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 7.3.2.9 - ADMINISTRATION - ORGANIZATION

Universal Citation: 7 NM Admin Code 7.3.2.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Citations and regulations:

(1) 24-11-1 NMSA 1978 - There is created the "board of medical investigators" consisting of the dean of the medical school at the university of New Mexico, the secretary of health and environment, the chief of the state police and the chairman of the state board of thanatopractice of the state of New Mexico. 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].

(2) 24-11-2 NMSA 1978:
(a) The board of medical investigations 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 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 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.

(3) 24-11-3 NMSA 1978:
(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 cofurse 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.

B. Policy: Board of medical investigators: By statute, four individuals sit on this board and convene when required for development of matters of policy. The members are the dean of the school of medicine, university of New Mexico; the secretary of health and environment; the chief of the New Mexico state police; and the chairman of the New Mexico state board of thanatopractice. The board appoints the state medical investigator. Certain positions are described in the statute.

(1) State medical investigator: A licensed physician appointed by the board responsible for developing the rules and regulations for the proper investigation of deaths occurring within the state of New Mexico.

(2) Medical investigator: A forensic pathologist who assists the state medical investigator in the performance of his duties.

(3) District medical investigator: A licensed physician appointed by the state medical Investigator who is responsible for directing the investigations within a particular district in which they practice. This physician is responsible for the certification of death of those OMI cases within his district that remain in that district. This physician is appointed by and serves as requested by the state medical investigator. He is called for assistance in OMI cases and is reimbursed for each case in accordance with the fee schedule maintained by the central office.

(4) Medical investigator district: An area designated by the state medical investigator that generally coincides with boundaries of the respective judicial districts.

(5) Designated pathologist: A licensed physician who is state certified and duly qualified as a pathologist and is appointed by the state medical Investigator. This physician conducts those examinations within his jurisdiction as directed by the state medical Investigator, reporting those findings to the central office of the OMI. Reimbursement for each case is in accordance with the fee schedule maintained by the central office.

(6) Deputy medical investigator: A lay individual appointed and trained by the OMI who responds to the scenes of reportable deaths in order to perform the duties enumerated by law. This individual is specially trained in essential aspects of forensic medicine and death investigation. Deputy medical investigators are required to be available to respond to the scene of an OMI jurisdictional death. More than one deputy medical investigator can be assigned to a district. Deputy medical investigators may also serve as full-time employees who, in addition to performing the stated duties of the deputy medical investigator, perform specialized duties required in the central office. Annual review and biannual training are required for continued certification.

(7) Central office: The central office of the OMI was established within the university of New Mexico, school of medicine, in Albuquerque. The administrative office and repository of official records of the forensic pathology services are provided at this location.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.