reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.10 - ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
All advertising including but not limited to; signs,
				  newspaper listings, business cards, television, radio and internet
				  advertisements are controlled by an entity licensed by the New Mexico Board of
				  Funeral Services and must operate as follows:
A. The licensed name of the entity must
				appear on the advertisement;
B. All
				advertising entities must be licensed by the New Mexico Board of Funeral
				Services and the establishment license number must appear on the contact
				information;
C. The entities
				physical address and phone number must be displayed on the contact
				information;
D. Irrespective of the
				name on the website, provisions must be made on an establishments website so
				the individual who wishes to enter into a funeral-related contract or
				transaction, must
not
be able to complete such a transaction
				without openly and apparently dealing with the licensed entity under the
				licensed name as reflected in the records of the New Mexico Board of Funeral
				Services;
E. No funeral
				establishment, commercial establishment, crematory, or direct disposer shall
				advertise in a manner that is false, misleading, or deceptive;
F. A website belonging to a crematory society
				or funeral service society shall be linked with a licensed funeral
				establishment. The licensed funeral establishment and its location shall be
				provided on the website or advertising;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.11 - DOCUMENTS AND CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All official documents and contracts of any establishment shall bear the
				signature of the licensee signing the document or contract as the
				representative of the establishment, together with the licensee's license
				classification and license number, and the date the document or contract was
				signed by the licensees. The following classification abbreviations shall be
				allowed:
(1) FSP - funeral service
				practitioner;
(2) FSI - funeral
				service intern (- general);
(3)
				Arranger;
(4) Embalmer;
(5) DD - direct disposer.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 1 - GENERAL PROVISIONS › Section 16.64.1.12 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the provisions of the Open Meetings Act, if it is
				  difficult or impossible for a member of the board to attend a meeting in
				  person, the member may participate through telephone conference. Each member
				  participating by telephone conference must be identified when speaking, all
				  participants must be able to hear each other at the same time and members of
				  the public attending the meeting must be able to hear any member of the board
				  who speaks during the meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 2 - FEES › Section 16.64.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.2 NMAC applies to licensees, applicants for licensure,
				  and the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 2 - FEES › Section 16.64.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.2 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7,
				  61-32-9,
				  61-32-11,
				  61-32-21,
				  61-32-22 and
				  61-32-23.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 2 - FEES › Section 16.64.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 22, 1999, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 2 - FEES › Section 16.64.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.2 NMAC is to establish the fee schedule needed to
				  generate sufficient revenues required to carry out the board's administrative
				  functions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 2 - FEES › Section 16.64.2.8 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
The following schedule shall be applicable for fees
				  collected by the boardunder the Funeral Services Act:
A. Funeral service practitioner license:
(1) application $50.00
(2) licensure $150.00
(3) renewal $150.00
(4) penalty for late renewal $75.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Funeral Services
				  Act, Chapter 61, Article 32 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.3 NMAC establishes the requirements for professional
				  licensure under the New Mexico Funeral Services Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accredited college or university"
means an institution that was
				accredited by the American board of funeral service education (ABFSE) at the
				time of the applicant's graduation or completion of the required funeral
				service education courses.
B.
[RESERVED]
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.8 - APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant
				applying for a funeral service intern license must:
(1) submit a completed application form
				supplied by the board office;
(2)
				pay applicable fees as set forth in
				16.64.2.8
				NMAC;
(3) submit satisfactory
				evidence that the applicant is at least 18 years of age;
(4) submit satisfactory evidence that the
				applicant has graduated from high school or the equivalent;
(5) submit satisfactory proof of employment
				and proof of supervision;
(6)
				successfully complete the jurisprudence examination outlined in Subsection B of
				16.64.5.9
				NMAC;
(7) submit a release of
				information form directly to the Department of public safety with fees as
				required by the Department of public safety; and
(8) provide proof of any disqualifying
				criminal convictions as defined in 16.64.11.14 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.10 - PROVISIONS FOR EMERGENCY LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Funeral service practitioners currently
				licensed and in good standing, or otherwise meeting the requirements for New
				Mexico licensure in a state in which a federal disaster has been declared, may
				be licensed in New Mexico during the four months following the declared
				disaster at no cost upon satisfying the following requirements:
(1) receipt by the board of funeral services
				a completed application which has been signed and notarized and which is
				accompanied by proof of identity, which may include a copy of a drivers
				license, passport or other photo identification issued by a governmental
				entity;
