reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these regulations.
A.
Definitions beginning with
				"A":
"Act"
means the Vital Statistics Act, Sections
				24-14-1 to
				24-14-31, NMSA 1978 as
				amended.
B.
Definitions
				beginning with "B":
"Bureau"
means the vital records and
				health statistics bureau, epidemiology and response division) within the
				department of health, which was formerly and in the statute referred to as the
				vital statistics bureau. Vital Statistics Act Section
				24-14-1 et seq., NMSA
				1978.
C.
Definitions
				beginning with "C":
(1)
"Certificate of still birth"
means a certificate created by the
				BVRHS at the request of a parent named on a report of spontaneous fetal death
				which captures data from a report of a spontaneous fetal death reported in
				accordance with New Mexico law. The certificate is intended to memorialize a
				stillbirth event, but cannot be used as proof of a live birth, for
				identification or other legal purposes.
(2)
"Certifier",
for purposes of
				death records means a person authorized to certify cause of death pursuant to
				the laws of New Mexico.
(3)
"Court ordered custodian"
means the New Mexico children youth and
				families department when that department has legal custody of the child
				pursuant to a court order issued by a court of competent jurisdiction in the
				state of New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.8 - BUREAU OF VITAL RECORDS FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
All forms used in the system of vital statistics are the
				  property of the department, and shall be returned to the state registrar upon
				  demand. Only those forms prescribed, distributed and approved by the state
				  registrar shall be used in the reporting of vital records and statistics or in
				  making copies thereof. Such forms shall be used for official purposes
				  only.
A. Requirements for the
				preparation of forms:
(1) All certificates,
				registration forms, reports and records relating to vital statistics must
				either be prepared in approved electronic form or on a typewriter or printer
				which prints in unfading ink. All signatures required shall be entered
				electronically, or in unfading ink, unless otherwise instructed in these or
				related regulations.
(2) Unless
				otherwise directed by the state registrar, no certificate, registration form,
				record or report shall be complete and acceptable for registration that:
(a) does not have the certifier's name typed
				or printed legibly with his or her signature;
(b) does not supply all items of information
				called for thereon or satisfactorily account for their omission;
(c) does not contain handwritten or approved
				electronic signatures, as required;
(d) includes alterations, including all
				manner of erasures, the use of correction fluids, and other correction
				devices;
(e) is marked "copy" or
				that is a carbon or photo or other copy;
(f) is prepared on an improper
				form;
(g) contains improper or
				inconsistent data;
(h) contains an
				indefinite cause of death which denotes only symptoms of disease or conditions
				resulting from disease;
(i) is not
				prepared in conformity with regulations or instructions issued by the state
				registrar.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.9 - REGISTRATION OF BIRTH

Current through Register Vol. 35, No. 13, July 16, 2024
A certificate of birth registration form for each live birth
				  which occurs in this state shall be filed with the bureau within 10 days after
				  the birth and shall be registered if it has been completed and filed in
				  accordance with the Vital Records Act and related regulations. Exceptions shall
				  be only those noted in the Vital Records Act or related regulations, or upon
				  written authorization of the state registrar.
A.
Infants of unknown parentage
:
				Foundling registration. The report for an infant of unknown parentage shall be
				registered on a foundling report, and:
(1)
				show the required facts as determined by approximation and show parentage
				information as "unknown";
(2) show
				the signature and title of the custodian in lieu of the attendant.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.10 - DELAYED CERTIFICATE OF BIRTH

Current through Register Vol. 35, No. 13, July 16, 2024
All births presented for registration one year or more after
				  the date of birth are to be filed on an application for delayed certificate of
				  birth form or other format prescribed by the state registrar. No application
				  for a delayed birth certificate shall be approved except by the state registrar
				  or the deputy state registrar. No delayed certificate of birth shall be
				  prepared for a person who is deceased.
A.
