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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 61-32-18 – 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 (Repealed effective July 1, 2024.)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, […]
Section 61-32-19 – Cremation; requirements; right to authorize cremation; disposition of cremains. (Repealed effective July 1, 2024.)
A. No cremation shall be performed until all necessary documentation is obtained authorizing the cremation. B. An adult person may authorize the person’s own cremation and the lawful disposition of the person’s cremains by: (1) stating the person’s desire to be cremated in a written statement that is signed by the person and notarized or […]
Section 61-32-19.1 – Crematory; scope of practice; limitations. (Repealed effective July 1, 2024.)
A. The scope of practice of a crematory and its crematory authority is limited to cremation of dead human bodies and pulverization of cremains. A crematory and its crematory authority shall act as an agent of licensed funeral, commercial or direct disposition establishments and schools of medicine. A crematory and its crematory authority may: (1) […]
Section 61-32-20 – Embalming. (Repealed effective July 1, 2024.)
A. All dead human bodies not disposed of within twenty-four hours after death or release or receipt by the establishment or crematory shall be embalmed in accordance with the Funeral Services Act or stored under refrigeration as determined by board rule, unless otherwise required by regulation of the office of the state medical investigator or […]
Section 61-32-21 – License renewal. (Repealed effective July 1, 2024.)
A. All licenses expire annually and shall be renewed by submitting a completed renewal application, accompanied by the required fees, on a form provided by the board. B. The board may require proof of continuing education or other proof of competency as a requirement for renewal; provided that a licensee who is age sixty-five or […]
Section 61-32-22 – Inactive status. (Repealed effective July 1, 2024.)
A. A funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer who has a current license may request that the license be placed on inactive status. Except as provided in Subsection E of this section, the board shall approve each request for inactive status. B. A license placed on inactive status may […]