(2) requirements have been
				met as set forth in 16.64.3.8, 16.64.3.9, 16.64.5.9, 16.64.6.8, 16.64.6.9 and
				16.64.6.10 NMAC.
(3) applicant
				shall provide a sworn affidavit that provides the name, address, years of
				employment and supervisors name;
(4) sworn affidavit that the applicant was
				personally and professionally affected by the disaster;
(5) verification of previous employment will
				be accepted from co-worker when it is impossible to obtain it from the
				employer;
(6) nothing in this
				section shall constitute a waiver of qualifications of the requirements for
				licensure contained in 16.64.3 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 3 - REQUIREMENTS FOR LICENSURE › Section 16.64.3.11 - TERMINATION OF EMERGENCY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The emergency license shall terminate upon
				the following circumstances:
(1) the issuance
				of an initial license under section 16.64.3 NMAC; or
(2) proof that the emergency license holder
				has engaged in fraud, deceit or misrepresentation in procuring or attempting to
				procure a license under this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.4 NMAC applies to all licensees and applicants for
				  establishment and crematory licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.4 NMAC is adopted pursuant to the Funeral Services
				  Act, NMSA 1978, Section
				  61-32-2,
				  61-32-4,
				  61-32-6,
				  61-32-7,
				  61-32-8,
				  61-32-11,
				  61-32-13,
				  61-32-18,
				  61-32-20 and
				  61-32-21.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.4 NMAC is to establish the minimum requirements for
				  establishments and crematories, separate establishments, changes of
				  establishment and crematory licenses and refrigeration of dead human
				  bodies.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements pertain to all establishments and
				  crematories:
A. The building in which
				an establishment or crematory is located shall be in conformity with the
				requirements of the applicable federal, state and local statutes, rules,
				ordinances and zoning provisions, of good appearance and devoted primarily to
				the purpose for which it is licensed; provided, however, that a crematory may
				be located at any establishment if allowed by local ordinances and zoning
				provisions.
B. The site and any
				rooms or areas within the structure thereon, and the use thereof, shall conform
				to all applicable state and local statutes, rules, ordinances and zoning
				provisions, and shall be in clean condition and good repair at all
				times.
C. There shall be some
				identification visible from the street identifying the name of the
				establishment as licensed by the board; provided, however, that crematories
				shall not be required to have visible identification.
D. Within this state there may be presently
				licensed establishments which were lawful before 16.64 NMAC was effective in
				its original form on September 14, 1988, but which would not conform to the
				provisions of 16.64.4 NMAC, or future amendment. It is the intent of 16.64 NMAC
				to permit these physical structure nonconformities in accordance with the
				Funeral Services Act. To effectuate this intent, the application of 16.64 NMAC
				shall be prospective only from and after its effective date in its original
				form on September 14, 1988 and any existing physical structure nonconformity in
				a presently licensed establishment shall not be deemed grounds for revocation,
				suspension, denial or non-renewal of an establishment license for facilities
				existing and approved under the statutes and 16.64 NMAC in force at the date of
				the adoption hereof. Any such establishment whose license is revoked or not
				renewed, or any establishment which has any change in ownership as outlined in
				16.64.4.11
				NMAC shall be subject to the requirements of the board at the time such
				establishment applies to again become licensed. The provisions of 16.64.4 NMAC
				shall be deemed severable.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.9 - MINIMUM REQUIREMENTS OF ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be licensed by the board, each funeral
				services establishment shall have and maintain the following minimum
				requirements:
(1) a chapel/room specifically
				used for gatherings, rituals and ceremonies, which shall be at least 600 square
				feet (inside-wall-to-inside-wall) in size, and shall:
(a) have the capacity for seating not less
				than 60 persons and for the proper display of a casket containing the
				deceased;
(b) have good
				ventilation;
(c) be entirely and
				completely separated from both the preparation room and the casket display
				room, except for entrances and exits having doors; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.10 - LICENSEE IN CHARGE AND SEPARATE ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each establishment shall have in charge,
				full-time therein, a funeral service practitioner.