Who may request the registration of
				and sign an application for a delayed birth certificate
. Any person
				whose birth is not registered in this state, or his/her parent, or legal
				guardian, may request the registration of a delayed certificate of birth,
				subject to these regulations, evidentiary requirements and instructions issued
				by the state registrar. The application for each delayed certificate of birth
				shall be signed and sworn to before an official authorized to administer oaths,
				by the person whose birth is to be registered if such person is 18 years of age
				or over and is competent to sign and swear to the accuracy of facts stated
				therein; otherwise, the application shall be signed and sworn to by one of the
				following:
(1) one of the parents of the
				applicant for registration; or
(2)
				the legal guardian or court ordered custodian of the applicant for
				registration.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.11 - THE CREATION OF AMENDED CERTIFICATES OF BIRTH FOLLOWING ADOPTION, LEGITIMATION, DENIALS OF PATERNITY AND ACKNOWLEDGEMENTS OF PATERNITY, AND OTHER LEGALLY RECOGNIZED DETERMINATIONS OF PARENTAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Paternity
: Upon receipt of a
				sworn acknowledgement of paternity signed by both parents, if no other person
				is shown as the father on the original certificate, a new certificate shall be
				prepared. A written request by both parents, if made within the 18 years of the
				child's birth, (unless acceptable proof is submitted that the mother is
				deceased, then by the father) that the minor child's surname be changed, and if
				no other person is shown as the father on the original certificate, a revised
				certificate shall be prepared. For a child aged 14 years or older, the child
				must give notarized consent to the change.
B.
Court orders
: If a person
				claims a change in paternity but cannot provide acknowledgement or denial of
				paternity as prescribed in the Uniform Parentage Act Section
				40-11A-3 NMSA 1978, the person
				will be advised to seek a court adjudication of paternity.
C. An new certificate of birth shall be
				prepared by the state registrar for a child born in this state upon receipt of
				a certified copy of a court determination of parentage or other acceptable
				evidence of parentage as required by the state registrar pursuant to the
				provisions of the Vital Records Act and related regulations and the Uniform
				Parentage Act.
D. Creation of new
				certificate:
(1) The new certificate of birth
				prepared after adoption, a denial of paternity, legitimation, a determination
				of parentage, or an acknowledgement of paternity shall be prepared on the form
				in use at the time of its presentation, and shall include the following items
				and such other information necessary to complete the certificate:
(a) the name of the child;
(b) the date and place of birth as
				transcribed from the original certificate;
(c) the names and required personal
				information about the adoptive parent(s), the natural parent(s) or other
				legally recognized parents, whichever is applicable; and
(d) the original filing date.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.12 - ADOPTION OF FOREIGN BORN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Final Decree Requirements
. On proof of adoption, a certificate of
				foreign birth shall be established by the state registrar for a person born in
				a foreign country who was not a citizen of the United States at the time of
				birth, provided the following conditions exist:
(1) the adopting parents are legal residents
				of New Mexico or members of the United States armed forces on active duty
				within the state of New Mexico;
(2)
				the child is adopted in New Mexico;
(3) a New Mexico court has issued an order
				recognizing the foreign adoption, if required;
(4) the department is provided a certified
				copy of the report of adoption and related court order;
(5) the final decree of adoption includes or
				is amended to include the following court findings:
(a) the probable country of birth;
(b) the year (and if known), the date and
				place of birth;
(c) a provision
				directing the state registrar to establish a certificate of birth.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.13 - REGISTRATION OF DEATH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Registration
(1) When a death occurs in this state, a
				certificate of death shall be filed through the state's approved electronic
				system within five days after the death and prior to final disposition.
(a) The medical certification of death must
				be completed in the state's approved electronic system by the individual
				responsible for the medical certification.
(b) The demographic section of the
				certificate od death must be completed in the state's approved electronic
				system by the funeral practitioner or the person acting as such.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.14 - DELAYED REGISTRATION OF DEATH

Current through Register Vol. 35, No. 13, July 16, 2024
The delayed registration of a death shall be registered in
				  the manner prescribed below.
