1. A. Unless licensed to practice under the Funeral Services Act, a person shall not:

   1. (1) practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer;
   2. (2) use the title or make any representation as being a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer; or
   3. (3) maintain, manage or operate a funeral establishment, a commercial establishment, a direct disposition establishment or a crematory.
2. B. A person who engages in the practice or acts in the capacity of a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer in this state, with or without a New Mexico license, is subject to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of a provision of the Funeral Services Act.
3. C. A person who maintains, manages or operates a funeral establishment, commercial establishment, direct disposition establishment or crematory in this state, with or without a New Mexico establishment or crematory license, is subject to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of a provision of the Funeral Services Act.

History: 1978 Comp., § 61-32-4, enacted by Laws 1993, ch. 204, § 4; 2003, ch. 420, § 1; 2012, ch. 48, § 6; 2019, ch. 164, § 2.

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 — Laws 1993, ch. 204, § 32 repealed former 61-32-4 NMSA 1978, as enacted by Laws 1978, ch. 185, § 4, creating the state board of thanatopractice of the state of New Mexico, and § 4 of the act enacted a new section, effective June 18, 1993.

The 2019 amendment, effective July 1, 2019, required funeral arrangers and embalmers to be licensed under the Funeral Services Act; in Subsection A, after each occurrence of "funeral service practitioner", added "funeral arranger, embalmer".

The 2012 amendment, effective July 1, 2012, changed the name of the act; eliminated references to former licenses that have been converted to intern licenses; in Subsections A, B and C, substituted "Funeral Services Act" for "Thanatopractice Act"; in Subsection A, in Paragraph (1), after "funeral service practitioner", deleted "associate funeral service practitioner, assistance funeral service practitioner" and in Paragraph (2), after "use the title to", deleted "represent himself as" and added "make any representation as being", after "representation as being a funeral service practitioner", deleted "associate funeral service practitioner, assistance funeral service practitioner", and after "practice as a funeral service practitioner", deleted "associate funeral service practitioner, assistance funeral service practitioner"; and in Subsection B, after "funeral service practitioner", deleted "associate funeral service practitioner, assistance funeral service practitioner".

The 2003 amendment, effective July 1, 2003, inserted the Subsection A designation; redesignated part of former Subsection A and Subsections B and C as Paragraphs A(1) to (3); inserted "assistant funeral service practitioner" following "funeral service practitioner" in Paragraph A(2); inserted "a" following "a commercial establishment" in Paragraph A(3); and added present Subsections B and C.