(1) The licensed funeral service practitioner
				for a funeral establishment shall live within ninety (90) minutes by legal road
				travel of the establishment.
(2)
				The licensed funeral service practitioner of a commercial establishment shall
				live within ninety (90) minutes by legal road travel of the
				establishment.
(3) The licensee in
				charge of a direct disposition establishment shall be a licensed direct
				disposer, and shall live within (90) minutes by legal road travel of the
				establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.12 - REFRIGERATION

Current through Register Vol. 35, No. 13, July 16, 2024
All bodies which are refrigerated in lieu of, or prior to,
				  embalming shall be stored at a temperature not to exceed forty (40) degrees
				  fahrenheit {five (5) degrees celsius} and shall not be taken out of
				  refrigeration until such time as the dead human body is being prepared to be
				  embalmed, upon final disposition, or for identification purposes only not to
				  exceed thirty (30) minutes.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.5 NMAC applies to applicants for licensure as a funeral
				  service practitioner, associate funeral service practitioner, and direct
				  disposer.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.5 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7,
				  61-32-9
				  and
				  61-32-10.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 10, 1994, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.5 NMAC is to establish the examination requirements for
				  licensure. The examination(s) is to determine that each applicant for licensure
				  possesses the minimum skills and knowledge to practice competently.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				examination outlined in Subsection A of 16.64.5.9 NMAC shall be given at such
				times and places as determined by the board.
B. The examination outlined in Subsection B
				of 16.64.5.9 NMAC may be given at any meeting of the board, or at such other
				times and places determined by the board.
C. No applicant may take any specific
				examination more than twice in any six (6) month period; and an applicant must
				wait a minimum of thirty (30) days from the examination date prior to retaking
				any examination. An applicant shall pay all costs and fees to retake any
				examination.
D. No applicant shall
				be permitted to take any examination until his or her application is complete,
				as determined by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 5 - EXAMINATIONS › Section 16.64.5.9 - EXAMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each applicant
				for a license as a funeral service practitioner shall take a written
				comprehensive examination, comparable to the examination taken by graduates of
				funeral service education. An applicant must answer not less than 75% of the
				questions correctly to successfully complete the examination. The candidate
				shall pay all costs of the examination charged by examining agency together
				with the administrative costs of the board. The pass/fail decision of the board
				shall be binding.
B. Each applicant
				for licensure, including any licensee who wishes to reinstate an inactive
				license, shall take a written jurisprudence examination prescribed by the
				board. An applicant must answer not less than 75% of the questions correctly to
				successfully complete the jurisprudence examination. An applicant who does not
				successfully complete the jurisprudence examination may protest to the board,
				not later than the following board meeting, if he or she feels the grading of
				the examination was incorrect or unfair. The decision of the board following a
				protest shall be binding.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.6 NMAC applies to licensed funeral service
				  practitioners, associate funeral service practitioners, assistant funeral
				  service practitioners, direct disposers, and funeral service interns under
				  general supervision.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.6 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7,
				  61-32-21 and
				  61-32-22.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.6 NMAC is to establish the continuing education
				  requirements and procedures, to ensure that licensees provide the highest
				  quality professional service. Therefore licensees should engage in education
				  activities that foster this objective.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Continuing
				education" means that education which is obtained by a licensee to develop,
				maintain, improve or expand skills and knowledge. This education may be
				obtained through formal or informal education processes, school study, research
				and participation in professional, technical and occupational societies and by
				other similar means as authorized by the board.
B. "Approved provider" means any provider
				approved by the board or it's designee.
C. "Renewal period" means July
				1st through June
				30th.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requests for approval of continuing education activities shall be submitted to
				the board on a form prescribed by the board. No license renewal shall be issued
				without board action if there exists any question by the board administrator as
				to the acceptance of a particular continuing education activity. The burden
				shall be on the licensee to ascertain from the board if a continuing education
				activity is acceptable, and to provide proof of completion of the continuing
				education activity for the renewal period.
B. 10 hours of continuing education,
				including two hours of ethics, shall equal one continuing education unit
				(CEU).
C. Regardless of what part
				of the year a person becomes licensed, there shall be no reduction or
				pro-rating of continuing education hours required for the next renewal period;
				provided however, that any person who was first licensed during the same
				renewal period as he or she graduated from an accredited school of funeral
				service education shall not be required to earn continuing education for the
				next renewal.
