SB 263 — FUNERAL SERVICES ACT CHANGES

[U.] W.

[V.] X.

"graveside service" means a funeral held at the graveside only, excluding a committal service that follows a SB 263 Page 4 funeral conducted at another location;

[W.] Y.

"jurisprudence examination" means an h examination prescribed by the board on the statutes, rules and g o t hr regulations pertaining to the practice of funeral service or g e i k direct disposition, including the Funeral Services Act, the h r i s rules of the board, state health regulations governing human h , t, remains and the Vital Statistics Act;

e u g e b l e e h [X.] Z.

"licensee in charge" means a funeral n d d i = = o h service practitioner who is ultimately responsible for the l ] b ,d i a º e conduct of a funeral or commercial establishment and its r i = r t e w d m a n o employees;

or a direct disposer who is ultimately responsible dfor mthe :conduct of a direct disposition establishment and its employees;

bAA. e d s º o t n = .212217.1 s k m e - 5 - e a n e d r e l u [ A d for the conduct of a direct disposition establishment and its employees;

[Y.

] AA.

[Z.BB.

] BB.

[AA.CC.

] CC.

and [BB.DD.

]"pulverization" DD.means the process that reduces cremains to a granular substance." SB 263 Page 5 SECTION 2.

"pulverization"Section means61-32-4 theNMSA process1978 that(being reducesLaws cremains1993, toChapter a204, granularSection substance."4, SECTIONas 2.amended) is amended to read:

Section"61-32-4. 61-32-4 NMSA 1978 (being Laws 1993, h Chapter 204, Section 4, as amended) is amended to read:

gLICENSE oREQUIRED.-- tA. hr "61-32-4.

LICENSEUnless REQUIRED.--licensed gto epractice iunder kthe A.Funeral Services Act, a person shall not:

Unless(1) licensed to practice underas thea Funeralfuneral hservice rpractitioner, ifuneral sarranger, Servicesembalmer, Act,funeral aservice personintern shallor not:direct disposer;

h(2) ,use t,the (1)title practiceor make any representation as being a funeral service epractitioner, ufuneral garranger, eembalmer, bfuneral lservice eintern eor hdirect practitioner,disposer funeralor arranger,use embalmerany ,other funeraltitle, serviceabbreviation, nletters, dfigures, dsigns ior =devices =that oindicate hthe person is licensed to practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern or direct disposer;

l ] b ,d i a º e (2) use the title or make any representation r i = r t e w d m a n o as being a funeral service practitioner, funeral arranger, d m :

b e d s º o t n = .212217.1 s k m e - 6 - e a n e d r e l u [ A d 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;

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 SB 263 Page 6 provision of the Funeral Services Act.

h C.

A person who maintains, manages or operates a u » r funeral establishment, commercial establishment, direct t h g e l i disposition establishment or [a ] crematory in this state, with h r i s or without a New Mexico establishment or crematory license, is h , e h subject to the jurisdiction of the state and to the t u g e b l e e , gh administrative jurisdiction of the board and is subject to all n d d i = = o h penalties and remedies available for a violation of a provision l ] b ,d i a º r of the Funeral Services Act." e r = t e w d m a n o SECTION 3.

Section 61-32-9 NMSA 1978 (being Laws 1993, dChapter m204, :Section 9, as amended) is amended to read:

b r e t º o t n = .212217.1 s k m e - 7 - e a n e d r e l u [ A d Chapter 204, Section 9, as amended) is amended to read:

REQUIREMENTS FOR LICENSURE--FUNERAL SERVICE PRACTITIONER--FUNERAL ARRANGER--EMBALMERARRANGER--EMBALMER--FUNERAL --FUNERAL SERVICE INTERN--DIRECT DISPOSER--CONVERSION OF CERTAIN LICENSES--TEMPORARYLICENSES-- TEMPORARY LICENSES.-- A.

During the training period, the applicant shall have assisted in the SB 263 Page 7 embalming of at least fifty bodies, making of at least fifty h funeral arrangements and the directing of at least fifty u » r funerals;

t h g e l i (3) has successfully completed an examination, h r i s including a jurisprudence examination, prescribed by board h , e h rules;

t u g e b l e e , gh (4) has successfully completed both the arts n d d i = = o h and science sections of the national board examination l ] b ,d i a º r administered by the international conference of funeral service e r = t e w d m a n o examining boards;

d(5) mhas :not been convicted of unprofessional conduct or incompetency;

band r(6) ehas tobtained ºan oassociate's tdegree nin =funeral .212217.1science srequiring kthe mcompletion eof -at 8least -sixty esemester ahours nfrom ean dinstitution rwhose efuneral lprogram uis [accredited Aby dthe [(4)]American (5)board hasof notfuneral beenservice convictededucation ofor unprofessionalany conductother orsuccessor incompetency;institution offering funeral service education recognized by the United States government.

and [(5)] (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.

