reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-4.1 - Licensed independent social worker; licensure; qualifications. (Repealed effective July 1, 2032.)

After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed independent social worker to an individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by a recognized association;
C. completed post-graduate social work hours and experience as an employee or independent worker under appropriate supervision;
D. is trained in New Mexico cultures;
E. passed a jurisprudence examination; and
F. passed an examination approved by the board, including an advanced generalist examination administered by a nonprofit association composed of and owned by social work regulatory boards and colleges in all states.
History:
Laws 2019, ch. 143, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-4.2 - Licensed clinical social worker; licensure; qualifications. (Repealed effective July 1, 2032.)

After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed clinical social worker to an individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by a recognized association;
C. completed post-graduate social work hours and experience as an employee or independent worker under appropriate supervision;
D. is trained in New Mexico cultures;
E. passed a jurisprudence examination; and
F. passed an examination approved by the board, including a clinical examination administered by a nonprofit association composed of and owned by social work regulatory boards and colleges in all states.
History:
Laws 2019, ch. 143, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-4.3 - Licensed master of social work; licensure; qualifications. (Repealed effective July 1, 2032.)

After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed master of social work to an individual who:
A. is at least eighteen years of age;
B. possesses at least a master's degree in social work from a graduate program of social work accredited by a recognized association;
C. is trained in New Mexico cultures;
D. passed a jurisprudence examination; and
E. passed an examination approved by the board, including a master's examination administered by a nonprofit association composed of and owned by social work regulatory boards and colleges in all states.
History:
Laws 2019, ch. 143, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-4.4 - Licensed bachelor of social work; licensure; qualifications. (Repealed effective July 1, 2032.)

After receipt of an application, requisite fees and documentation in accordance with board rules, the board shall issue in a timely manner a license to practice as a licensed bachelor of social work to an individual who:
A. is at least eighteen years of age;
B. possesses at least a bachelor's degree in social work from a graduate program of social work accredited by a recognized association;
C. is trained in New Mexico cultures;
D. passed a jurisprudence examination; and
E. passed an examination approved by the board, including a bachelor's examination administered by a nonprofit association composed of and owned by social work regulatory boards and colleges in all states.
History:
Laws 2019, ch. 143, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-4.5 - Appropriate supervision; guidelines. (Repealed effective July 1, 2032.)

An individual providing appropriate supervision as defined in Section 61-31-3 NMSA 1978 shall conform to supervision guidelines that the board establishes by rule.
History:
Laws 2019, ch. 143, § 15.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-5 - Use of title; other professions. (Repealed effective July 1, 2032.)

A. Except as otherwise provided in the Social Work Practice Act, it is unlawful for an individual not licensed as a social worker to:
(1) engage in the practice of social work;
(2) hold the individual out as a social worker or claim to be a social worker or use the title of social worker; or
(3) use any abbreviation or title that implies or would lead the public to believe that the individual is a social worker or is licensed to practice social work.
B. Nothing in the Social Work Practice Act shall be construed to prevent qualified members of other recognized professions that are licensed, certified or regulated under New Mexico law or regulation from rendering services within the scope of their license, certification or regulation; provided that they do not represent themselves as licensed social workers.
History:
Laws 1989, ch. 51, § 5; 2019, ch. 143, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, prohibited the practice of social work, the holding out as a social worker and the use of the title of social worker without being licensed as a social worker; in the section heading, replaced "exemptions" with "Use of title; other professions"; and added a new Subsection A and subsection designation "B".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-9 - Repealed.

History:
Laws 1989, ch. 51, § 9; 2006, ch. 4, § 5; repealed by Laws 2019, ch. 143, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 143, § 16 repealed 61-31-9 NMSA 1978, as enacted by Laws 1989, ch. 51, § 9, relating to requirements for licensure, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-10 - Examination. (Repealed effective July 1, 2032.)

The date and location of the social work licensure examination shall be established by the board. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. The board shall establish by rule the examination application deadline and other rules relating to the retaking of the licensure examination.
History:
Laws 1989, ch. 51, § 10; 2019, ch. 143, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, removed the requirement that the social work licensure examination be in writing; in the section heading, deleted "written"; and after "date and location of the", deleted "written".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-11 - Provisional licensure. (Repealed effective July 1, 2032.)