D. Any person who
				holds more than one license issued by the board may use the same continuing
				education hours for renewal of both licenses without having to earn separate
				continuing education hours for each license renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.9 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
The board may, subject to Subsection A of
				  16.64.6.10
				  NMAC, recognize continuing education in the following areas related to funeral
				  services.
A. Academic activities:
(1) completion of courses offered by
				accredited institutions of higher education; and
(2) completion of home study courses offered
				by approved sponsors of such courses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 6 - CONTINUING EDUCATION › Section 16.64.6.10 - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The amount of
				continuing education credit the board will recognize for any activity will be
				at the sole discretion of the board, provided however, that the board will
				grant credit for activities offered by any approved provider of continuing
				education subject to the limitation imposed in Subsection B of 16.64.6.10
				NMAC.
B. No more than four hours
				{0.4 CEU} of continuing education credit shall be granted in any renewal period
				for activities as outlined in Subsection C of
				16.64.6.9
				NMAC.
C. Upon application for
				renewal of a license, the applicant shall furnish evidence of having completed
				continuing education hours to the following extent.
(1) Funeral service practitioners shall be
				required to complete 10 hours, two of which must be in ethics for a total of
				{1.0 CEU}.
(2) Funeral service
				interns who are allowed to practice under the general supervision of a funeral
				service practitioner in any category shall be required to complete 10 hours,
				two of which must be in ethics for a total of {1.0 CEU}.
(3) Direct disposers shall be required to
				complete 10 hours, two of which must be in ethics for a total of {1.0
				CEU}.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are issued pursuant to the Funeral Services Act,
				  Chapter 61, Article 32 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.7 NMAC establishes the requirements for license
				  renewal, placement of license on inactive status and reinstatement of an
				  inactive license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All licenses issued by the board expire June 30 of each year
				  and shall be renewed by submitting a completed renewal application, accompanied
				  by the required fees, on a form prescribed by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.9 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				licensee, excluding funeral service intern licensees, who wishes to place his
				or her license on inactive status shall notify the board in writing, on a form
				prescribed by the board, prior to the expiration of his or her current
				license.
B. A license placed on
				inactive status by the board may be renewed within a period not to exceed five
				years following the date the board granted the inactive status.
C. Upon approval by the board of an inactive
				request, the licensee shall be exempt from the payment of the annual renewal
				fee during the period of inactive status.
D. No license will automatically be placed on
				inactive status by failure of the licensee to renew his or her
				license.
E. No license shall be
				placed on inactive status if the licensee is under investigation or if
				disciplinary proceedings have been initiated.
F. Disciplinary proceedings may be initiated
				or continued against a licensee who has been granted inactive status.
G. Any licensee who has placed his or her
				license on inactive status shall notify the board of his or her desire to
				reinstate the inactive license. Upon receipt of such notice, the board
				administrator shall send to the inactive licensee an application for
				reinstatement.
H. A licensee may
				reactivate the license upon submission of the following:
(1) a reinstatement application;
(2) payment of the renewal and reinstatement
				fee listed in 16.64.2 NMAC;
(3)
				proof of continuing education units listed in 16.64.6 NMAC; and
(4) successful completion of the written
				jurisprudence examination listed in Subsection B of 16.64.7 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 7 - LICENSE RENEWAL › Section 16.64.7.10 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				licensees shall renew their license on or before June 30th of each
				year.
B. Application for renewal
				shall be completed on a form provided by the board.
