Current through Register Vol. 35, No. 18, September 24, 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.
B.
Disposition of a dead body not under
the supervision of a licensed New Mexico funeral service practitioner, direct
disposer. When a death occurs in a hospital or other institution, and
the disposition is not under the supervision of a licensed New Mexico funeral
service practitioner, or direct disposer, the person in charge of such an
institution or his or her designated representative shall:
(1) initiate the certificate of death or
burial as follows:
(a) place the full name of
the decedent and the date of death on the certificate of death registration
form;
(b) obtain the information
from the person to whom the body is being released and complete on the
disposition section of the form the method and place of disposition;
and
(c) obtain the medical
certification of the cause of death from the certifier and the certifier's
signature;
(2) obtain
and verify through identification the full name and address of the person to
whom the dead body is being released for disposition, and the place of
disposition; and
(3) advise the
person taking charge of the dead body of the statutory requirements to file the
certificate of death registration form within 5 days, and prior to final
disposition;
(4) send a photocopy
of the partially completed certificate of death along with the name and address
of the person who is not a funeral service practitioner, but who is acting as
such, to the bureau of vital records and health statistics within five
days;
(5) the original, partially
completed copy of the registration form shall be completed by the person who is
not a funeral service practitioner, but who is acting as such, to file within
five days with the bureau of vital records and health statistics.
C.
Filing of fetal death
report. For any fetal death in which the fetus has attained at least
twenty-week gestation or if gestational age is unknown, when the fetus weighs
no less than 350 grams occurring in the state, a fetal death report shall be
filed by the hospital, institution, physician, or, in the event the fetal death
was unattended by any of the former, by the office of the medical investigator
within 10 days and prior to final disposition. If a fetal death occurs with a
midwife in attendance, the office of the medical investigator must be notified
since New Mexico law limits pronouncement of death to a physician, certified
nurse practitioner, or the office of the medical investigator. If a funeral
service practitioner is aware that a fetal death occurred without medical
attention, the funeral services provider shall notify the office of the medical
investigator to initiate the report of fetal death. In all circumstances, a
fetal death report must be initiated before the fetus is released for
disposition.
D.
Authorization
for disinterment and reinterment. An authorization for disinterment and
reinterment of a dead body shall be issued by the state registrar or state
medical investigator on the form prescribed, upon receipt of a written request
from the immediate family and the person who is in charge of the disinterment
or upon receipt of an order of a court of competent jurisdiction directing the
disinterment . and a certified copy of the death certificate if the death did
not occur in New Mexico. A disinterment/reinterment permit can only be issued
to a licensed funeral service practitioner or direct disposer.
(1) Upon receipt of a court order or signed
permission of the owner of the cemetery or burial ground, the state registrar
or state medical investigator may issue one authorization to permit
disinterment and reinterment of all remains in a mass disinterment. Insofar as
possible, the remains of each body should be identified. The place of
disinterment and reinterment shall be specified, including the cemetery name,
the city, county and state of burial. The authorization shall be permission for
disinterment, transportation and reinterment.
(2) Authorization shall be obtained from the
state archaeologist for disinterment subject to the provisions of Section
18-6-11 NMSA 1978.
(3) A dead body properly prepared by an
embalmer and deposited in a receiving vault shall not be considered a
disinterment when removed from the vault for final disposition.
(4) No permit shall be issued for
disinterment/reinterment of a dead body within the boundaries of a single
cemetery, but notice of such should be provided to the immediate family of the
decedent.