(2) has served as a licensed funeral service SB 263 Page 8 intern for not less than twelve months, under the supervision h of a licensed funeral service practitioner.

During the g o t hr training period, the applicant shall have assisted in the g e i k making of at least fifty funeral arrangements and the directing h r i s of at least fifty funerals;

h , t, (3) has successfully completed an examination, e u g e b l e e h including a jurisprudence examination, prescribed by board n d d i = = o h rules;

l ] b ,d i a º e (4) has successfully completed the arts r i = r t e w d m a n o section of the national board examination administered by the dinternational mconference :of funeral service examining boards;

b e d s º o t n = .212217.1 s k m e - 9 - e a n e d r e l u [ A d international conference of funeral service examining boards;

(2) has served as a licensed funeral service SB 263 Page 9 intern for not less than twelve months, under the supervision h of a licensed funeral service practitioner.

During the u » r training period, the applicant shall have assisted in the t h g e l i embalming of at least fifty bodies;

h r i s (3) has successfully completed an examination, h , e h including a jurisprudence examination, prescribed by board t u g e b l e e , gh rules;

n d d i = = o h (4) has successfully completed the science l ] b ,d i a º r section of the national board examination administered by the e r = t e w d m a n o international conference of funeral service examining boards;

d(5) mhas :not been convicted of unprofessional conduct or incompetency;

b r e t º o t n = .212217.1 s k m e - 10 - e a n e d r e l u [ A d (5) has not been convicted of unprofessional conduct or incompetency;

[B.] D.

(2) has graduated from high school or the SB 263 Page 10 equivalent;

h (3) has submitted proof of employment and g o t hr supervision as required by board rules.

Except as may be g e i k allowed by board rule, a license as a funeral service intern is h r i s issued only for a specific funeral establishment or an h , t, establishment that is part of a multi-establishment enterprise;

e u g e b l e e h (4) has successfully completed an examination, n d d i = = o h including a jurisprudence examination, prescribed by board l ] b ,d i a º e rules;

and r i = r t e w d m a n o (5) has not been convicted of unprofessional dconduct mor :incompetency.

bE. e d s º o t n = .212217.1 s k m e - 11 - e a n e d r e l u [ A d conduct or incompetency.

[C.] E.

(3) has successfully completed any SB 263 Page 11 examination, including a jurisprudence examination, prescribed by board rules;

and h (4) has not been convicted of unprofessional g o t hr conduct or incompetency.

g e i k [D.] F.

On and after July 1, 2012, the board shall h r i s not issue a new license that was formerly designated an h , t, "assistant funeral services practitioner" or "associate funeral e u g e b l e e h services practitioner" license under a version of the Funeral n d d i = = o h Services Act in effect on June 30, 2012.

A person holding one l ] b ,d i a º e of these licenses that is valid as of June 30, 2012 shall be rconsidered ias =holding ra tvalid, erenewable wfuneral dservices mintern alicense nsubject oto consideredthe asgeneral holdingsupervision of a valid,licensed renewable funeral services dpractitioner mpursuant :to the Funeral Services Act.

bG. e d s º o t n = .212217.1 s k m e - 12 - e a n e d r e l u [ A d intern license subject to the general supervision of a licensed funeral services practitioner pursuant to the Funeral Services Act.

[E.] G.

provided the applicant possesses a valid license or its equivalent for the practice of funeral service issued by the appropriate examining board SB 263 Page 12 under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation, and provided the applicant [has h actively practiced five out of the last ten years in another u » r state, territory or foreign nation as a licensed funeral t h g e l i service practitioner, or its equivalent] presents proof that h r i s the applicant is currently licensed in good standing in a h , e h jurisdiction that has standards for licensure that are at least t u g e b l e e , gh equal to those for licensure in New Mexico as required by the n d d i = = o h Funeral Services Act." l ] b ,d i a º r SECTION 5.

Section 61-32-20 NMSA 1978 (being Laws 1993, e r = t e w d m a n o Chapter 204, Section 20, as amended) is amended to read:

d"61-32-20. m :

b r e t º o t n = .212217.1 s k m e - 13 - e a n e d r e l u [ A d "61-32-20.

