2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 2 - Statutory Construction
Section 12-2-4 - Determination of death.

A. For all medical, legal and statutory purposes, death occurs when an individual has sustained either:

(1) irreversible cessation of circulatory or respiratory functions; or

(2) irreversible cessation of all functions of the entire brain, including the brain stem.

B. A determination of death shall be made in accordance with accepted medical standards.

C. Death is to be pronounced pursuant to the provisions of Subsection A of this section before artificial means of supporting circulatory or respiratory functions are terminated and before any vital organ is removed for purposes of transplantation, therapy, research or education in compliance with the provisions of the Jonathan Spradling Revised Uniform Anatomical Gift Act [24-6B-1 through 24-6B-25 NMSA 1978].

D. The definition of death set forth in Subsection A of this section is to be utilized for all purposes in this state, including civil and criminal actions, notwithstanding any other law to the contrary.

History: 1978 Comp., § 12-2-4, enacted by Laws 1993, ch. 174, § 1; 2007, ch. 323, § 26.

Repeals and reenactments. — Laws 1993, ch. 174, § 1 repealed former 12-2-4 NMSA 1978, as enacted by Laws 1973, ch. 168, § 1, relating to death defined, and enacted a new section, effective July 1, 1993.

The 2007 amendment, effective July 1, 2007, provided that death is to be pronounced before any vital organ is removed for purposes of therapy, research or education and changed the name of the act.

Law reviews. — For lecture, "Euthanasia and the Right to Die: Nancy Cruzan and New Mexico," see 20 N.M.L. Rev. 675 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Homicide § 1.5.

Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18.

25 C.J.S. Death § 1.