A. Funeral establishment licenses shall only be granted under the following terms and conditions:

1. (1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

2. (2) the establishment shall be maintained at a specific location primarily devoted to the practice of funeral service and shall comply with the following minimum requirements:

   1. (a) a chapel shall be present in which funerals may be conducted;
   2. (b) a display room shall be present for displaying caskets and other funeral merchandise; and
   3. (c) a preparation room shall be present with necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition or transportation; and

3. (3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

   B. Commercial establishment licenses shall only be granted under the following terms and conditions:

4. (1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

5. (2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a commercial establishment and shall comply with the following minimum requirements:

   1. (a) a preparation room shall be present with the necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition and transportation; and
   2. (b) an office shall be present for conducting business; and

6. (3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

   C. Direct disposition establishment licenses shall only be granted under the following terms and conditions:

7. (1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

8. (2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a direct disposer and shall comply with the following minimum requirements:

   1. (a) a room shall be present with necessary drainage and ventilation for housing a refrigeration unit;
   2. (b) a refrigeration unit, thermodynamically controlled with a minimum storage area of twelve and one-half cubic feet per body, shall be present for sheltering of dead human bodies prior to burial or other disposition or transportation;
   3. (c) an office shall be present for conducting business;
   4. (d) necessary supplies for safely handling unembalmed dead human bodies; and
   5. (e) if funeral merchandise is made available, a display room shall be present for displaying caskets and other funeral merchandise; and

9. (3) no license shall be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

   D. Crematory licenses shall only be granted under the following terms and conditions:

10. (1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

11. (2) the crematory shall be maintained at a specific location, including a funeral, commercial or direct disposition establishment, primarily devoted to the practice allowed for a crematory and shall comply with the following minimum requirements:

    1. (a) a room shall be present with necessary ventilation for housing a cremation retort;
    2. (b) a cremation retort shall be present for cremating dead human bodies; and
    3. (c) a unit to pulverize cremated dead human bodies shall be present; and

12. (3) no license shall be issued or renewed by the board unless the crematory is in compliance with the Funeral Services Act and board rules.

    E. The board may adopt by rule additional requirements in the interest of public health, safety and welfare.

History: 1978 Comp., § 61-32-11, enacted by Laws 1993, ch. 204, § 11; 1999, ch. 284, § 8; 2003, ch. 420, § 5; 2012, ch. 48, § 12.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.

Repeals and reenactments. — Laws 1993, ch. 204, § 32 repealed former 61-32-11 NMSA 1978, as enacted by Laws 1978, ch. 185, § 11, limiting the practice of direct disposition, and § 11 of the act enacted a new section, effective June 18, 1993.

The 2012 amendment, effective July 1, 2012, changed the name of the act and in Paragraph (3) of Subsections A, B, C and D substituted "Funeral Services Act" for "Thanatopractice Act".

The 2003 amendment, effective July 1, 2003, substituted "necessary drainage and ventilation and" for "the" following "be present with" in Subparagraph A(2)(c); substituted "a license shall not" for "no license shall" at the beginning of Paragraphs A(3) and B(3); substituted "comply with the following minimum requirements" for "have" at the end of Paragraph B(2); added the Subparagraph B(2)(a) designation; in Subparagraph B(2)(a), inserted "shall be present" near the beginning, inserted "drainage and ventilation and necessary" preceding "instruments and supplies"; added Subparagraph B(2)(b); substituted "allowed for a direct disposer and shall comply with the following minimum requirements" for "of direct disposition and shall maintain" at the end of Paragraph C(2); rewrote Subparagraph C(2)(a); deleted former Subparagraph C(2)(b) which read: "necessary drainage and ventilation"; substituted "shall be present for sheltering of dead human bodies prior to burial or other disposition or transportation" for "for sheltering prior to disposition and" at the end of present Subparagraph C(2)(b); added present Subparagraphs C(2)(c) and (e); substituted "primarily devoted to the practice allowed for a crematory and shall comply with the following minimum requirements" for "and shall have appropriate facilities and equipment devoted to cremation and pulverization" at the end of Paragraph D(2); and added Subparagraphs D(2)(a) to (c) and Subsection E.

The 1999 amendment, effective June 18, 1999, deleted "including specific sanitary or physical requirements for licensure" from the end of Subsections A(3), B(3), C(3), and D(3).