Chapter 61 — Chapter 61

ANNOTATIONS Repeals. — Laws 1993, ch. 204, § 32 repealed 61-32-14.1 NMSA 1978, as amended by Laws 1989, ch. 187, § 4, concerning associate funeral service practitioners, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

History: 1978 Comp., § 61-32-15, enacted by Laws 1993, ch. 204, § 15; repealed by Laws 2012, ch. 48, § 26.

History: 1978 Comp., § 61-32-16, enacted by Laws 1993, ch. 204, § 16; repealed by Laws 2012, ch. 48, § 26.

effective July 1, 2030.) A. Except as otherwise provided in the Funeral Services Act, a direct disposer may transport and dispose of a dead human body and participate in any rites or ceremonies after final disposition of the body. B. Prior to interment, entombment or other final …

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 — Laws 1993, ch. 204, § 32 repealed 61-32-17.1 NMSA 1978, as enacted by Laws 1983, ch. 137, § 4, concerning crematory permits, effective June 18, 1993.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.

limitations. (Repealed effective July 1, 2030.) 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 …

disposition of cremains. (Repealed effective July 1, 2030.) 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 …

effective July 1, 2030.) 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 disposi…

In the interest of public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of the care and disposition of the dead human body, it is necessary to provide laws and regulations to govern the handling and care …

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…

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;…

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 f…

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish by rule a schedule of reasonable fees and fines for applications, examinations, licenses, inspections, renewals, penalties, reinstatements and necessary administrative fees. All fees collected shall be dep…

effective July 1, 2030.) A. The board, in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], may take disciplinary action against any licensee, temporary licensee or applicant. B. The board has the authority to take any action set…

A. No person licensed pursuant to the provisions of the Funeral Services Act shall advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another license holder or that may cause confusion or misunderstanding.…

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…

July 1, 2030.) 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…

1, 2030.) 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.

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 li…

As used in the Funeral Services Act: A. "board" means the board of funeral services; B. "committal service" means a service at a place of interment or entombment that follows a funeral conducted at another location; C. "cremains" means cremated remains; D. "cremation" means the r…

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 …

July 1, 2030.) 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…

(Repealed effective July 1, 2030.) 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…

effective July 1, 2030.) The board of funeral services is terminated on July 1, 2029 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, 2030. Effec…

A. Unless licensed to practice under the Funeral Services Act, a person shall not: (1) practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer; (2) use the title or make any representation as being a funeral service practi…

A. There is created the "board of funeral services". B. The board is administratively attached to the department. C. The board consists of six members. Three members shall be funeral service practitioners who have been licensed in this state for at least five years; two members s…

A. In addition to any other authority provided by law, the board has the power to: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are necessary to carry out the provisions of the Funeral Services Act; (2) promulgate rules implem…

The board shall: A. administer the provisions of the Funeral Services Act; B. provide for the examination, licensing and renewal of applicants or licensees; and C. provide for the inspection of establishments and crematories. History: 1978 Comp., § 61-32-7, enacted by Laws 1993, …

2030.) A. Inspection of establishments and crematories, including all records, financial or otherwise, is authorized during regular business hours. Acceptance of a license shall include permission for the board or its designee to enter the premises without legal process. B. An es…

funeral arranger; embalmer; funeral service intern; direct disposer; conversion of certain licenses; temporary licenses. (Repealed effective July 1, 2030.) A. A license to practice as a funeral service practitioner shall be issued to any person who files a completed application, …

Chapter 61, Article 33 NMSA 1978 may be cited as the "Utility Operators Certification Act". History: 1953 Comp., § 67-40-1, enacted by Laws 1973, ch. 394, § 1; recompiled as 1978 Comp., § 61-33-1; Laws 1992, ch. 44, § 1.

A. Whenever, on the basis of any information, the department determines that a person has violated, is violating or threatens to violate any requirement of the Utility Operators Certification Act, any rule adopted pursuant to that act or any condition of a certification issued un…

As used in the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]: A. "certified operator" means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities…

A. The administration and enforcement of the Utility Operators Certification Act is vested in the department. B. The department shall: (1) approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of…

The commission may adopt rules relating to the administration and enforcement of the Utility Operators Certification Act. The commission shall: A. adopt rules that classify public water supply systems and public wastewater facilities based on: (1) size and type of system or facil…

endorsement. A. An applicant for certification as a certified operator shall: (1) make application on forms furnished by the department; (2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and (3) except as provided in Section 61…

It is unlawful to operate or allow the operation of a public water supply system or public wastewater facility unless the system or facility is operated by or under the supervision of a certified operator who meets or exceeds the appropriate certification level. History: 1953 Com…

The department, in accordance with the provisions of the Uniform Licensing Act [61- 1-1 to 61-1-31 NMSA 1978] relating to notice and hearing, may suspend or revoke a certification upon the grounds that the certified operator: A. committed fraud or deceit in procuring the certific…

A. It is unlawful for any person not certified as an operator to: (1) use the title "certified operator" or words of similar import in connection with the person's employment; (2) represent himself as a certified operator; or (3) perform the duties of a certified operator, except…

A. The commission shall establish by regulation a variance procedure for public water supply system and public wastewater facility operating authorities. B. Any variance procedure established by the commission shall not allow an operating authority more than six months to obtain …

Chapter 61, Article 34 NMSA 1978 may be cited as the "Signed Language Interpreting Practices Act". History: Laws 2007, ch. 248, § 1; 2013, ch. 166, § 6.

A. Notwithstanding Subsection B of Section 8 [61-34-8 NMSA 1978] of the Signed Language Interpreting Practices Act, a licensee may renew a license every two years by submitting a completed renewal application provided by the board. B. The board may require continuing education fo…

Except as provided in Section 61-1-34 NMSA 1978, the board may, by rule, establish a schedule of fees as follows: A. an initial nonrefundable biennial licensure fee not to exceed two hundred fifty dollars ($250); B. a nonrefundable biennial license renewal fee not to exceed two h…

The Signed Language Interpreting Practices Act is enforceable according to the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: Laws 2007, ch. 248, § 12.

A. The "signed language interpreting practices fund" is created in the state treasury. B. All money received by the board under the Signed Language Interpreting Practices Act shall be deposited with the state treasurer for credit to the signed language interpreting practices fund…

A. In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend a license held or applied for under the Signed Language Interpreting Practices Act, upon grounds that the licensee or applicant: (1) is gui…

A person who violates a provision of the Signed Language Interpreting Practices Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978. History: Laws 2007, ch. 248, § 15.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Signed Language Interpreting Practices Act. History: Laws 2007, ch. 248, § 16.

History: Laws 2007, ch. 248, § 17; repealed by Laws 2013, ch. 166, § 10.

As used in the Signed Language Interpreting Practices Act: A. "board" means the signed language interpreting practices board; B. "consumer" means a person using the services of a signed language interpreter; C. "deaf, hard-of-hearing or deaf-blind person" means a person who has e…