C. A license may be renewed upon submission
				of the following:
(1) a completed renewal
				application;
(2) payment of the
				renewal and reinstatement fee outlined in 16.64.2 NMSA;
(3) proof of continuing education units
				outlined in 16.64.6 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 8 - FUNERAL SERVICE INTERN PRACTICES › Section 16.64.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.8 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7
				  and
				  61-32-14.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 8 - FUNERAL SERVICE INTERN PRACTICES › Section 16.64.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 8 - FUNERAL SERVICE INTERN PRACTICES › Section 16.64.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.8 NMAC is to establish the scope of practice for
				  funeral service interns.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 8 - FUNERAL SERVICE INTERN PRACTICES › Section 16.64.8.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				funeral service intern shall inform the board, on quarterly reports prescribed
				by the board, of the work completed by the funeral service intern, and the
				name(s) of the funeral service practitioner(s) who supervised each activity,
				and shall be for the periods as follows, until such time as the minimum
				requirements are met, as determined by the board:
(1) July 1 thru September 30,
				inclusive;
(2) October 1 thru
				December 31, inclusive;
(3) January
				1 thru March 31, inclusive;
(4)
				April 1 thru June 30, inclusive.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Funeral
				  Services, P.O. Box 25101, Santa Fe, New Mexico 87504, (505)
				  827-7013.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.9 NMAC applies to all licensed direct disposers, and
				  direct disposition establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.9 NMAC is adopted pursuant to the Funeral Services Act,
				  NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7
				  and
				  61-32-17.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 4, 1995, unless a different date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.9 NMAC is to establish the scope of practice for
				  direct disposers and direct disposition establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 9 - DIRECT DISPOSITION PRACTICES › Section 16.64.9.8 - DIRECT DISPOSITION PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every direct disposer in this state shall
				give or cause to be given to the person or persons arranging for a direct
				disposition, prior to the time of direct disposition, in addition to any other
				disclosure required by any statute or regulations, a written statement
				disclosing:
(1) that prior to interment,
				entombment, or final disposition of a dead human body or cremated remains, the
				direct disposer cannot participate in any rites or ceremonies in connection
				with the final disposition of the remains;
(2) that prior to interment, entombment, or
				final disposition of a dead human body or cremated remains, the direct disposer
				cannot provide facilities for rites or ceremonies in connection with the final
				disposition of the remains;
(3)
				that a body cannot be embalmed unless embalming is required by the place of
				disposition, and then only by a person licensed to embalm;
(4) that there can be no viewing of the body
				except for the purpose of identification;
(5) that the purchase of any funeral
				merchandise, and the price thereof, from the direct disposer, does not include
				any rites or ceremonies or other use of facilities not inherent to the direct
				disposition; and
(6) that a direct
				disposer may transport, or cause transportation of, a body to a place where
				services will be conducted with the body present, provided the direct disposer
				or his agent obtains a signed release from the person accepting the body, which
				person shall be the person having the right to control the disposition of the
				body, that person's agent, and the direct disposer or his agent cannot
				thereafter transport, or cause transportation of, the body to any place; such
				signed release shall be kept on file at the direct disposition establishment
				for a period of not less than five years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 10 - CREMATION PRACTICES › Section 16.64.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.10 NMAC is adopted pursuant to the Funeral Services
				  Act, NMSA 1978, Section
				  61-32-2,
				  61-32-6,
				  61-32-7
				  and
				  61-32-19.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 10 - CREMATION PRACTICES › Section 16.64.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 26, 1993, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 10 - CREMATION PRACTICES › Section 16.64.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.10 NMAC is to establish the scope of practice for
				  crematories, cremation requirements and requirement of crematories and
				  establishments for maintaining records and disposing of cremated
				  remains.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 10 - CREMATION PRACTICES › Section 16.64.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Cremation
" and "
calcination
" are considered
				synonymous, and means the final disposition of the dead human body to a residue
				of cremated remains.
B.
				"
Authorizing agent(s)
" means the person(s) legally entitled to
				order the cremation.
C.
				"
Cremated remains container
" means any container in which cremated
				remains may be enclosed which will avoid leakage and prevent the entrance of
				foreign substances.
D.
				"
Cremation container
" means an enclosure in which a dead human
				body is placed for delivery to a crematory and subsequently cremated with the
				body.
E. "
Crematory
				authority
" means an authorized representative of a crematory.
F. "
Urn
" means a cremated
				remains container considered to be decorative, that varies in size, styling and
				composition.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 10 - CREMATION PRACTICES › Section 16.64.10.8 - CREMATION PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				cremation shall take place until all necessary documentation is obtained or a
				court order has been issued authorizing the cremation; such documentation shall
				include:
(1) signed authorization by the
				authorizing agent(s);
(2) signed
				permit from the office of the medical investigator of the state, or its
				equivalent if the death occurred outside this state; provided no such permit
				shall be required for the cremation of fetal deaths; and
(3) any other form(s) which may be required
				by the crematory in order for the cremation to take place.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.11 NMAC applies to licensees, applicants for licensure,
				  and the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Funeral Services
				  Act, Chapter 61, Article 32 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 21, 1997, unless a different date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
16.64.11 NMAC establishes the procedures for filing and
				  processing complaints, and for taking disciplinary action against licensees and
				  applicants for licensure, for violations of provisions in the Funeral Services
				  Act or any rule or regulation issued pursuant to the Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Complaint"
means a complaint filed with the board.