A. If the
				certifier, at the time of death and the attending funeral services practitioner
				or person who acted as such are available to complete and sign the certificate
				of death, it may be completed without additional evidence and filed with the
				state registrar. For those certificates of death filed one year or more after
				the date of death, the certifier or office of the medical investigator and the
				funeral service practitioner or person who acted as such must state in
				accompanying affidavits that the information on the certificate of death is
				based on records kept in their files.
B. In the absence of the certifier or office
				of the medical investigator and the funeral service practitioner or person who
				acted as such, the prescribed delayed certificate of death form may be filed by
				the immediate family of the decedent and shall be accompanied by:
(1) an affidavit of the person filing the
				certificate swearing to the accuracy of the information on the
				certificate;
(2) two documents
				which identify the decedent and his or her date and place of death, a summary
				of which shall be placed on the certificate.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.15 - DISPOSITION OF REPORTS OF INDUCED TERMINATION OF PREGNANCY

Current through Register Vol. 35, No. 13, July 16, 2024
Reports of induced termination of pregnancy are statistical
				  reports only and are not to be incorporated into the official records of the
				  vital records and health statistics bureau, nor to be issued in any manner. The
				  state registrar is authorized to dispose of the reports when all statistical
				  processing of the records has been accomplished. However, the state registrar
				  may establish a file of the records so they will be available for future
				  statistical and research projects provided the file is not made a part of the
				  official records and the reports are not made available for the issuance of
				  certified copies. The file shall be retained for as long as the state registrar
				  deems necessary, but in no case shall any report of induced termination of
				  pregnancy be retained for longer than 18 months, and it shall then be
				  destroyed. The file may be maintained by photographic, electronic, or other
				  means as determined by the state registrar, in which case the original report
				  from which the photographic, electronic or other file was made shall be
				  destroyed. The provisions of Section 15 shall also apply to all records of
				  induced termination of pregnancy filed prior to the adoption of this
				  part.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.16 - AUTHORIZATION FOR FINAL DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Disposition of body
. Before
				final disposition of a dead body or a fetus, the funeral service practitioner
				or person acting as such shall.
(1) Obtain
				assurance from the certifier that death is from natural causes and that the
				certifier will assume responsibility for certifying the cause of death or fetal
				death.
(2) For any case which comes
				under the jurisdiction of the office of the medical investigator, notify the
				office of the medical investigator and obtain authorization for removal and
				final disposition of a dead body or fetus.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.17 - AMENDMENT OF LIVE BIRTH AND DEATH CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
This section is intended to supplement previous sections
				  regarding the amendment of live birth and death records.
A.
Who may apply to amend a certificate
				- birth and death
.
(1) To amend a birth
				certificate, application may be made by both parents, the legal guardian or
				court ordered custodian, the registrant if 18 years of age or over, a legal
				representative for the registrant or parents, or the individual responsible for
				filing the original certificate. On any request not made by the registrant for
				a child age fourteen years of age or older, the child must sign the application
				or give notarized consent to the change unless an amendment has been issued by
				a court of competent jurisdiction, and Subsection D of
				7.2.2.17 NMAC of these regulations
				applies. This excludes Subsection F of
				7.2.2.17 NMAC.
(2) To amend a certificate of death,
				application may be made by the informant or the funeral service practitioner or
				person acting as such who signed the certificate of death. Applications to
				amend the medical certification of cause of death shall be made only by the
				certifier who signed the medical certification or the office of the medical
				investigator. Other requested amendments shall be in conformance with these
				regulations and the Vital Records Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.18 - CERTIFICATES OF STILL BIRTH

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Form of Fetal Death Report:
The state registrar shall prescribe
				the form and content of a spontaneous fetal death report.
B.
Application:
The state
				registrar shall prescribe the form and content of an application for a
				certificate of still birth which shall specify the information necessary to
				prepare the certificate.
C.
Form of certificate of still birth:
The state registrar shall
				prescribe the form of a certificate of still birth and such form shall be
				distinct from the form for a certificate of live birth.
(1) A certificate of still birth shall
				include the state file number of the corresponding spontaneous fetal death
				report.
(2) The certificate of
				still birth shall contain the phrase "
This certificate of still birth
				cannot be used as proof of a live birth or for any other
				purpose".