Prior to examination, an applicant for licensure who holds a bachelor's degree or master's degree in social work may obtain a provisional license to engage in social work practice as long as the applicant meets all the requirements, except examination, pursuant to the Social Work Practice Act for the level of license sought. The provisional license is valid for a period not to exceed one year, unless a federal or state public health emergency is declared pursuant to the Public Health Emergency Response Act [Chapter 12, Article 10A NMSA 1978] and directly impacts the applicant; in which case, an applicant's provisional license shall be automatically extended for the duration of the public health emergency and for an additional six months, beginning on the day that the public health emergency ends.
History:
Laws 1989, ch. 51, § 11; 2007, ch. 191, § 1; 2019, ch. 143, § 7; 2021, ch. 93, § 17.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, provided a public health emergency exception to an existing provision that provides that a provisional license is valid for a period not to exceed one year; and added "unless a federal or state public health emergency is declared pursuant to the Public Health Emergency Response Act and directly impacts the applicant; in which case, an applicant's provisional license shall be automatically extended for the duration of the public health emergency and for an additional six months, beginning on the day that the public health emergency ends".
The 2019 amendment,
effective June 14, 2019, limited provisional licenses to engage in social work to those individuals who hold a bachelor's degree or master's degree in social work; after "applicant for licensure", added "who holds a bachelor's degree or master's degree in social work", and after "except examination", deleted "as prescribed in Section 61-31-10 NMSA 1978" and added "pursuant to the Social work Practice Act".
The 2007 amendment,
effective June 15, 2007, provides that a provisional license is valid for a period not to exceed one year.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-12 - Repealed.

History:
Laws 1989, ch. 51, § 12; 1991, ch. 222, § 2; repealed by Laws 2019, ch. 143, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 143, § 16 repealed 61-31-12 NMSA 1978, as enacted by Laws 1989, ch. 51, § 12, relating to licensure without written examination, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-13.1 - Repealed.

History:
Laws 2006, ch. 4, § 8; repealed by Laws 2019, ch. 143, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 143, § 16 repealed 61-31-13.1 NMSA 1978, as enacted by Laws 2006, ch. 4, § 8, relating to temporary licensure, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-14 - License renewal. (Repealed effective July 1, 2032.)

A. Each licensee shall renew the licensee's license biennially by submitting a renewal application on a form provided by the board. At the time of license renewal, the board shall require a licensee to produce evidence of continuing education, as prescribed by the board. The board may establish a method to provide for staggered biennial terms of licensure. The board may authorize license renewal for one year to establish the renewal cycle.
B. A thirty-day grace period shall be allowed each licensee after each annual licensing period, during which time licenses may be renewed upon payment of the renewal fee and providing evidence of continuing education as prescribed by the board.
C. Any licensee who allows the licensee's license to lapse for longer than three months shall have the license automatically revoked and may be required to take an examination.
D. A late penalty fee shall be assessed after the thirty-day grace period has expired for anyone attempting to renew a license to practice social work.
History:
Laws 1989, ch. 51, § 14; 1996, ch. 51, § 16; 2006, ch. 4, § 7; 2019, ch. 143, § 8.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, removed the requirement that the social work licensure examination be in writing; and in Subsection C, after "required to take", deleted "a written" and added "an".
The 2006 amendment,
effective May 17, 2006, changed the renewal period from annually to biennially and authorized the board to provide for staggered biennial terms of licensure in Subsection A; authorized the board to prescribe the fee and evidence of continuing education required for license renewal in Subsection B; and changed Subsection C to eliminate the mandatory requirement that the board require a written examination for the renewal of a license that has been revoked for timely failure to renew.
The 1996 amendment,
effective March 5, 1996, substituted "thirty-day" for "sixty-day" in Subsections B and D and substituted "three" for "six" and made a stylistic change in Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-15 - License fees. (Repealed effective July 1, 2032.)

