A. Upon the determination that a body is unclaimed, the medical investigator shall retain the body for use only for medical education or shall certify that the body is unnecessary or unsuited for medical education and release it to the state, county or municipal officials having charge or control of the body for burial. The state, county, municipal officials or other person having charge or control of the body of a decedent shall have the body removed for disposition within three weeks from the date on which the medical investigator notified the appropriate entity. B. If the unclaimed body is retained for use in medical education, the facility or person receiving the body for that use shall pay the costs of preservation and transportation of the body and shall keep a permanent record of bodies received. C. If a decedent was an inmate of a public institution, the institution shall transmit, upon request of the medical investigator, a brief medical history of the person for purposes of identification and permanent record. The records shall be open to inspection by any state or county official or district attorney. History: Laws 1941, ch. 148, §§ 3 to 5; 1941 Comp., §§ 71-503 to 71-505; 1953 Comp., § 12-7-2, reenacted by Laws 1973, ch. 354, § 2; 1977, ch. 204, § 2; 1978 Comp., § 24-12-2; 1999, ch. 241, § 2; 2023, ch. 162, § 2. Repeals and reenactments. — Laws 1973, ch. 354, § 2, repealed 12-7-2, 1953 Comp., relating to conduct of postmortem examinations, and enacted a new section. For present comparable provisions, see 24-12-4 NMSA 1978. Cross references. — For burial of indigents, see 24-13-1 NMSA 1978. The 2023 amendment, effective July 1, 2023, included any person having charge or control of a dead body in an existing provision related to removing the dead body for disposition; and, added "or other person having charge or control of the body of a decedent", and after "medical investigator", deleted "released the body" and added "notified the appropriate entity". The 1999 amendment, effective June 18, 1999, in Subsection A, added the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — Homicide: cremation of victim's body as violation of accused's right, 70 A.L.R.4th 1091.
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