Section 61-32-29 – Construction. (Repealed effective July 1, 2024.)
Nothing in the Funeral Services Act shall be construed to: A. prohibit a funeral service practitioner or funeral service intern under the supervision of a funeral service practitioner from providing a direct disposition at a funeral or commercial establishment; or B. govern or limit the authority of any personal representative, trustee or other person having […]
Section 61-32-30 – Criminal penalties. (Repealed effective July 1, 2024.)
A person who commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year, or both: A. violation of any provision of the […]
Section 61-32-30.1 – Unlicensed activity; civil penalty. (Repealed effective July 1, 2024.)
The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a fine in an amount not to exceed two thousand dollars ($2,000) and costs on a person who is found to have acted without a license in violation of the Funeral Services Act by a court or an administrative proceeding as provided for […]
Section 61-32-30.2 – Cease and desist orders; fines; finality; hearings. (Repealed effective July 1, 2024.)
A. Notwithstanding the provisions of Sections 61-1-3 and 61-32-24 NMSA 1978, if the board has reasonable cause to believe a person is committing a violation of a provision of the Funeral Services Act, or a rule adopted pursuant to that act, that creates a health risk for the community or a risk to the orderly […]
Section 61-32-31 – Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)
The board of funeral services is terminated on July 1, 2023 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of Section 12-9-18 NMSA 1978 until July 1, 2024. Effective July 1, 2024, the Funeral Services Act is repealed. History: Laws […]
Section 61-32-26 – Fund established. (Repealed effective July 1, 2024.)
A. There is created in the state treasury the “funeral services fund”. B. All fees and costs received or collected by the board or the department pursuant to provisions of the Funeral Services Act shall be deposited with the state treasurer for credit to the funeral services fund. The state treasurer shall invest the fund […]
Section 61-32-27 – Criminal offender employment act. (Repealed effective July 1, 2024.)
The provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978] shall govern any consideration of criminal records required or permitted pursuant to the provisions of the Funeral Services Act. History: Laws 1993, ch. 204, § 27; 2012, ch. 48, § 20. ANNOTATIONS Delayed repeals. — For delayed repeal of this section, […]
Section 61-32-28 – Communications; confidentiality. (Repealed effective July 1, 2024.)
All written and oral communications made to the board relating to potential disciplinary action shall be subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. History: Laws 1993, ch. 204, § 28; 1999, ch. 284, § 20. ANNOTATIONS Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA […]
Section 61-32-17.1 – Repealed.
ANNOTATIONS Repeals. — Laws 1993, ch. 204, § 32 repealed 61-32-17.1 NMSA 1978, as enacted by Laws 1983, ch. 137, § 4, concerning crematory permits, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
Section 61-32-18 – Commercial establishments; scope of practice; limitations. (Repealed effective July 1, 2024.)
A. The scope of practice of a commercial establishment depends on the entity for whom the commercial establishment is acting as an agent and is subject to the following terms and conditions: (1) when acting under the direction of a licensed funeral establishment, the commercial establishment may: (a) engage in transportation of dead human bodies, […]