1. 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. (1) when acting under the direction of a licensed funeral establishment, the commercial establishment may:

      1. (a) engage in transportation of dead human bodies, file a certificate of death, obtain certified copies thereof and obtain necessary permits for transportation or cremation;
      2. (b) embalm;
      3. (c) provide forwarding services;
      4. (d) provide direct disposition; and
      5. (e) arrange for identification of a dead human body by family members only, prior to disposition or transportation;

   2. (2) when acting under the direction of a licensed direct disposition establishment, the commercial establishment may:

      1. (a) engage in transportation of dead human bodies, file a certificate of death, obtain certified copies thereof and obtain necessary permits for transportation or cremation;
      2. (b) embalm only when embalming is required by the place of disposition; and
      3. (c) provide direct disposition; and

   3. (3) when acting under the direction of a school of medicine, the commercial establishment may:

      1. (a) engage in transportation of dead human bodies, file a certificate of death, obtain certified copies thereof and obtain necessary permits for transportation or cremation; and
      2. (b) embalm.
2. B. A licensed commercial establishment shall not engage in any activity, or act for any entity, not specifically permitted in this section.
3. C. The licensee in charge shall certify to the board that the establishment will not exceed the scope of practice allowed by law.

History: 1978 Comp., § 61-32-18, enacted by Laws 1993, ch. 204, § 18; 2003, ch. 420, § 6.

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 — Laws 1993, ch. 204, § 32 repealed former 61-32-18 NMSA 1978, as amended by Laws 1989, ch. 187, § 6, concerning funeral establishment permits, and § 18 of the act enacted a new section, effective June 18, 1993.

The 2003 amendment, effective July 1, 2003, inserted "minimum" in Subparagraph A(1)(c) and inserted "act" following "any activity, or" in Subsection B.