When embalming is not required under the provisions of this section, a dead human body shall not be hSB 263 Page 13 embalmed without express authorization by the:

g o t hr (1) surviving spouse or next of kin;

g e i k (2) legal agent or personal representative of h r i s the deceased;

or h , t, (3) person assuming responsibility for final e u g e b l e e h disposition.

n d d i = = o h D.

When embalming is not required, and prior to l ] b ,d i a º e obtaining authorization for the embalming, a dead human body r i = r t e w d m a n o may be washed and other health procedures, including closing of dthe morifices, :may be performed without authorization.

b e d s º o t n = .212217.1 s k m e - 14 - e a n e d r e l u [ A d the orifices, may be performed without authorization.

SB 263 Page 14 "61-32-22.

INACTIVE STATUS.-- h A.

A funeral service practitioner, funeral g o t hr arranger, embalmer, funeral service intern or direct disposer g e i k who has a current license may request that the license be h r i s placed on inactive status.

Except as provided in Subsection E h , t, of this section, the board shall approve each request for e u g e b l e e h inactive status.

n d d i = = o h B.

A license placed on inactive status may be l ] b ,d i a º e renewed within a period not to exceed five years following the r i = r t e w d m a n o date the board granted the inactive status.

dC. m :

b e d s º o t n = .212217.1 s k m e - 15 - e a n e d r e l u [ A d C.

SB 263 Page 15 E.

A license shall not be placed on inactive status if the licensee is under investigation or if disciplinary h proceedings have been initiated." g o t hr SECTION 7.

Section 61-32-24 NMSA 1978 (being Laws 1993, g e i k Chapter 204, Section 24, as amended) is amended to read:

h r i s "61-32-24.

DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.-- h , t, A.

The board, in accordance with the procedures set e u g e b l e e h forth in the Uniform Licensing Act, may take disciplinary n d d i = = o h action against any licensee, temporary licensee or applicant.

l ] b ,d i a º e B.

The board has the authority to take any action rset iforth =in rSection t61-1-3 eNMSA w1978 dupon m a nfinding oby setthe forthboard inthat Sectionthe 61-1-3applicant NMSAor 1978licensee uponis aguilty findingof byany of the dfollowing macts :of commission or omission:

b e d s º o t n = .212217.1 s k m e - 16 - e a n e d r e l u [ A d board that the applicant or licensee is guilty of any of the following acts of commission or omission:

SB 263 Page 16 (b) false or misleading advertising;

(c) solicitation of dead human bodies by h the licensee or the licensee's agents, assistants or employees, g o t hr whether the solicitation occurs after death or while death is g e i k impending;

provided that this shall not be deemed to prohibit h r i s general advertising;

h , t, (d) solicitation or acceptance by a e u g e b l e e h licensee of a commission, bonus or rebate in consideration of n d d i = = o h recommending or causing a dead human body to be disposed of in l ] b ,d i a º e a cemetery, mausoleum or crematory;

r(e) iusing =any rfuneral tmerchandise epreviously wpurchased, din mwhole aor nin opart, (e)except usingfor anytransportation funeralpurposes, merchandisewithout dprior mwritten :permission of the person selecting or paying for the use of the merchandise;

b e d s º o t n = .212217.1 s k m e - 17 - e a n e d r e l u [ A d previously purchased, in whole or in part, except for transportation purposes, without prior written permission of the person selecting or paying for the use of the merchandise;

SB 263 Page 17 (7) willful or negligent practice beyond the scope of the license issued by the board;

h (8) refusing to release properly a dead human u » r body to the custody of the person or entity who has the legal t h g e l i right to effect the release, whether or not the authorized cost h r i s has been paid.

If an establishment receives a dead human body h , e h for funeral services but the body is subsequently transferred t u g e b l e e , gh to another establishment that completes or performs funeral n d d i = = o h services, the subsequent establishment shall be responsible for l ] b ,d i a º r all reasonable nonprofessional service charges incurred by the enext rprevious =establishment tprior eto wand dincluding mtransfer aof nthe obody nextand previousthe subsequent establishment priorshall toreimburse andthe includingnext transferprevious ofestablishment dfor mthose :charges;

b r e t º o t n = .212217.1 s k m e - 18 - e a n e d r e l u [ A d the body and the subsequent establishment shall reimburse the next previous establishment for those charges;

(12) having had a license, certificate or registration to practice revoked, suspended or denied in any SB 263 Page 18 jurisdiction, territory or possession of the United States or another country for actions of the licensee or applicant similar to acts described in this subsection.