Except as provided in Section 61-1-34 NMSA 1978, applicants for licensure shall pay fees set by the board, not to exceed:
A. for examination for any level of licensure other than initial licensure, two hundred dollars ($200);
B. for initial licensure following an examination as a licensed bachelor of social work, two hundred dollars ($200);
C. for initial licensure following an examination as a licensed master of social work, three hundred dollars ($300);
D. for initial licensure following an examination as a licensed independent social worker, three hundred dollars ($300);
E. for licensure by credentials at any level, three hundred dollars ($300);
F. for licensure without examination, including a provisional license, as a licensed bachelor of social work, one hundred fifty dollars ($150);
G. for licensure without examination, including a provisional license, as a licensed master of social work, two hundred fifty dollars ($250);
H. for licensure without examination, including a provisional license, as a licensed independent social worker, three hundred dollars ($300);
I. for renewal of a license as a licensed bachelor of social work, one hundred dollars ($100);
J. for renewal of a license as a licensed master of social work, two hundred dollars ($200);
K. for renewal of a license as a licensed independent social worker, three hundred dollars ($300);
L. for a late fee for failure to renew within the allotted grace period, one hundred dollars ($100); and
M. for a duplicate license, twenty-five dollars ($25.00).
History:
Laws 1989, ch. 51, § 15; 2019, ch. 143, § 9; 2020, ch. 6, § 58.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2019 amendment,
effective June 14, 2019, removed the requirement that the social work licensure examination be in writing, and made certain technical amendments; deleted "written" preceding each occurrence of "examination" throughout the section, and added "licensed" preceding each occurrence of "bachelor of social work", "master of social work", and "independent social worker".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-16 - Fund established. (Repealed effective July 1, 2032.)

A. There is created in the state treasury the "board of social work examiners fund".
B. All money received by the board under the Social Work Practice Act shall be deposited with the state treasurer for credit to the fund. The state treasurer shall invest the fund as other state funds are invested, and all income derived from investment of the fund shall be credited to the fund. All balances in the fund shall remain in the fund and shall not revert to the general fund.
C. Money in the fund is appropriated to the board and shall be used only for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Social Work Practice Act.
History:
Laws 1989, ch. 51, § 16.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-18 - Impaired social workers. (Repealed effective July 1, 2032.)

The license of any social worker to practice in this state shall be subject to restriction, suspension or revocation in case of inability of the licensee to practice social work with reasonable skill and safety to clients by reason of one or more of the following:
A. mental disability; or
B. habitual or excessive use of controlled substances, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or alcohol.
History:
Laws 1989, ch. 51, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-20 - Provision for hearing. (Repealed effective July 1, 2032.)

The board shall, before taking any disciplinary action, set any matter for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
Laws 1989, ch. 51, § 20.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-21 - Criminal offender's character evaluation. (Repealed effective July 1, 2032.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Social Work Practice Act.
History:
Laws 1989, ch. 51, § 21.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-22 - Penalties. (Repealed effective July 1, 2032.)

Any person who violates any provision of the Social Work Practice Act is guilty of a misdemeanor.
History:
Laws 1989, ch. 51, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-31-25 NMSA 1978.
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-23 - Repealed.

History:
Laws 1989, ch. 51, § 23; repealed by Laws 2019, ch. 143, § 16.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 143, § 16 repealed 61-31-23 NMSA 1978, as enacted by Laws 1989, ch. 51, § 23, relating to injunctive proceedings, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 31 - Social Work Practice › Section 61-31-25 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2032.)

The board of social work examiners is terminated on July 1, 2031 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Social Work Practice Act until July 1, 2032. Effective July 1, 2032, the Social Work Practice Act is repealed.
History:
Laws 1989, ch. 51, § 27; 1996, ch. 51, § 17; 1997, ch. 46, § 19; 2005, ch. 208, § 23; 2015, ch. 119, § 17; 2019, ch. 143, § 10.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, extended the agency life of the board of social work examiners; after the first occurrence of July 1,", deleted "2021" and added "2031", and after the second and third occurrences of "July 1,", deleted "2022" and added "2032".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the social work examiners to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 1997 amendment,
effective June 20, 1997, substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences.
The 1996 amendment,
effective March 5, 1996, substituted "1997" for "1995" once and "1998" for "1996" twice in the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 61, Article 32 NMSA 1978 may be cited as the "Funeral Services Act".
History:
1978 Comp., § 61-32-1, enacted by Laws 1993, ch. 204, § 1; 1999, ch. 284, § 1; 2012, ch. 48, § 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 61-32-1 NMSA 1978, as enacted by Laws 1978, ch. 185, § 1, giving the short title of the Thanatopractice License Law, and § 1 of that act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and after "cited as the", deleted "Thanatopractice" and added "Funeral Services".
The 1999 amendment,
effective June 18, 1999, updated the statutory reference.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Funeral Directors and Embalmers §§ 3 to 28.
Civil liability of undertaker in connection with transportation, burial, or safeguarding of body, 53 A.L.R.4th 360.
Recoverability of compensatory damages for mental anguish or emotional distress for breach of service contract, 54 A.L.R.4th 901.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-2 - Purpose. (Repealed effective July 1, 2030.)

