3), 8(4).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-5 - Payment of burial or cremation expenses; commissioners' liability.

The board of county commissioners of any county within this state may authorize payment for the burial or cremation of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978. All available assets of the deceased may be used to reimburse the county for the cost of burial or cremation. Should the county be required to pay expenses for burial or cremation of an unclaimed decedent who has left an estate, the estate shall reimburse the county for those expenses. The county commissioners may be liable officially to the county they represent in double the amount they have paid toward the burial or cremation of a person other than as authorized by this section.
History:
Laws 1939, ch. 224, § 5; 1941 Comp., § 73-208; 1953 Comp., § 13-2-8; 1978 Comp., § 24-13-5; Laws 1999, ch. 241, § 8; 2023, ch. 162, § 12.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, added discretionary language related to a county's liability for unauthorized burial or cremation of a person; and after "The county commissioners", deleted "shall" and added "may".
The 1999 amendment,
effective June 18, 1999, rewrote the section which formerly read "If the board of county commissioners of any county within this state shall pay to any person any sum purporting to be for the burial of an indigent person when in fact such deceased person was known by the board of county commissioners to be not an indigent, as above defined, said county commissioners shall be liable either personally or officially to the county which they represent in double the amount which they have paid".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-6 - Money from relatives; duty of funeral director.

Should a funeral director or other person allowed by law to conduct the business of a funeral director accept money from the relatives or friends of a decedent whom the county has determined to be an unclaimed decedent, the funeral director shall immediately notify the county of the payment or offer for payment, and the county shall not pay for the burial or cremation involved, or, if the county has already paid for the burial or cremation, the funeral director shall immediately refund the money paid to the funeral director by the county for the burial or cremation.
History:
Laws 1939, ch. 224, § 6; 1941 Comp., § 73-209; 1953 Comp., § 13-2-9; 1978 Comp., § 24-13-6; Laws 1999, ch. 241, § 9; 2023, ch. 162, § 13.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, substituted "deceased person" with "decedent" throughout the section.
The 1999 amendment,
effective June 18, 1999, added the catchline and made stylistic changes throughout.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-7 - Failure to notify; funeral director's liability.

If a funeral director or other person authorized by law to conduct the business of a funeral director receives or contracts to receive any money or thing of value from relatives or friends of an unclaimed decedent whose burial or cremation expenses are paid or to be paid by the county and fails to notify the county of that fact, the funeral director or other person authorized by law to conduct the business of a funeral director shall be liable to the county in an amount double the amount paid or to be paid by the county.
History:
Laws 1939, ch. 224, § 7; 1941 Comp., § 73-211; 1953 Comp., § 13-2-11; 1978 Comp., § 24-13-7; Laws 1999, ch. 241, § 10; 2023, ch. 162, § 14.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, after "friends of", deleted "a deceased alleged indigent".
The 1999 amendment,
effective June 18, 1999, added the catchline and made stylistic changes throughout.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 13 - Burial of Indigents › Section 24-13-8 - [District attorneys to enforce burial act.]

The various district attorneys of this state are hereby expressly empowered and directed to enforce the provisions of this act [24-13-1 to 24-13-8 NMSA 1978] on behalf of the various counties which they represent.
History:
Laws 1939, ch. 224, § 8; 1941 Comp., § 73-211; 1953 Comp., § 13-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-1 - Short title.

Chapter 24, Article 14 NMSA 1978 may be cited as the "Vital Statistics Act".
History:
1953 Comp., § 12-4-23, enacted by Laws 1961, ch. 44, § 1; 2013, ch. 183, § 1.
ANNOTATIONS
The 2013 amendment,
effective January 1, 2014, added the NMSA chapter and article for the Vital Statistics Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 24, Article 14 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 51.
Official death certificate as evidence of cause of death in civil or criminal action, 21 A.L.R.3d 418.
39A C.J.S. Health and Environment § 41.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-3 - Vital records and health statistics bureau; state system.

There is established in the department a "vital records and health statistics bureau" for the purpose of installing, maintaining and operating a system of vital statistics throughout this state and carrying out all regulations relating to vital records and health statistics established by the department.
History:
1953 Comp., § 12-4-25, enacted by Laws 1961, ch. 44, § 3; 1973, ch. 264, § 2; 1977, ch. 253, § 27; 1981, ch. 309, § 2; 2009, ch. 215, § 11.
ANNOTATIONS
The 2009 amendment,
effective January 1, 2010, deleted "health services division of the" before "department" and changed "vital statistics bureau" to "vital records and health statistics bureau".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-4 - State registrar; appointment.

The secretary of the department shall appoint the state registrar in accordance with the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1953 Comp., § 12-4-26, enacted by Laws 1961, ch. 44, § 4; 1973, ch. 264, § 3; 2009, ch. 215, § 12.
ANNOTATIONS
The 2009 amendment,
effective January 1, 2010, changed "director" to "secretary".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-5 - Duties of state registrar.