A certified copy h of the record of the jurisdiction taking the disciplinary g o t hr action is conclusive evidence of the violation;

g e i k (13) failure to supervise adequately h r i s subordinate personnel;

h , t, (14) conduct unbecoming a licensee or e u g e b l e e h detrimental to the safety or welfare of the public;

n d d i = = o h (15) employing fraudulent billing practices;

l ] b ,d i a º e or r i = r t e w d m a n o (16) practicing funeral service or cremation dwithout ma :current license.

b e d s º o t n = .212217.1 s k m e - 19 - e a n e d r e l u [ A d without a current license.

or (2) permitting a funeral service intern to SB 263 Page 19 exceed the limitations set forth in the provisions of the Funeral Services Act or the rules of the board.

In addition to the offenses listed in Subsection B of this section, the board has the authority to take any h action set forth in Section 61-1-3 NMSA 1978 upon a finding by u » r the board that a direct disposer licensee or a direct t h g e l i disposition establishment licensee is guilty of any of the h r i s following acts of commission or omission:

h , e h (1) embalming, restoring, acting as a t u g e b l e e , gh cosmetician or in any way altering the condition of a dead n d d i = = o h human body, except for washing and dressing;

l ] b ,d i a º r (2) causing a body to be embalmed when e r = t e w d m a n o embalming is not required by a place of disposition;

d(3) mprior :to interment, entombment or other final disposition of a dead human body, participating in any rites or ceremonies in connection with such final disposition of the body, or providing facilities for any such rites or ceremonies;

b r e t º o t n = .212217.1 s k m e - 20 - e a n e d r e l u [ A d (3) prior to interment, entombment or other final disposition of a dead human body, participating in any rites or ceremonies in connection with such final disposition of the body, or providing facilities for any such rites or ceremonies;

In addition to the offenses listed in SB 263 Page 20 Subsection B of this section, the board has the authority to take any action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that a crematory licensee or applicant or a crematory authority is guilty of any of the following acts of commission h or omission:

u » r (1) engaging or making any representation as t h g e l i engaging in the practice of funeral service or direct h r i s disposition, unless the applicant or crematory authority has a h , e h license to practice funeral service or direct disposition;

t u g e b l e e , gh (2) operating a crematory without a license or n d d i = = o h aiding and abetting a crematory to operate without a license;

lor ](3) bengaging ,din iconduct or activities for which a ºlicense rto engage in the practice of funeral service or edirect rdisposition =is trequired eor waiding dand mabetting aan nunlicensed operson (3)to engagingengage in conduct or activities for dwhich ma :license to practice funeral service or direct disposition is required.

b r e t º o t n = .212217.1 s k m e - 21 - e a n e d r e l u [ A d which a license to engage in the practice of funeral service or direct disposition is required or aiding and abetting an unlicensed person to engage in conduct or activities for which a license to practice funeral service or direct disposition is required.

SB 263 Page 21 (4) photocopies;

and h (8) depositions.

g o t hr G.

All fees, fines and costs imposed on an g e i k applicant, licensee, establishment or crematory shall be paid h r i s in full to the board before an initial or renewal license may h , t, be issued." eSECTION u g e b l e e h SJCºSECTION 8.

AEFFECTIVE newDATE.--The sectioneffective date of the Funeralprovisions Servicesof Actthis nact d d i = = o h is enactedJuly to1, read:2019.

lSB ]263 bPage ,d22 i25 a º e "[NEW MATERIAL] FUNERAL ARRANGER--SCOPE OF PRACTICE-- r i = r t e w d m a n o LIMITATIONS.--A funeral arranger may engage in arrangements and d m :

b e d s º o t n = .212217.1 s k m e - 22 - e a n e d r e l u [ A d directing of funeral services at a funeral establishment that is licensed pursuant to the Funeral Services Act." SECTION 9.

A new section of the Funeral Services Act is enacted to read:

"[NEW MATERIAL] EMBALMER--SCOPE OF PRACTICE-- LIMITATIONS.--An embalmer may engage in embalming and preparing a dead human body for funeral service at a funeral establishment that is licensed pursuant to the Funeral Services Act."»SJC SECTION SJCº10.

8.»SJC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

- 23 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .212217.1 s k m e e a n e d r e l u [ A d