In the interest of public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of the care and disposition of the dead human body, it is necessary to provide laws and regulations to govern the handling and care of the dead and the sensitivities of those who survive, whether they wish or do not wish rites or ceremonies. The primary responsibility and obligation of the board of funeral services is to protect the public.
History:
1978 Comp., § 61-32-2, enacted by Laws 1993, ch. 204, § 2; 2012, ch. 48, § 4.
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 61-32-2 NMSA 1978, as enacted by Laws 1978, ch. 185, § 2, giving the purpose of Thanatopractice License Law, and § 2 of that act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the board of thanatopractice to the board of funeral services and in the second sentence, after "board", deleted "of thanatopractice" and added "of funeral services".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-7 - Board duties. (Repealed effective July 1, 2030.)

The board shall:
A. administer the provisions of the Funeral Services Act;
B. provide for the examination, licensing and renewal of applicants or licensees; and
C. provide for the inspection of establishments and crematories.
History:
1978 Comp., § 61-32-7, enacted by Laws 1993, ch. 204, § 7; 2012, ch. 48, § 9.
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 61-32-7 NMSA 1978, as amended by Laws 1983, ch. 137, § 2, providing for an inspector and board representation, and § 7 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and in Subsection A, after "provisions of the", deleted "Thanatopractice" and added "Funeral Services".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-8 - Inspection; access; counsel. (Repealed effective July 1, 2030.)

A. Inspection of establishments and crematories, including all records, financial or otherwise, is authorized during regular business hours. Acceptance of a license shall include permission for the board or its designee to enter the premises without legal process.
B. An establishment or crematory shall maintain business records required by law or rule at the establishment or crematory.
C. The board shall be represented by the attorney general. The board may employ special counsel, upon approval of the attorney general, to review and prosecute cases of consumer complaints against any person, establishment or crematory licensed pursuant to the Funeral Services Act. Payment for the services shall be by the board.
History:
1978 Comp., § 61-32-8, enacted by Laws 1993, ch. 204, § 8; 1999, ch. 284, § 5; 2003, ch. 420, § 2; 2012, ch. 48, § 10.
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 61-32-8 NMSA 1978, as enacted by Laws 1978, ch. 185, § 8, concerning applicability of the Criminal Offender Employment Act, 28-2-1 to 28-2-6 NMSA 1978, and § 8 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and in Subsection B, deleted "Thanatopractice" and added "Funeral Services".
The 2003 amendment,
effective July 1, 2003, rewrote Subsection B.
The 1999 amendment,
effective June 18, 1999, deleted "or through prior arrangement" following "business hours" in Subsection A, added Subsection B, redesignated former Subsection B as Subsection C, and in that subsection, substituted the language beginning "upon approval of the attorney general" for "whose services shall be paid by the board upon the approval of the attorney general".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-10 - Licensure by credentials. (Repealed effective July 1, 2030.)

