New
Mexico Register / Volume XXX, Issue 20 / October 29, 2019
This is an amendment to 16.64.1 NMAC, Sections 7, 10 and 11, effective
11/1/2019.
16.64.1.7 DEFINITIONS:
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.
[D.] E. [“cremains”] “cremated
remains” means [cremated remains] the remains of a dead human
body which has been reduced by direct flame to a residue, which includes bone
fragments;
[E.] F. “cremation” means the reduction of a
dead human body by direct flame to a residue, which includes bone fragments;
[F.] G. “crematory” means every place or
premises that is devoted to or used for cremation and pulverization of the [cremains]
cremated remains;
[G.] H. “crematory authority” means the
individual who is ultimately responsible for the operation of a crematory;
[H.] I. “department” means the regulation and
licensing department;
[I.] 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;
[J.] 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;
[K.] L. “direct supervision” means that the
supervising funeral service practitioner is physically present with and in
direct control of the person being trained;
[L.] 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;
[M.] 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;
[N.] P. “ennichement” means interment of [cremains]
cremated remains in a niche in a columbarium, whether in an urn or not;
[O.] Q. “entombment” means interment of a
casketed body or [cremains] cremated remains in a crypt in a
mausoleum;
[P.] 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;
[Q.] 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;
[R.] 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 [cremains] cremated remains
are directly placed, and excluding mausoleum crypts, interment enclosures
preset in a cemetery and columbarium niches;
[S.] 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;
[T.] 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;
[U.] 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;
[V.] 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;
[W.] BB. “graveside service” means a funeral
held at the graveside only, excluding a committal service that follows a
funeral conducted at another location;
[X.] 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;
[Y.] 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;
[Z.] EE. “make
arrangements” means advising or counseling about specific details for a
funeral, graveside service, committal service, memorial service, disposition or
direct disposition;
[AA.] FF. “memorial service” means a gathering of persons for recognition of
a death without the presence of the body of the deceased;
[BB.] GG. “practice of funeral service” means those activities allowed under
the Funeral Services Act by the funeral service practitioner or funeral service
intern; and
[CC.] HH. “pulverization” means the process that
reduces [cremains] cremated remains to a granular substance.
II. “retort” means a vessel or chamber in
which substances are distilled or decomposed by heat.
[6/15/1996; 16.64.1.7 NMAC - Rn & A, 16 NMAC 64.1.7, 9/15/2001; A, 8/8/2012; A, 11/1/2019]
[16.64.1.10 INSPECTION OF BOARD RECORDS: The
board operates in compliance with the Inspection of Public Records Act
A. The
board administrator will be the custodian of the board's records.
B. Except
as otherwise provided by law, all records kept by the board shall be available
for public inspection pursuant to the Inspection of Public Records Act, except
as provided herein:
(1) the
contents of any examination used to examine an applicant's knowledge or
competence;
(2) letters
of reference;
(3) matters of opinion;
(4) complaints,
and investigative files obtained during the course of an investigation or
processing of a complaint, and before the vote of the board as to whether to
dismiss the compliant or to issue a notice of contemplated action as provided
in the Uniform Licensing Act, NMSA 1978, Section 61-1-1 et seq., and in order
to preserve the integrity of the investigation of the complaints, records and
documents that reveal confidential sources, methods, information or licensees
accused, but not yet charged with a violation, such records shall include
evidence in any form received or compiled in connection with any such
investigation of the complaint or of the licensee by or on behalf of the board
by any investigating agent or agency; upon the completion of the investigation
or processing of the complaint, AND upon the decision of the board to dismiss
the complaint or to issue a notice of contemplated action, the confidentiality
privilege shall dissolve, and the records, documents or other evidence
pertaining to the complaint and to the investigation of the complaint shall be
available for public inspection; and
(5) any
other records excepted from disclosure pursuant to the Inspection of Public
Records Act.
C. Only
board members and employees may access non-public records unless approved by
the board chairman AND the board attorney.
D. Anyone
may examine all public records in the board's custody, provided the person
gives notice to the board administrator in accordance with the Inspection of
Public Records Act.
E. The
board may charge a reasonable fee to defray copying and mailing charges for
copies of public records, lists and labels, pursuant to the Inspection of
Public Records Act. The board administrator
is not obligated to create lists, labels or any other materials which are not
already in existence.
F. No
person shall be permitted to remove original documents from the board’s office,
except those in the possession of the board administrator that are needed at a
meeting of the board.]
16.64.1.10 ADVERTISING: 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;
[9/27/1990...9/26/1993, 1/22/1999; 16.64.1.10 NMAC - Rn & A, 16 NMAC 64.1.10, 9/15/2001; A, 11/1/2019]
16.64.1.11 DOCUMENTS AND CONTRACTS:
A. All official documents and contracts of any
establishment shall bear the signature of the [arranger(s), where
applicable, and 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 [arranger(s) and licensee] licensees. The following classification abbreviations
shall be allowed:
(1) FSP - funeral service practitioner;
(2) FSI - funeral service intern (– general);
(3) Arranger;
(4) Embalmer;
[(3)] (5) DD - direct
disposer.
B. Each establishment and crematory shall maintain copies of all official documents and contracts for funeral, direct disposition, cremation, and any other services rendered for services that fall within the scope of the license held pursuant to Section 61-32-1 et seq NMSA 1978., documents shall include, but are not limited to:
(1) contracts;
(2) authorizations; which shall
include names, dates and times of authorization as required by the authorizing
agents;
(3) permits;
(4) death certificates;
(5) embalming case reports; and
(6) cremations.
C. Each establishment shall maintain documentation with dates and times of all services rendered by the establishment, or on behalf of the establishment by the crematory or other subcontractors, up to and including final disposition.
D. Each establishment shall maintain copies of all official documents and contracts outlined in 16.16.1.11 NMAC at the establishment for a period of not less than seven years, and shall make such documents and contracts available for inspection by the board or it’s designee.
[5/15/1992...9/26/1993; 16.64.1.11 NMAC - Rn & A, 16 NMAC 64.1.11, 9/15/2001; A, 8/8/2012; A, 11/1/2019]
History of 16.64.1 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:
Regulation No. 1, Meeting Dates, 8/15/1988.
Regulation 1, Meeting Dates, 4/15/1991.
Reg. 1, Board Meetings, 8/27/1993.
Regulation No. 2, Forms of Certificates of Qualifications and Licenses, 8/15/1988.
Regulation 2, Forms of Certificates of Qualifications and Licenses, 4/15/1991.
Reg. 8, Certificates of Licensure, 8/27/1993.
Regulation No. 14, Inspection of Board Records, 8/28/1990.
Regulation 14, Inspection of Board Records, 4/15/1991.
Reg. 2, Inspection of Board Records, 8/27/1993.
Regulation 21, Documents and Contracts, 4/15/1992.
Reg. 19, Documents and Contracts, 8/27/1993.
History of Repealed Material: [RESERVED]