1. 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.
2. B. A license placed on inactive status may be renewed within a period not to exceed five years following the date the board granted the inactive status.

3. C. Renewal of an inactive license requires payment of renewal and reinstatement fees as set forth by board rule and compliance with the following requirements:

   1. (1) certification by the licensee that the licensee has not engaged in the practice of funeral service or direct disposition in this state during the inactive status;
   2. (2) compliance with continuing education requirements established by board rule; and
   3. (3) successful completion of an examination, which shall be administered at the discretion of the board, to certify continuing competency.
4. D. Disciplinary proceedings may be initiated or continued against a licensee who has been granted inactive status.
5. E. A license shall not be placed on inactive status if the licensee is under investigation or if disciplinary proceedings have been initiated.

History: 1978 Comp., § 61-32-22, enacted by Laws 1993, ch. 204, § 22; 1999, ch. 284, § 16; 2003, ch. 420, § 9; 2012, ch. 48, § 16; 2019, ch. 164, § 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 — Laws 1993, ch. 204, § 32 repealed former 61-32-22 NMSA 1978, as amended by Laws 1983, ch. 137, § 6, concerning investigations, enforcement, and criminal penalties, and § 22 of the act enacted a new section, effective June 18, 1993.

The 2019 amendment, effective July 1, 2019, included a licensed funeral arranger and licensed embalmer within the provisions of the section; in Subsection A, after "funeral service practitioner," added "funeral arranger, embalmer".

The 2012 amendment, effective July 1, 2012, permitted funeral service interns to be placed on inactive status and in Subsection A, after "funeral service practitioner", deleted "associate funeral service practitioner" and added "funeral service intern".

The 2003 amendment, effective July 1, 2003, substituted "the" for "his" following "may request that" in Subsection A; deleted "or regulation" following "by board rule" in Subsection C; in Paragraph C(1), substituted "licensee" for "practitioner" near the beginning, inserted "or direct disposition" following "of funeral service"; and substituted "A license shall not" for "No license shall" at the beginning of Subsection E.

The 1999 amendment, effective June 18, 1999, deleted "Funeral service practitioner;" from the beginning of the section heading; in Subsection A, inserted "associate funeral service practitioner or direct disposer" in the first sentence, added the exception at the beginning, and deleted "unless the practitioner is under investigation or disciplinary proceedings have been initiated" from the end of the second sentence; inserted "or continued" in Subsection D; and added Subsection E.