After successful completion of a jurisprudence examination, the board may license an applicant as a funeral service practitioner, funeral arranger or embalmer; provided the applicant possesses a valid license or its equivalent for the practice of funeral service issued by the appropriate examining board 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 presents proof that the applicant is currently licensed in good standing in a jurisdiction that has standards for licensure that are at least equal to those for licensure in New Mexico as required by the Funeral Services Act.
History:
1978 Comp., § 61-32-10, enacted by Laws 1993, ch. 204, § 10; 1999, ch. 284, § 7; 2003, ch. 420, § 4; 2019, ch. 164, 4.
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 61-32-10 NMSA 1978, as enacted by Laws 1978, ch. 185, § 10, limiting the practice of funeral service, and § 10 enacted a new section, effective June 18, 1993.
The 2019 amendment,
effective July 1, 2019, provided that the board of funeral services may license an applicant as a funeral service practitioner, funeral arranger, or embalmer if the applicant presents proof that the applicant is currently licensed in good standing in another jurisdiction; and after "provided the applicant", deleted "has actively practiced five out of the last ten years in another state, territory or foreign nation as a licensed funeral service practitioner, or its equivalent" and added "presents proof that the applicant is currently licensed in good standing in a jurisdiction that has standards for licensure that are at least equal to those for licensure in New Mexico as required by the Funeral Services Act".
The 2003 amendment,
effective July 1, 2003, deleted "has met educational requirements equal to or exceeding those established pursuant to the Thanatopractice Act or" following "provided the applicant".
The 1999 amendment,
effective June 18, 1999, substituted "equal to" for "substantially equivalent to" near the middle and "actively practiced five out of the last ten years in another state, territory or foreign nation" for "at least five consecutive years experience in another state or territory" near the end.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-12 - License; display of license. (Repealed effective July 1, 2030.)

A. Initial licenses shall be issued for the remainder of the year in which the license is granted, as established by rule.
B. A license issued by the board shall at all times be posted in the establishment or crematory in a conspicuous place.
History:
1978 Comp., § 61-32-12, enacted by Laws 1993, ch. 204, § 12.
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 61-32-12 NMSA 1978, as amended by Laws 1989, ch. 187, § 2, concerning license renewal and revival, and § 12 of the act enacted a new section, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-13 - Establishments; requirements; temporary licenses. (Repealed effective July 1, 2030.)

A. Each establishment shall have a full-time funeral service practitioner; provided the establishment license is a privilege granted to the person to whom it is issued and is not transferable to other owners or operators or to another location than that designated on the license. Whenever an establishment no longer employs or otherwise has a full-time licensee in charge, the establishment shall immediately cease the practice of funeral service or direct disposition and the person to whom the establishment license is granted shall immediately return the establishment license to the board by certified mail, return receipt requested, or by another delivery service that provides a means of tracking an item in its delivery system.
B. The board may adopt by rule special requirements for multi-establishment enterprises where the establishments are located within fifty miles of each other and wish to share a licensee in charge.
C. The board may adopt by rule the requirements for reapplication or reinspection.
D. The board may adopt by rule requirements for issuing a temporary establishment or crematory license that will be valid until the next scheduled board meeting.
History:
1978 Comp., § 61-32-13, enacted by Laws 1993, ch. 204, § 13; 1999, ch. 284, § 9; 2012, ch. 48, § 13.
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 61-32-13 NMSA 1978, as enacted by Laws 1978, ch. 185, § 13, concerning licensure under prior law, and § 13 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, required establishments that no longer employ a full-time funeral service practitioner to cease the practice of funeral service and direct disposition and to return the establishment license to the board; in Subsection A, in the first sentence, after "full-time", deleted "licensee in charge" and added "funeral service practitioner" and added the last sentence; and in Subsection B, after "special requirements for", deleted "multi-unit establishment that" and added "multi-establishment enterprises where the establishments".
The 1999 amendment,
effective June 18, 1999, inserted "provided" in Subsection A, and added Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-14.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 204, § 32 repealed 61-32-14.1 NMSA 1978, as amended by Laws 1989, ch. 187, § 4, concerning associate funeral service practitioners, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-15 - Repealed.

History:
1978 Comp., § 61-32-15, enacted by Laws 1993, ch. 204, § 15; repealed by Laws 2012, ch. 48, § 26.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 48, § 26 repealed 61-32-15 NMSA 1978, as enacted by Laws 1993, ch. 204, § 15, relating to associate funeral service practitioners limitations, effective July 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-16 - Repealed.

History:
1978 Comp., § 61-32-16, enacted by Laws 1993, ch. 204, § 16; repealed by Laws 2012, ch. 48, § 26.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 48, § 26 repealed 61-32-16 NMSA 1978, as enacted by Laws 1993, ch. 204, § 16, relating to assistant funeral service practitioners scope of practice and limitations, effective July 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-17 - Direct disposer; scope of practice; limitations. (Repealed effective July 1, 2030.)

