Current through Register Vol. 35, No. 6, March 26, 2024
A. Citations and
Regulations:
(1)
24-11-6
NMSA 1978 B: In those cases where the death resulted from a motor vehicle
accident on a public highway, and the state, district or deputy medical
investigator performs or causes to be performed a test or tests to determine
the alcoholic content of the deceased's blood, a copy of the report of this
test shall be sent to the planning division of the state highway department for
the department's use only for statistical purposes. The copy of the report sent
to the planning division of the state highway department of the results shall
not contain any identification of the deceased and shall not be subject to
judicial process.
(2)
24-11-8
NMSA 1978 - 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.
(3)
Memorandum: "Records of the office of the medical investigator" legal opinion,
university of New Mexico legal counsel, September 1983: Public records:
Internal correspondence is protected by executive privilege; Records from other
agencies are exempt.
(4) COMPLIANCE
GUIDE - The Inspection of Public Records Act, Sections
14-2-1,
to
14-2-3, NMSA
1978, state of New Mexico, office of the attorney general, September 30,
1980.
B. Policy: Records
documenting the investigation and subsequent findings of those investigations
of deaths reported to the OMI are prepared and stored and made available for
appropriate and legitimate requests. The central OMI is the record repository,
and all reports, investigative findings, slides and photography and any other
material gathered during a death investigation anywhere in the state shall be
forwarded to the central office. The information gathered in the course of
these investigations is compiled at public expense. Therefore, any person
having a legitimate cause for requesting specific reports or any information
concerning the cause and manner of death, may do so from the central OMI and
shall receive the reports after prepaying an administrative processing fee.
Computer generated statistics are available upon legitimate request and
prepayment of a designated fee. Internal correspondence, represented by
reports, memoranda, opinions, photographs or other parts of a case file are
protected by executive privilege and may be released only by specific
authorization of the chief medical investigator when a legitimate purpose has
been demonstrated and an administrative processing fee has been received.
Records within case files obtained from other agencies, including hospitals,
mental health facilities, law enforcement agencies, or physicians' records, may
not be released by the OMI. These documents must be requested from the primary
source of the record.
(1) Maintain records -
provide reports: A subpoena duces tecum is a court order to appear at a court
hearing and to bring specified records to that hearing. The term "all files
and/or records" shall mean the entire file. When records within the OMI file
are copies of records generated by other agencies, such as a hospital or law
enforcement agency, the subpoenaing agency must be so advised. The records and
reports of the OMI that are created at public expense and, therefore, are
considered public record, are the final report of death, the autopsy report,
and the toxicology report. The final report of death contains the summary of
the investigation and lists the appropriate district attorney and law
enforcement agency having jurisdiction. Both of these agencies are routinely
provided, copies of these reports at no charge. It is prepared by the
responsible deputy medical investigator and recorded in final form at the
central office. The cause and manner of death are provided on this report. The
autopsy report is prepared by the designated pathologist following an internal
examination. The toxicology report is prepared by the state laboratory eivision
at the request of the OMI. It reflects results of only those tests requested.
In those cases where the death resulted from a motor vehicle accident on a
public highway, a copy of the report of any test made upon the deceased for
blood alcohol shall be provided to the planning division of the state highway
department for statistical purposes. The report shall contain no identification
of the deceased and shall not be subject to the judicial process.
(2) Information to the public: The
information gathered in the course of an OMI investigation forms a public
record. Any person having a legitimate reason to review the information may do
so at the office of the medical investigator. Police, hospital or physicians'
records acquired by the OMI in the course of the investigation are exempt from
public viewing and must be obtained from the originating agency. Once the
identification of an individual has been determined by the OMI or any other
agency, it is the responsibility of the local law enforcement agency to assure
that next of kin has been notified prior to releasing the identity to the
media.