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.19 - RECORD PRESERVATION AND DESTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
When an authorized reproduction of a vital record has been
				  properly prepared by the state registrar and when all steps have been taken to
				  ensure the continued preservation of the information, the record from which the
				  authorized reproduction was made may be disposed of by the state registrar. The
				  record may not be disposed of, however, until the quality of the authorized
				  reproduction has been tested to ensure that acceptable certified copies can be
				  issued and until a security copy of the document has been placed in a secure
				  location removed from the building where the authorized reproduction is housed.
				  When no longer required for administrative use, the state registrar shall offer
				  the original documents from which the authorized reproductions are made to the
				  state records center and archives which shall be allowed to permanently retain
				  the records pursuant to the restrictions in the vital statistics law and
				  regulations related to access to such records. If the state records center and
				  archives does not wish to place the records in its files the state registrar
				  shall be authorized to destroy the documents upon receipt of written permission
				  from state records and archives. The destruction shall be by approved methods
				  for disposition of confidential or sensitive documents.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.20 - DISCLOSURE OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To protect
				the integrity of vital records the state registrar or other authorized
				custodian of vital records shall not permit inspection of, nor disclose
				information contained in vital statistics records, or copy or issue a copy of
				all or part of any vital record unless he or she is satisfied that the
				applicant has a direct and tangible interest in the record.
(1) The registrant, a member of the
				registrant's immediate family, the registrant's legal guardian or court ordered
				custodian, or any of their respective legal representatives, or an official of
				a federal or state government or of a political subdivision of the state
				charged by law with detecting or prosecuting crime, shall be considered to have
				a direct and tangible interest. Others may demonstrate a direct and tangible
				interest at the discretion of the registrar by providing certified documentary
				proof of such interest.
(2) The
				term "legal representative" shall include an attorney, executor of the estate,
				physician, funeral service practitioner, trust officer or other corporate
				fiduciary or other authorized agent acting on behalf of the registrant or his
				or her family.
(3) The natural
				parents of adopted children, when neither has custody, and business firms or
				other agencies requesting listings of names and addresses shall not be
				considered to have a direct and tangible interest.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.21 - VITAL RECORDS FORM AND REPRODUCTION OF RECORDS, VERIFICATION AND FRAUD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Reproduction of records
. Copies of vital records may be made by
				mechanical, electronic, or other reproductive process, except that the
				information contained in the "information for medical and health use only"
				section of the birth certificate shall not be included, except as provided by
				statute or regulation.
B.
Form of records
. The format of all certificates shall be at the
				discretion of the state registrar. Each non-memorial certificate to be
				authentic shall contain the seal of the state of New Mexico, the signature of
				the state registrar or authorized delegate, and a certification as
				prescribed.
C.
Verification
. Confidential verification of the facts contained in
				a vital record may be furnished by the state registrar to any federal, state,
				county or municipal government agency, or to any other agency representing the
				interest of the registrant, subject to and any limitations as provided for in
				these regulations. Verifications shall be on forms prescribed and furnished by
				the state registrar, or on forms furnished by the requesting agency and
				acceptable to the state registrar; or, the state registrar may authorize the
				verification in other ways when it shall prove in the best interests of his or
				her office. Costs incurred in the provision of the verification shall be the
				responsibility of the receiving agency.
D.
Fraud
. When the state
				registrar finds evidence that a certificate was requested or registered through
				misrepresentation or fraud, he or she shall have authority to withhold the
				issuance of the certificate. If any certificate has already been issued and
				cannot be recalled, the state registrar shall tag the record for non-issuance,
				and notify all concerned agencies of the presumption of fraud.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.22 - MISSING CHILD REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Upon notification of the state registrar by a law
				  enforcement agency that a child born in this state is missing, the record shall
				  be flagged "M.C., do not issue" or electronically flagged.
A. Upon notification by a law enforcement
				agency that a child born outside this state is missing, the state registrar
				shall notify the corresponding officer in the state where the child was born
				that the child has been reported missing.