B.
"Complainant"
means the
				complaining party of a complaint filed against a licensee(s), or applicant for
				licensure, who is/are governed under the Funeral Services Act.
C.
"disqualifying criminal
				conviction"
has the same meaning as defined in Subsection E of Section
				61-1-36 NMSA 1978.
D.
"Respondent"
means an applicant for licensure, a licensee or other
				person subject to the provisions of the Funeral Services Act, and who is the
				subject of a complaint for claimed violations of the Act or any rule or
				regulation issued pursuant to the Act.
E.
"Notice of contemplated
				action"
means the administrative process used by the board for a
				licensee or applicant for licensure to be afforded notice and an opportunity to
				be heard in a formal hearing setting before the board has authority to take any
				action which would have the effect of denying, revoking, or suspending a
				license or application for licensure governed by the Uniform Licensing
				Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, including any member of the board or board staff, may initiate a
				complaint in writing. Complaints should be submitted on a form prescribed by
				the board.
B. Complaints shall
				contain factual allegations constituting violations of any provisions of the
				Funeral Services Act or any rule or regulation issued pursuant to the
				Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.9 - PROCEDURES FOR RECEIPT OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board's designee will maintain a
				written log of all complaints received which records at a minimum, the date the
				complaint was received, and name, addresses of the complainant and
				respondent.
B. Upon receipt of a
				complaint the board's designee will:
(1) log
				in the date the complaint was received;
(2) determine whether the respondent is
				licensed, or an applicant for licensure with the board;
(3) send the complainant written
				acknowledgment of receipt of the complaint; and
(4) immediately forward the complaint to the
				complaint committee; the complaint committee chair will be responsible for
				convening the complaint committee to review the complaint(s).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 11 - COMPLAINTS › Section 16.64.11.10 - COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board chair will appoint a complaint committee consisting of at least one
				person, who will be a professional member on the board. The board chair may
				also appoint to the complaint committee the board administrator or a complaint
				manager.
B. The complaint committee
				will handle complaints in a confidential manner as required by law.
C. The complaint committee will review all
				complaints received by the board, conduct whatever action it deems necessary in
				the course of gathering information, and make recommendations for disposition
				of the complaint to the full board in executive session to maintain the
				confidentiality of the complaint.
D. No complaint committee meeting will be
				held without the presence of the professional board member.
E. A complaint committee member who is
				partial or who believes he or she is not capable of judging a particular
				controversy fairly on the basis of its own circumstances will not participate
				and another member will be appointed by the chair to serve on the committee if
				required.
F. For any complaint
				which the complaint committee reasonably anticipates may be referred to the
				board for consideration of the issuance of a notice of contemplated action, the
				respondent will be provided a copy of the complaint and will be allowed a
				reasonable time in which to respond to the allegations in the complaint. The
				foregoing notwithstanding, the complaint committee will not be required to
				provide the respondent with a copy of the complaint, or with notice of the
				filing of a complaint or any related investigation, prior to the issuance of a
				notice of contemplated action if the committee determines that disclosure may
				impair, impede or compromise the efficacy or integrity of the
				investigation.
G. If the complaint
				committee determines that further information is needed, it may issue
				investigative subpoenas, pursuant to the Uniform Licensing Act; employ an
				investigator, or experts, or other persons whose services are determined to be
				necessary, in order to assist in the processing and investigation of the
				complaint. The complaint committee will have independent authority to employ
				such persons, without prior approval of the board. The board administrator will
				determine budgetary availability, and will contract for investigative
				services.
H. Upon completion of its
				review or investigation of a complaint, the complaint committee will present a
				summary of the case to the board for the purpose of enabling the board to
				decide whether to proceed with the case or to dismiss the case. The summary
				will be identified by complaint number without identifying the complainant(s)
				or respondent(s) by name.