New Mexico Coroner/Medical Examiner Laws

Medicolegal death investigation system

Is medical death investigation system centralized, county-based, or district-based?
Centralized. N.M. Stat. Ann. § 24-11-3.

If centralized, in which department or agency is the system housed?
University of New Mexico School of Medicine. N.M. Stat. Ann. § 24-11-1.

Does the state system have a coroner, medical examiner, or coroners and medical examiners?
Medical examiner. As used in the New Mexico Statutes Annotated, 1978 Compilation, "coroner" means the district medical investigator. N.M. Stat. Ann. § 24-11-3; N.M. Stat. Ann. § 24-11-4.

"In practice" notes
None.

Is there a state medical examiner?
Yes, state medical investigator in the Office of the Medical Investigator (OMI). N.M. Stat. Ann. § 24-11-2.

If so, what is the state medical examiner's role?
E. The state medical investigator may enter into agreements for services to be performed by persons in the course 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 Bernalillocounty. . .

N.M. Stat. Ann. § 24-11-3.

In what department or agency is the state medical examiner's office located?
University of New Mexico School of Medicine. N.M. Stat. Ann. § 24-11-3.

Are there deputies?
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. N.M. Stat. Ann. § 24-11-3.

If so, what are the deputies' roles?
District medical investigator: . . . 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. . . .

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. N.M. Code R. § 7.3.2.

What are the qualifications for deputies?
The district medical investigator shall be a licensed physician. N.M. Stat. Ann. § 24-11-3.

Qualifications, term of office, and training

Is the coroner or medical examiner position elected?
No.

If so, how many years is the term of office?
Not applicable.

What are the qualifications specified by law?
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. N.M. Stat. Ann. § 24-11-3.

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. . . .

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. . .

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 . . . N.M. Code R. § 7.3.2.

Investigations/autopsies

What types of deaths are required to be investigated?
Those deaths to be reported to the office of the medical investigator include all deaths occurring in New Mexico as outlined below regardless of where or when the initial injuring event occurred.

(a) any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for significant heart, lung or other disease;

(b) any death suspected to be due to violence, that is, suicidal, accidental or homicidal injury, regardless of when or where the injury occurred;

(c) any death suspected to be due to alcohol or intoxication the result of exposure to toxic agents;

(d) any deaths of residents housed in county or state institutions, regardless of where death occurs. This refers to any ward or individual placed in such a facility by legal authorization;

(e) any deaths of persons in the custody of law enforcement officers;

(f) any deaths in nursing homes or other private institutions without recent medical attendance;

(g) any deaths that occur unexpectedly during, in association with, or as a result of diagnostic, therapeutic, surgical, or anesthetic procedures;

(h) deaths alleged to have been caused by an act of malpractice;

(i) deaths suspected to be involved with the decedent's occupation;

(j) deaths unattended by a physician;

(k) any death due to neglect;

(l) any still birth of 20 or more weeks' gestation unattended by a physician;

(m) any death of an infant or child where the medical history has not established some pre-existing medical condition;

(n) deaths which are possibly directly or indirectly attributable to environmental exposure not otherwise specified;

(o) any death suspected to be due to infectious or contagious disease wherein the diagnosis and extent of disease at the time are undetermined;

(p) any death occurring under suspicious circumstances;

(q) any death in which there is doubt as to whether or not it is a medical investigator's case should be reported . . .

N.M. Code R. § 7.3.2.

What types of deaths are required to be autopsied?
When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. N.M. Stat. Ann.§ 24-11-7.

An autopsy or post-mortem examination may be performed by a pathologist at the written direction of the district attorney or his authorized representative in any case in which the district attorney is conducting a criminal investigation.

An autopsy or post-mortem examination may be performed by a pathologist at the direction of the state, district or deputy medical investigator when he suspects the death was caused by a criminal act or omission or if the cause of death is obscure. N.M. Stat. Ann. § 24-12-4.

Does the state require that pathologists perform the autopsies?
Yes, [w]hen the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners . . . N.M. Stat. Ann. § 24-11-7.

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