B. In response to any inquiry or request for
				a certificate, the state registrar or any appointed local registrar appointed
				by the state registrar shall not provide a copy of a birth certificate or
				information concerning the birth record of any missing child whose record is
				flagged, except following the notification of the law enforcement agency having
				jurisdiction over the investigation of the missing child.
C. Upon notification by a law enforcement
				agency that a missing child has been recovered, the state registrar shall
				remove the flag from the child's birth record.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.23 - FEES FOR COPIES, SEARCHES AND OTHER SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
No copy of a birth certificate or certificate of death shall
				  be issued until the fee for the copy is received unless specific approval has
				  been obtained from the state registrar or otherwise provided for by statute or
				  regulation.
A. Each search for a birth
				certificate, death certificate, or certificate of still birth will be conducted
				upon receipt of the statutorily required fee pursuant to Section
				24-14-29 NMSA 1978. The fee shall
				include one certified copy of the record, if available, and if no record is
				found the fee shall be non-refundable.
B.
Delayed birth or death
				registration
. A delayed record will be created upon receipt of the
				statutorily required fee pursuant to Section
				24-14-29 NMSA 1978, and shall
				include one certified copy of the delayed record.
C. An individual may have all fees waived by
				signing a form approved by the bureau attesting to the fact that they are
				homeless at the time of the request.
D. Amendments.
(1)
Minor corrections
. For the
				amendment of a record due to obvious errors, omissions on birth records (other
				than the name of the father), or transposition of letters in words of common
				knowledge, there shall be no charge.
(2)
Major corrections
. For the
				amendment of a record requiring the creation of an affidavit of correction or
				the submission of documentary evidence to support a change or correction to a
				record, the amendment will be made upon receipt of the statutorily required fee
				pursuant to Section
				24-14-29 NMSA 1978, and shall
				include one certified copy of the amended record.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.24 - COURT ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Court orders
				received by the bureau which order the amendment or creation of a vital records
				which are inconsistent with information known or maintained by the bureau may
				require the formal or other challenge of such if the bureau was not given
				notice of the related hearing or otherwise made aware of the proceeding prior
				to receiving the court order or was not provided with supporting documentary
				evidence relied on by the court to support its findings. Such action is
				necessary to protect the integrity and accuracy of the vital records held by
				the state registrar pursuant to state law.
B. The bureau will work cooperatively with
				tribal courts and authorities to meet the requirements of state law and the
				needs of the tribes.
C. Changes
				contained in a court order are only applicable to the person or persons
				specifically mentioned in the court order. A court ordered name change is only
				applicable to the registrant and will not operate as a method to amend any
				other vital record unless otherwise specified in the order.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.25 - NAMING

Current through Register Vol. 35, No. 13, July 16, 2024
For all parts of this section, any document in which a name
				  is created or amended, the name given must comply with the following
				  requirements:
A. must include a first
				and last name;
B. must be a full
				name and may not include initials;
C. may not be obscene, offensive, bizarre, or
				unduly lengthy;
D. may not be used
				for fraudulent purposes; and
E. may
				only use the 26 letters of the English alphabet and may not contain characters
				except hyphens, apostrophes, and periods.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 2 - VITAL RECORDS AND STATISTICS › Section 7.2.2.26 - REPORTING; MEDICAL AID IN DYING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A healthcare provider who prescribes medical aid in dying medication to an
				individual must fully complete the designated online form as soon as possible
				but in no case later than 30 days of issuing the prescription. The submitted
				form will be assigned a number for administrative purposes, and the form number
				will be sent to the healthcare provider who completed the designated form. The
				current version of the medical aid in dying reporting forms will be available
				for completion on the department website.
B. If after making reasonable efforts within
				30 days of issuing the prescription, the healthcare provider is not aware of
				whether the prescription has been ingested, or if the prescription has not yet
				been ingested, the provider must complete the designated online form and mark
				either "not yet ingested" or "unknown".
