A. For deaths or spontaneous fetal deaths which have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer.

B. A burial-transit permit shall be issued by the state registrar or a local registrar for those bodies which are to be transported out of the state for final disposition or when final disposition is being made by a person other than a funeral service practitioner or direct disposer.

C. A burial-transit permit issued under the law of another state or country which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.

D. A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. The permit shall be issued by the state registrar or state medical investigator to a licensed funeral service practitioner or direct disposer.

E. A permit for cremation of a body shall be required prior to the cremation. The permit shall be issued by the state medical investigator to a licensed funeral service practitioner, direct disposer or any other person who makes the arrangements for final disposition.

History: 1953 Comp., § 12-4-43, enacted by Laws 1961, ch. 44, § 21; 1981, ch. 309, § 17; 1985, ch. 230, § 1.

Cross references. — For disposition of dead bodies, see Chapter 24, Article 12 NMSA 1978.

For burial of indigents, see Chapter 24, Article 13 NMSA 1978.

State registrar shall issue permit to disinter when medical investigator so requires pursuant to the duties and responsibilities of his office. In re Johnson, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.

Requirement of notice of intended autopsy or disinterment. — Under some circumstances due process may require that an interested relative be given notice of an intended autopsy or disinterment of a deceased. In re Johnson, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Dead Bodies §§ 5, 6, 48, 49.

Dead bodies: liability for improper manner of reinterment, 53 A.L.R.4th 394.

39A C.J.S. Health and Environment § 42.