A. Except as otherwise provided in the Funeral Services Act, a direct disposer may transport and dispose of a dead human body and participate in any rites or ceremonies after final disposition of the body.
B. Prior to interment, entombment or other final disposition of the body, a direct disposer shall not:
(1) participate in any rites or ceremonies in connection with the final disposition of the body;
(2) provide facilities for any such rites or ceremonies; and
(3) have the body embalmed unless embalming is required by the place of disposition.
History:
1978 Comp., § 61-32-17, enacted by Laws 1993, ch. 204, § 17; 1995, ch. 158, § 2; 1999, ch. 284, § 11; 2012, ch. 48, § 14.
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 61-32-17 NMSA 1978, as enacted by Laws 1978, ch. 185, § 17, concerning direct disposition establishment permits, and § 17 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the act and in Subsection A, after "provided in the", deleted "Thanatopractice" and added "Funeral Services".
The 1999 amendment,
effective June 18, 1999, added the Subsection A designation, and in that subsection, added "Except as otherwise provided in the Thanatopractice Act", and deleted the last sentence, which read "In doing so, the direct disposer shall not conduct, direct or provide facilities for a funeral, graveside service, committal service or memorial service, whether public or private, and the body shall not be embalmed prior to the disposition unless embalming is required by the place of disposition"; and added Subsection B.
The 1995 amendment,
effective April 5, 1995, substituted "conduct, direct or provide facilities for a" for "provide or participate in a" near the middle.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-17.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 204, § 32 repealed 61-32-17.1 NMSA 1978, as enacted by Laws 1983, ch. 137, § 4, concerning crematory permits, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-18 - Commercial establishments; scope of practice; limitations. (Repealed effective July 1, 2030.)

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) when acting under the direction of a licensed funeral establishment, the commercial establishment may:
(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;
(b) embalm;
(c) provide forwarding services;
(d) provide direct disposition; and
(e) arrange for identification of a dead human body by family members only, prior to disposition or transportation;
(2) when acting under the direction of a licensed direct disposition establishment, the commercial establishment may:
(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;
(b) embalm only when embalming is required by the place of disposition; and
(c) provide direct disposition; and
(3) when acting under the direction of a school of medicine, the commercial establishment may:
(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
(b) embalm.
B. A licensed commercial establishment shall not engage in any activity, or act for any entity, not specifically permitted in this section.
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.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-19.1 - Crematory; scope of practice; limitations. (Repealed effective July 1, 2030.)

A. The scope of practice of a crematory and its crematory authority is limited to cremation of dead human bodies and pulverization of cremains. A crematory and its crematory authority shall act as an agent of licensed funeral, commercial or direct disposition establishments and schools of medicine. A crematory and its crematory authority may:
(1) engage in transportation of dead human bodies to the crematory; and
(2) cremate dead human bodies and pulverize cremains.
B. After completion of the cremation process, if a crematory and its crematory authority have not been instructed by its agent to return the cremains to the person that initiated the cremation services contract or to arrange for the interment, entombment or ennichement of the cremains, the crematory authority shall return, or cause to be returned, the cremains to the establishment no later than thirty days after the date of cremation.
C. A crematory and its crematory authority shall maintain a system or process that ensures that any dead human body in the crematory's possession can be specifically identified throughout all phases of the cremation process.
D. A crematory shall keep an accurate record of all cremations performed for a period of not less than seven years.
E. The crematory and its crematory authority shall certify to the board that the crematory will not exceed the scope of practice allowed by law.
F. A licensed crematory shall not engage in any activity not specifically permitted in this section.
History:
1978 Comp., § 61-32-19.1, enacted by Laws 1999, ch. 284, § 13; 2003, ch. 420, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-32-31 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, inserted the second sentence in Subsection A; in Subsection B, inserted "by its agent to return the cremains to the person that initiated the cremation services contract or" following "not been instructed", and deleted "or person that initiated the cremation services contract" following "to the establishment".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-21 - License renewal. (Repealed effective July 1, 2030.)