C. If a healthcare provider marks "not yet
				ingested" or "unknown" on the form, the healthcare provider must update that
				information online using the number assigned on the original form within 6
				months of issuing the prescription. "Unknown" will not be accepted on the
				updated form. The department will send a reminder to the healthcare provider if
				an update has not been provided within 4 months of the initial online form
				submission.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations provide a process to protect the parental
				  rights of fathers who affirmatively assume responsibility to children they have
				  fathered and to expedite the adoption of children whose biological fathers have
				  not assumed responsibility for their children. A listing in the registry does
				  not replace or supersede the acknowledgment of paternity provisions of the
				  vital statistics regulations (7 NMAC 2.2) [now 7.2.2 NMAC].
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth here are promulgated by the
				  secretary of health by the authority of Sections
				  24-1-3,
				  24-1-5
				  and
				  9-7-6
				  and implements the Putative Father Registry (Section 32A-5-20 NMSA 1978) and
				  shall be known as the Putative Father Registry Regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10-31-96, unless a later date is cited at the end of a
				  Section or Paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are promulgated pursuant to statute for the
				  purpose of installing, maintaining and operating the putative father registry.
				  The purpose of the putative father registry is to protect the parental rights
				  of fathers who affirmatively assume responsibility for children they may have
				  fathered and to expedite adoption of children whose biological fathers are
				  unwilling to assume responsibility for their children by registering with the
				  putative father registry or otherwise acknowledging their children. The
				  registry does not relieve the obligation of mothers to identify known fathers.
				  The registry does not replace the filing of an acknowledgment of
				  paternity.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these regulations:
A. "Bureau" means the bureau of vital records
				and health statistics, which was formerly and in statute referred to as the
				vital statistics bureau. (Vital Statistics Act, Section
				24-14-1 et
				sequens NMSA 1978 as amended)
B.
				"Putative father registry" is a registry of the fathers who affirmatively
				assume or who have been ordered by the court to assume responsibility for
				children they have fathered and whose names and other information have been
				entered into the registry pursuant to Section 32A-5-20 NMSA 1978.
C. "State registrar" means the person
				appointed under Section
				24-14-4
				NMSA 1978 of the Vital Statistics Act to fulfill the duties defined in Section
				24-14-5
				of the Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.8 - LOCATION OF THE REGISTRY AND AUTHORITY FOR ITS OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
The putative father registry shall be located in the bureau.
				  The state registrar shall be responsible for its installation, operation and
				  maintenance.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.9 - WHO SHALL BE ENTERED INTO THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The names, addresses and other required information of only
				  the following persons shall be recorded in the registry:
A. any person adjudicated by a court of this
				state to be the father of a child; or
B. any person who has filed with the
				registry, before or after the birth of a child out-of-wedlock, a notice of
				intent to claim paternity of the child; or
C. any person who has filed with the registry
				an instrument acknowledging paternity; or
D. any person adjudicated by a court of
				another state or territory of the United States to be the father of an
				out-of-wedlock child, when a certified copy of the court order has been filed
				with the registry.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.10 - WHO SHALL NOT BE ENTERED INTO THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
Persons filing an affidavit of paternity with the bureau
				  under the provisions of the Vital Statistics Act or any other legislation or
				  regulations promulgated therefor will not be recorded in the registry unless
				  they meet the requirements set forth in Section 9 [now
				  7.2.3.9
				  NMAC] or specifically request their inclusion in the registry under Sections
				  9.2 - 9.4 [now Subsections B - D of
				  7.2.3.9
				  NMAC] of the regulations governing the putative father registry. Requestors
				  must provide all information required by these regulations on a form provided
				  for that purpose by the state registrar.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.11 - FILING AN ACKNOWLEDGMENT OF PATERNITY WITH BUREAU DOES NOT ENTER NAME INTO PUTATIVE FATHER REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
Persons filing an acknowledgment of paternity with the bureau
				  under the Vital Statistics Act and regulations promulgated for the Act will not
				  be entered into the putative father registry unless they meet the requirements
				  set forth in Section 9.2 - 9.4 [now Subsections B - D of
				  7.2.3.9
				  NMAC] of these regulations and provide the requisite information described in
				  Section 12 [now
				  7.2.3.12
				  NMAC].
