N.M. Stat. § 24-14-20
Death registration.
A. A death certificate for each death that occurs in this state shall be filed within five
days after the death and prior to final disposition. The death certificate shall be
registered by the state registrar if it has been completed and filed in accordance with
this section, subject to the exception provided in Section 24-14-24 NMSA 1978;
provided that:
(1)
if the place of death is unknown but the dead body is found in this state, a
death certificate shall be filed with a local registrar within ten days after the occurrence.
The place where the body is found shall be shown as the place of death. If the date of
death is unknown, it shall be approximated by the state medical investigator; and
(2)
if death occurs in a moving conveyance in the United States and the body
is first removed from the conveyance in this state, the death shall be registered in this
state and the place where the body is first removed shall be considered the place of
death. When a death occurs on a moving conveyance while in international waters or
air space or in a foreign country or its air space and the body is first removed from the
conveyance in this state, the death shall be registered in this state, but the certificate
shall show the actual place of death insofar as can be determined by the state medical
investigator.
B. The funeral service practitioner or person acting as a funeral service practitioner
who first assumes custody of a dead body shall:
(1)
file the death certificate;
(2)
obtain the personal data from the next of kin or the best qualified person
or source available; and
(3)
obtain the medical certification of cause of death.
C. The medical certification shall be completed and signed within forty-eight hours
after death by the physician, nurse practitioner or physician assistant in charge of the
patient's care for the illness or condition that resulted in death, except when inquiry is
required by law. Except as provided in Subsection D of this section, in the absence of
the physician, nurse practitioner or physician assistant, or with the physician's, the nurse
practitioner's or the physician assistant's approval, the medical certification may be
completed and signed by the physician's associate physician, the nurse practitioner's
associate nurse practitioner, the physician assistant's associate physician assistant, the
chief medical officer of the institution in which death occurred or the physician who
performed an autopsy on the decedent; provided that the individual has access to the
medical history of the case and views the deceased at or after death and that death is
due to natural causes.
D. Unless there is reasonable cause to believe that the death is not due to natural
causes, a registered nurse employed by a nursing home or a hospice agency may
pronounce the death of a resident of the nursing home and a registered nurse employed
by a hospital may pronounce the death of a patient of the hospital. The nurse shall
have access to the medical history of the case and view the deceased at or after death,
and the individual who completes the medical certification shall not be required to view
the deceased at or after death. The death shall be pronounced pursuant to procedures
or facility protocols prescribed by the hospital for patients or by the physician who is the
medical director of the nursing home for residents. The procedures or facility protocols
shall ensure that the medical certification of death is completed in accordance with the
provisions of Subsection C of this section.
E. For purposes of this section:
(1)
"hospital" means a public hospital, profit or nonprofit private hospital or a
general or special hospital that is licensed as a hospital by the health care authority;
(2)
"nurse practitioner" means a registered nurse who is licensed by the board
of nursing for advanced practice as a certified nurse practitioner and whose name and
pertinent information are entered on the list of certified nurse practitioners maintained by
the board of nursing; and
(3)
"nursing home" means any nursing institution or facility required to be
licensed under state law as a nursing facility by the health care authority, whether
proprietary or nonprofit, including skilled nursing home facilities.
F. When death occurs without medical attendance as set forth in Subsection C or D
of this section or when death occurs more than three hundred sixty-five days after the
decedent was last provided a medical examination, medical advice or a prescription for
medication by a primary care physician, physician assistant or nurse practitioner, the
case shall be referred to the state medical investigator for investigation to determine
and certify the cause of death. If a physician, physician assistant or nurse practitioner is
unable to certify the cause of death for a decedent by reasonably ascertaining the
cause of death from the decedent's medical history, the case shall be referred to the
state medical investigator for investigation to determine and certify the cause of death.
G. An amended death certificate based on an anatomical observation shall be filed
within thirty days of the completion of an autopsy.