A. All licenses expire annually and shall be renewed by submitting a completed renewal application, accompanied by the required fees, on a form provided by the board.
B. The board may require proof of continuing education or other proof of competency as a requirement for renewal; provided that a licensee who is age sixty-five or above and who has been licensed by the board for at least twenty consecutive years shall not be required to meet continuing education requirements.
C. A sixty-day grace period shall be allowed each licensee after the end of the licensing period, during which time licenses may be renewed upon payment of the renewal fee and a late fee as prescribed by the board and compliance with any other renewal requirements adopted by the board.
D. Any license not renewed at the end of the grace period shall be expired and invalid. A holder of an expired license shall be required to apply as a new applicant.
History:
1978 Comp., § 61-32-21, enacted by Laws 1993, ch. 204, § 21; 1999, ch. 284, § 15; 2001, ch. 84, § 1.
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 61-32-21 NMSA 1978, as enacted by Laws 1978, ch. 185, § 21, concerning embalming, and § 21 of the act enacted a new section, effective June 18, 1993.
The 2001 amendment,
effective June 15, 2001, added the proviso that certain licensees over the age of sixty-five are not required to meet continuing education requirements in Subsection B, and extended the grace period from thirty days to sixty days in Subsection C.
The 1999 amendment,
effective June 18, 1999, in Subsection C, deleted the first sentence, which read "A license not renewed on or before the expiration date is considered lapsed and is no longer valid" and changed the grace period from ninety days to thirty days, and in Subsection D, substituted "expired and invalid. A holder of an expired license shall" for "considered expired and the license holder shall".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-23 - Fees and fines. (Repealed effective July 1, 2030.)

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish by rule a schedule of reasonable fees and fines for applications, examinations, licenses, inspections, renewals, penalties, reinstatements and necessary administrative fees. All fees collected shall be deposited in accordance with Section 61-32-26 NMSA 1978. All fines collected shall be deposited in the current school fund.
History:
1978 Comp., § 61-32-23, enacted by Laws 1993, ch. 204, § 23; 1999, ch. 284, § 17; 2017, ch. 52, § 17; 2020, ch. 6, § 59.
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 61-32-23 NMSA 1978, as amended by Laws 1983, ch. 137, § 7, containing additional prohibitions, and § 23 of the act enacted a new section, effective June 18, 1993.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and added "Except as provided in Section 61-1-34 NMSA 1978".
The 2017 amendment,
effective June 16, 2017, provided that all fines collected by the board of funeral services be deposited in the current school fund; in the catchline, added "and fines"; after "establish by", deleted "regulation" and added "rule", after "reasonable fees", added "and fines", and added the last sentence.
The 1999 amendment,
effective June 18, 1999, deleted "provided that no one fee shall exceed five hundred dollars ($500)" at the end of the first sentence, and substituted "in accordance with Section 61-32-26 NMSA 1978" for "in the thanatopractice fund" in the second sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 32 - Funeral Services › Section 61-32-25 - Additional prohibitions. (Repealed effective July 1, 2030.)

A. No person licensed pursuant to the provisions of the Funeral Services Act shall advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another license holder or that may cause confusion or misunderstanding.
B. No person licensed pursuant to the provisions of the Funeral Services Act shall transport or cause to be transported by common carrier any dead human body out of this state when the licensee knows or has reason to believe that the dead human body carries any notifiable communicable disease or when the transportation would take place more than twenty-four hours after death, unless the body has been prepared or embalmed as provided in the Funeral Services Act, unless approval for transportation has been given by the office of the medical investigator, the secretary of health, a court of competent jurisdiction or other authorized official or unless the body is placed in a sealed container.
C. No person licensed pursuant to the provisions of the Funeral Services Act shall remove, and no authorized person shall embalm, a dead human body when the authorized person has information indicating crime or violence of any sort in connection with the cause or manner of death, unless in accordance with instructions or regulations of the office of the medical investigator or until permission has been obtained from the office of the medical investigator or other authorized official.
History:
1978 Comp., § 61-32-25, enacted by Laws 1993, ch. 204, § 25; 2012, ch. 48, § 18.
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 61-32-25 NMSA 1978, as amended by Laws 1987, ch. 333, § 13, providing for the delayed repeal of this article, and § 25 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment,
effective July 1, 2012, changed the name of the act; in Subsections A, B and C, after "No person licensed", deleted "under" and added "pursuant to the provisions of the" and after "provisions of", deleted "Thanatopractice" and added "Funeral Services"; and in Subsection B, after "embalmed as provided in the", deleted "Thanatopractice" and added "Funeral Services".