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.12 - HOW TO FILE WITH THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The following must be provided to the bureau by/for a person
				  who is to be entered into the registry:
A. For a father who is being entered as a
				result of a court order, a certified copy of a court order from a court of
				competent jurisdiction ordering the inclusion of the father's name in the
				registry and the information called for in Section 12.3 [now Subsection C of
				7.2.3.12 NMAC].
B. For affirmative
				requests from persons requesting inclusion in the registry, a signed notarized
				statement on a form provided by the bureau that he wishes to be entered into
				the registry and the information specified in Section 12.3 [now Subsection C of
				7.2.3.12 NMAC] shall be provided.
C.
(1) The
				putative father's full name, complete address and complete telephone number;
				and
(2) The putative father's date
				of birth and place of birth, including state and county; and
(3) The date (or expected date) of birth of
				the child for whom the registrant is affirmatively assuming responsibility, the
				place (or expected place) of birth of the child and (if born) the child's full
				name; and
(4) The full maiden name
				of (and any other name which may be used by) the mother of the child, her date
				and place of birth if known and last known full address of the mother;
				and
(5) Other information as
				required by the state registrar to make retrieval of the information possible
				and to serve the ends for which the registry was created.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.13 - CHANGE OF ADDRESS NOTIFICATION AND FORM

Current through Register Vol. 35, No. 13, July 16, 2024
It is the responsibility of the person filing with the
				  registry to notify the bureau of any change of address on a form or in a format
				  required by the bureau. All requested information necessary to link the
				  addressee with the child shall be provided.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.14 - REVOCATION OF INTENT TO CLAIM PATERNITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any father who has filed a notice of intent to claim
				  paternity with the registry (but not fathers entered as a result of a court
				  order) may revoke his notice at any time by communicating his intent in writing
				  to the registry on the form prescribed by the state registrar. Upon receipt by
				  the registry of the notarized notice of revocation, the notice of intent to
				  claim paternity shall be removed from the registry and deemed never to have
				  been registered. Court orders finding paternity and acknowledgments of
				  paternity filed under the Vital Statistics Act shall not be affected by this
				  regulation (Section
				  24-14-1 et
				  sequens).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.15 - SEARCH OF THE REGISTRY: FOR OTHER AGENCIES, COURTS, DEPARTMENTS, PETITIONER'S ATTORNEY OR MOTHER OF THE CHILD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department shall, upon request, provide the names and addresses of fathers
				listed with the registry to any court of competent jurisdiction, department
				that by law is authorized to take actions affecting the child's health safety
				or welfare, agency, the petitioner's attorney or the mother of the
				child.
B. The information shall not
				be divulged to any other person, except upon order of the court for good cause
				shown.
C. If the registry has not
				received a notice of intent to claim paternity or an acknowledgment of
				paternity, the department shall provide a written statement to that effect to
				the person making the authorized inquiry.
D. A search of the registry is not a search
				of records maintained under the Vital Statistics Act. Information relating to
				acknowledgments of paternity or court ordered paternities filed before July 1,
				1993 under the Vital Statistics Act (Chapter
				24-14-1 et
				seq. NMSA 1978) will not be a part of this search and information regarding
				these paternities shall not be released under these regulations.
				Acknowledgments of paternity filed after July 1, 1993 which are not accompanied
				by an affirmative request for inclusion in the registry and court ordered
				paternities which do not contain the information required by these regulations
				will not be included in the registry.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.16 - FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Forms required to install, maintain and operate the registry
				  will be developed solely by the bureau. The forms are the property of the
				  bureau. Forms will be made available upon request to the bureau of vital
				  records and health statistics, New Mexico department of health, P. O. Box
				  26110, Santa Fe, New Mexico 87502 or at any subsequent address where the
				  registry is maintained.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.17 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
There shall be no fee charged for registering or revoking the
				  intent to claim paternity of a child nor shall there by any charge for
				  individual forms requested by a prospective registrant.
