New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"board"
means the board of funeral services;
B.
"committal service"
means a
				service at a place of interment or entombment that follows a funeral conducted
				at another location;
C.
"conspicuously displayed"
means certificate of licensure and
				inspection results notice are collectively posted in a location where a member
				of the general public within the licensee's place of business will be able to
				observe and read the certificate of licensure and inspection results
				notice.
D.
"custody"
means the right to make all decisions, consistent with applicable laws,
				regarding the handling of a dead body, including, but not limited to,
				possession, at-need funeral arrangements, final disposition and
				disinterment.
E. "cremated remains"
				means the remains of a dead human body which has been reduced by direct flame
				to a residue, which includes bone fragments;
F.
"cremation"
means the
				reduction of a dead human body by direct flame to a residue, which includes
				bone fragments;
G.
"crematory"
means every place or premises that is devoted to or
				used for cremation and pulverization of the cremated remains;
H.
"crematory authority"
means
				the individual who is ultimately responsible for the operation of a
				crematory;
I.
"department"
means the regulation and licensing
				department;
J.
"direct
				disposer"
means a person licensed to engage solely in providing direct
				disposition at a direct disposition establishment, licensed pursuant to the
				Funeral Services Act, as provided in that act;
K.
"direct disposition"
means
				only the disposition of a dead human body as quickly as possible, without a
				direct disposer performing or arranging a funeral, graveside service, committal
				service or memorial service, whether public or private, and without embalming
				of the body unless embalming is required by the place of disposition;
L.
"direct supervision"
means
				that the supervising funeral service practitioner is physically present with
				and in direct control of the person being trained;
M.
"disposition"
means the final
				disposal of a dead human body, whether it be by earth interment, aboveground
				interment or entombment, cremation, burial at sea or delivery to a medical
				school, when the medical school assumes complete responsibility for the
				disposal of the body following medical study;
N.
"embalmer"
means a person
				licensed to engage in embalming and preparing a dead human for funeral service
				at a funeral establishment that is licenses pursuant to the funeral service
				act;
O.
"embalming"
means the disinfection, preservation and restoration, when possible, of a dead
				human body by a licensed funeral service practitioner or a licensed funeral
				service intern under the supervision of a licensed funeral service
				practitioner;
P.
"ennichement"
means interment of cremated remains in a niche in a
				columbarium, whether in an urn or not;
Q.
"entombment"
means interment
				of a casketed body or cremated remains in a crypt in a mausoleum;
R.
"establishment"
means every
				office, premises or place of business where the practice of funeral service or
				direct disposition is conducted or advertised as being conducted and includes
				commercial establishments that provide for the practice of funeral service or
				direct disposition services exclusively to licensed funeral or direct
				disposition establishments or a school of medicine;
S.
"funeral"
means a period
				following death in which there is an organized, purposeful, time-limited, group
				centered ceremony or rite, whether religious or not, with the body of the
				deceased present;
T.
"funeral arranger"
means a person licensed to engage in arrangements and
				directing of funeral services at a funeral establishment that is licensed
				pursuant to the Funeral Services Act;
U.
"funeral merchandise"
means
				that personal property offered for sale in connection with the transportation,
				funeralization or disposition of a dead human body, including the enclosure
				into which a dead human body is or cremated remains are directly placed, and
				excluding mausoleum crypts, interment enclosures preset in a cemetery and
				columbarium niches;
V.
"funeral service intern"
means a person licensed to be in training
				for the practice of funeral service under the supervision and instruction of a
				funeral service practitioner at a funeral establishment or commercial
				establishment, licensed pursuant to the Funeral Services Act;
W.
"funeral service intern - direct
				supervision"
means a licensed funeral service intern who is under direct
				supervision and instruction of a licensed funeral service practitioner at a
				funeral establishment or commercial establishment, licensed pursuant to the
				Funeral Services Act;
X.
"funeral service intern - general supervision"
means a licensed
				funeral service intern who is under general supervision and instruction of a
				licensed funeral service practitioner at a funeral establishment or commercial
				establishment, licensed pursuant to the Funeral Services Act;
Y.
"funeral service
				practitioner"
means a person licensed to engage in the practice of
				funeral service at a funeral establishment or commercial establishment that is
				licensed pursuant to the Funeral Services Act;
Z.
"funeral services"
means
				those immediate post-death activities related to a dead human body and its care
				and disposition, whether with or without rites or ceremonies; but 'funeral
				services' does not include disposition of the body by a school of medicine
				following medical study;
AA.
"general supervision"
means that the supervising funeral service
				practitioner is not necessarily physically present in the establishment with
				the person being trained but is available for advice and assistance;
BB.
"graveside service"
means a
				funeral held at the graveside only, excluding a committal service that follows
				a funeral conducted at another location;
CC.
"jurisprudence examination"
means an examination prescribed by the board on the statutes, rules and
				regulations pertaining to the practice of funeral service or direct
				disposition, including the Funeral Services Act, the rules of the board, state
				health regulations governing human remains and the Vital Statistics
				Act;
DD.
"licensee in
				charge"
means a funeral service practitioner who is ultimately
				responsible for the conduct of a funeral or commercial establishment and its
				employees; or a direct disposer who is ultimately responsible for the conduct
				of a direct disposition establishment and its employees;
EE.
"make arrangements"
means
				advising or counseling about specific details for a funeral, graveside service,
				committal service, memorial service, disposition or direct
				disposition;
FF.
"memorial
				service"
means a gathering of persons for recognition of a death without
				the presence of the body of the deceased;
GG.
"practice of funeral
				service"
means those activities allowed under the Funeral Services Act
				by the funeral service practitioner or funeral service intern; and
HH.
"pulverization"
means the
				process that reduces cremated remains to a granular substance.
II.
"retort"
means a vessel or
				chamber in which substances are distilled or decomposed by heat.