N.M. Stat. Ann. § 61-32-9 – Requirements for licensure; funeral service practitioner; 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 (Repealed effective July 1, 2030.)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, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:
1. (1) is at least eighteen years of age;
2. (2) has served as a licensed funeral service intern for not less than twelve months, under the supervision of a licensed funeral service practitioner. During the training period, the applicant shall have assisted in the embalming of at least fifty bodies, making of at least fifty funeral arrangements and the directing of at least fifty funerals;
3. (3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;
4. (4) has successfully completed both the arts and science sections of the national board examination administered by the international conference of funeral service examining boards;
5. (5) has not been convicted of unprofessional conduct or incompetency; and
6. (6) has obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education recognized by the United States government.
B. A license to practice as a funeral arranger shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:
1. (1) is at least eighteen years of age;
2. (2) has served as a licensed funeral service intern for not less than twelve months, under the supervision of a licensed funeral service practitioner. During the training period, the applicant shall have assisted in the making of at least fifty funeral arrangements and the directing of at least fifty funerals;
3. (3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;
4. (4) has successfully completed the arts section of the national board examination administered by the international conference of funeral service examining boards;
5. (5) has not been convicted of unprofessional conduct or incompetency; and
6. (6) has obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education recognized by the United States government.
C. A license to practice as an embalmer shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:
1. (1) is at least eighteen years of age;
2. (2) has served as a licensed funeral service intern for not less than twelve months, under the supervision of a licensed funeral service practitioner. During the training period, the applicant shall have assisted in the embalming of at least fifty bodies;
3. (3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;
4. (4) has successfully completed the science section of the national board examination administered by the international conference of funeral service examining boards;
5. (5) has not been convicted of unprofessional conduct or incompetency; and
6. (6) has obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education recognized by the United States government.
D. A license to practice as a funeral service intern shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:
1. (1) is at least eighteen years of age;
2. (2) has graduated from high school or the equivalent;
3. (3) has submitted proof of employment and supervision as required by board rules. Except as may be allowed by board rule, a license as a funeral service intern is issued only for a specific funeral establishment or an establishment that is part of a multi-establishment enterprise;
4. (4) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules; and
5. (5) has not been convicted of unprofessional conduct or incompetency.
E. A license to practice as a direct disposer shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:
1. (1) is at least eighteen years of age;
2. (2) has obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education and recognized by the United States government;
3. (3) has successfully completed any examination, including a jurisprudence examination, prescribed by board rules; and
4. (4) has not been convicted of unprofessional conduct or incompetency.
F. On and after July 1, 2012, the board shall not issue a new license that was formerly designated an "assistant funeral services practitioner" or "associate funeral services practitioner" license under a version of the Funeral Services Act in effect on June 30, 2012. A person holding one of these licenses that is valid as of June 30, 2012 shall be considered as holding a valid, renewable funeral services intern license subject to the general supervision of a licensed funeral services practitioner pursuant to the Funeral Services Act.
G. The board may adopt by rule requirements for issuing a temporary license that will be valid until the next scheduled board meeting.

History: 1978 Comp., § 61-32-9, enacted by Laws 1993, ch. 204, § 9; 1999, ch. 284, § 6; 2003, ch. 420, § 3; 2012, ch. 48, § 11; 2019, ch. 164, § 3.

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 61-32-9 NMSA 1978, as amended by Laws 1989, ch. 187, § 1, concerning the issuance of licenses, and § 9 of the act enacted a new section, effective June 18, 1993.

The 2019 amendment, effective July 1, 2019, provided the requirements for licensure for funeral arrangers and embalmers; in the section heading, added "funeral arranger; embalmer"; in Subsection A, added a new Paragraph A(4) and redesignated former Paragraphs A(4) and A(5) as Paragraphs A(5) and A(6), respectively; and added new Subsections B and C and redesignated former Subsection B through E as Subsections D through G, respectively.

The 2012 amendment, effective July 1, 2012, changed the educational requirements for licensure as a funeral service practitioner and a direct disposer; permitted issuance of a funeral service intern license for a multi-establishment enterprise; converted assistant funeral services practitioner and associate funeral services practitioner licenses to intern licenses; in the title, after "direct disposer", deleted "associate funeral service practitioner;" and added "conversion of certain licenses"; in Subsection A, deleted former Paragraphs (5) and (6), which required an applicant for a funeral service practitioner license to have graduated from an accredited institution and to have completed at least sixty semester hours of academic and professional instruction in an institution of higher education or to have passed an examination, and added Paragraph (5); in Subsection B, in Paragraph (3), in the second sentence, after "funeral service intern is", deleted "not ambulatory and is", after "issued", added "only", and after "establishment", deleted "only" and added the remainder of the sentence; in Subsection C, deleted former Paragraph (2) which required an applicant for a direct disposer license to have graduated from high school or the equivalent and added Paragraph (2); deleted former Subsection D, which provided for an assistant funeral service practitioner license; deleted former Subsection E, which provided for an associate funeral service practitioner license; and added Subsection D.

The 2003 amendment, effective July 1, 2003, substituted "making of at least fifty funeral arrangements and" for "and assisted in the" following "least fifty bodies" in Paragraph A(2); and added Subsection F.

The 1999 amendment, effective June 18, 1999, in Subsection A, deleted "to be a funeral service practitioner" in Paragraph (3), deleted "of thanatopractice" following "required by the board" in Paragraph (6), deleted language at the end of Paragraph (6), which provided that a funeral service intern need not satisfy provisions of Paragraph (5) if he has successfully completed examinations required by the board for practice as an associate funeral service practitioner and funeral service practitioner; in Subsection B, substituted "board rules" for "the board" in Paragraph (3) and added Paragraphs (4) and (5); in Subsection D, substituted "June 18, 1993" for "the effective date of the Thanatopractice Act"; and in Subsection E, deleted former Paragraphs (2) to (4), relating to satisfactory evidence that a person has served as a licensed funeral service intern for not less than twelve months while under the supervision of a licensed funeral service practitioner, has graduated from high school or the equivalent, and has successfully completed at least sixty semester hours of academic and professional instruction in an accredited college or university, redesignated former Paragraphs (5) and (6) as Paragraphs (2) and (3), and deleted "to be an associate funeral service practitioner" preceding "prescribed" in Paragraph (2).