A. The state registrar shall:
(1) administer and enforce the Vital Statistics Act and regulations issued pursuant to it and issue instructions for the efficient administration of the system of vital records and health statistics;
(2) direct and supervise the system of vital records and health statistics and be custodian of its records;
(3) direct, supervise and control the activities of all public employees, other than hospital employees, when they are engaged in activities pertaining to the operation of the system of vital records and health statistics;
(4) prescribe, with the approval of the department and after consultation with medical records professionals in the state, furnish and distribute such forms as are required by the Vital Statistics Act;
(5) prepare and publish reports of vital records and health statistics of this state and such other reports as may be required by the department;
(6) conduct training programs to promote uniformity of policy and procedures throughout the state; and
(7) provide to local health agencies copies of or data derived from certificates and reports required under the Vital Statistics Act as determined necessary for local health planning and program activities. The copies or data shall remain the property of the bureau, and the uses that may be made of them shall be prescribed by the state registrar.
B. The state registrar may establish or designate offices in the state to aid in the efficient administration of the system of vital records and health statistics and may delegate such functions and duties vested in the state registrar to employees of the bureau and to employees of any office of the state or political subdivision designated to aid in administering the Vital Statistics Act.
History:
1953 Comp., § 12-4-27, enacted by Laws 1961, ch. 44, § 5; 1973, ch. 264, § 4; 1977, ch. 253, § 28; 1981, ch. 309, § 3; 2009, ch. 215, § 13.
ANNOTATIONS
The 2009 amendment,
effective January 1, 2010, in Subsection A changed "system of vital statistics" to "system of vital records and health statistics".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 309, § 26, repealed 24-14-6 NMSA 1978, as enacted by Laws 1961, ch. 44, § 6, relating to registration districts, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-7 - Appointment and removal of local registrars.

The state registrar:
A. may appoint local registrars in order to carry out the provisions of the Vital Statistics Act; and
B. may remove local registrars for reasonable cause.
History:
1953 Comp., § 12-4-29, enacted by Laws 1961, ch. 44, § 7; 1981, ch. 309, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-8 - Duties of local registrar.

The local registrar shall:
A. administer and enforce the provisions of the Vital Statistics Act and instructions, rules and regulations issued pursuant thereto;
B. require that certificates be completed and filed in accordance with the Vital Statistics Act and the rules and regulations issued pursuant thereto; and
C. transmit to the state registrar bimonthly, or more frequently when directed by that official, the certificates, reports or other returns filed with him.
History:
1953 Comp., § 12-4-30, enacted by Laws 1961, ch. 44, § 8; 1981, ch. 309, § 5.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-9 to 24-14-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 309, § 26, repealed 24-14-9 to 24-14-11 NMSA 1978, as enacted by Laws 1961, ch. 44, § 11, relating to the compensation of, and payment of fees to, the subregistrar and insufficiency of county funds, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-12 - Form and contents of certificates and reports.

A. In order to promote and maintain uniformity in the system of vital records and health statistics, the forms of certificates, reports and other returns required by the Vital Statistics Act or by regulations adopted pursuant to that act shall include as a minimum the items recommended by the federal agency responsible for national vital records and health statistics, subject to the approval of modifications by the department.
B. Each certificate, report and other document required to be registered under the Vital Statistics Act shall be on a form or in a format prescribed by the state registrar.
C. All vital records shall contain the date received for registration.
D. Information required in certificates or reports required or authorized by the Vital Statistics Act may be filed and registered by photographic, electronic or other means as prescribed by the state registrar; provided that certificates shall be filed and registered by either physical or photographic means.
History:
1953 Comp., § 12-4-34, enacted by Laws 1961, ch. 44, § 12; 1973, ch. 264, § 7; 1977, ch. 253, § 31; 1981, ch. 309, § 6; 2009, ch. 215, § 14.
ANNOTATIONS
The 2009 amendment,
effective January 1, 2010, in Subsection A changed "system of vital statistics" to "system of vital records and health statistics".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-14 - Unknown parentage; foundling registration.

A. Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within ten days the following information:
(1) the date and place of finding;
(2) sex, color or race and approximate age of child;
(3) name and address of the person or institution with whom the child has been placed for care;
(4) name given to the child by the custodian; and
(5) other data required by the state registrar.
B. A report registered under this section constitutes the certificate of birth for the infant.
C. If the child is subsequently identified and a standard certificate of birth can be established, any report registered under this section shall be sealed and may be opened only by order of the district court or as provided by regulation.
History:
1953 Comp., § 12-4-36, enacted by Laws 1961, ch. 44, § 14; 1981, ch. 309, § 8.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-15 - Delayed registration of births.

A. When the birth of a person born in this state has not been registered, a certificate may be filed in accordance with regulations of the department. The certificate shall be registered subject to evidentiary requirements prescribed by regulation to substantiate the alleged facts of birth.
B. Certificates of birth registered one year or more after the date of birth shall show on their face the date of the delayed registration.
C. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
D. When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar finds reason to question the validity or adequacy of the certificate or the documentary evidence, the state registrar shall not register the delayed certificate and shall advise the applicant of the reason for this action.
E. The department may by regulation provide for the denial of an application for delayed registration which is not actively prosecuted.
History:
1953 Comp., § 12-4-37, enacted by Laws 1961, ch. 44, § 15; 1981, ch. 309, § 9.