Section 12-2-4 - Determination of death. - New Mexico Statutes

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 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.