A. The fees for the search of the registry
				shall be as follows:
(1) Fee for a normal
				search and reply: The fee for a normal search of the registry, completed within
				10 working days of receipt if all information required to located therecord has
				been provided, will be twelve dollars ($12.00.)
(2) Fee for an expedited search: The fee for
				an expedited search, which will be competed within two working days, will be
				thirty-five dollars ($35.00). The cost of any credit card processing fee,
				overnight delivery charge, fax service, cost of additional information search
				or other service provided will be added to the thirty-five dollars ($35.00)
				fee.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.18 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who intentionally and unlawfully releases
				  information from the putative father registry to the public or makes any other
				  unlawful use of the information in violation of the provisions of this section
				  is guilty of a petty misdemeanor and shall be sentenced pursuant to the
				  provisions of Section
				  31-19-1
				  NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 2 - VITAL STATISTICS › Part 3 - PUTATIVE FATHER REGISTERY › Section 7.2.3.19 - OTHER LAW AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are subject to the provisions of the
				  department of health's regulations governing the promulgation of regulations,
				  regulations and statutes governing public access to department records and the
				  Vital Statistics Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 3 - STATE MEDICAL INVESTIGATOR'S OFFICE › Part 2 - POLICIES OF THE OFFICE OF THE MEDICAL INVESTIGATOR › Section 7.3.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This document is a compilation of the duties of the staff of
				  the office of the medical investigator as outlined in the statutes of New
				  Mexico and certain regulations of official agencies involved in death
				  investigation. It discusses those policies that have been formulated under the
				  supervision of the board of medical investigation to carry out the designated
				  responsibilities of this office. It is intended to assist interested parties in
				  understanding the basic structure of the New Mexico system of death
				  investigation. John E. Smialek, M.D., Chief Medical
				  Investigator.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 3 - STATE MEDICAL INVESTIGATOR'S OFFICE › Part 2 - POLICIES OF THE OFFICE OF THE MEDICAL INVESTIGATOR › Section 7.3.2.8 - DUTIES OF THE OFFICE OF THE MEDICAL INVESTIGATOR

Current through Register Vol. 35, No. 13, July 16, 2024
In all cases of reportable deaths as defined in this
				  document, the OMI will:
A. receive all
				reports of sudden, unexpected or unexplained deaths;
B. respond to all sudden, unexpected or
				unexplained deaths;
C. in the
				absence of a physician, pronounce death;
D. take custody of the body and all articles
				on or near the body;
E. maintain
				the chain of custody of the body and all articles obtained therefrom;
F. conduct an investigation leading to the
				determination of the cause and manner of death;
G. obtain toxicology samples from the body
				when indicated, and arrange for necessary tests upon those samples that will
				aid in the determination of cause and manner of death; maintain the proper
				chain of custody and evidence on those samples; store those samples for an
				appropriate period of time;
H.
				certify the cause and manner of death; forward written certification to
				designated agencies;
I. properly
				dispose of human remains through release to family or designated and authorized
				entities;
J. provide accurate
				identification of all human remains when possible;
K. cooperate with authorized agencies having
				involvement with death investigation;
L. provide professional, objective testimony
				in state and local courts of law;
M. define procedures that establish fees for
				services and material provided by the office of the medical
				investigator;
N. define procedures
				to reimburse all parties providing services to the office of the medical
				investigator;
O. establish and
				maintain a disaster plan outlining the role of OMI staff;
P. maintain records of each official death
				investigation and provide reports to official agencies.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 3 - STATE MEDICAL INVESTIGATOR'S OFFICE › Part 2 - POLICIES OF THE OFFICE OF THE MEDICAL INVESTIGATOR › Section 7.3.2.10 - REPORTING DEATHS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Citations
				and Regulations:
(1)
										24-11-5
				NMSA 1978: 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.
(2)
										24-11-10
				NMSA 1978:
(a) It is unlawful to:
(i) wilfully 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
(ii) 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.
(3) Physicians' Handbook on Medical
				Certification: Death, Birth, Fetal Death. U.S. Department of Health, Education,
				and Welfare, DHEW Publication No. (PHS) 78-1108, Section IId.