SENATE BILL 146

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO FUNERAL SERVICES; CREATING A FUNERAL SERVICE DIRECTOR LICENSE; DEFINING A FUNERAL SERVICE DIRECTOR'S SCOPE OF PRACTICE; REQUIRING AN APPRENTICESHIP.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-32-3 NMSA 1978 (being Laws 1993, Chapter 204, Section 3, as amended) is amended to read:

     "61-32-3. DEFINITIONS.--As used in the Funeral Services Act:

          A. "apprentice funeral service director" means a person learning to make arrangements for or direct funerals under the supervision of a funeral services practitioner at a funeral establishment or commercial establishment that is licensed pursuant to the Funeral Services Act;

          [A.] B. "board" means the board of funeral services;

          [B.] C. "committal service" means a service at a place of interment or entombment that follows a funeral conducted at another location;

          [C.] D. "cremains" means cremated remains;

          [D.] E. "cremation" means the reduction of a dead human body by direct flame to a residue, which includes bone fragments;

          [E.] F. "crematory" means every place or premises that is devoted to or used for cremation and pulverization of the cremains;

          [F.] G. "crematory authority" means the individual who is ultimately responsible for the operation of a crematory;

          [G.] H. "department" means the regulation and licensing department;

          [H.] I. "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;

          [I.] J. "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;

          [J.] K. "direct supervision" means that the supervising funeral service practitioner is physically present with and in direct control of the person being trained;

          [K.] L. "disposition" means the final disposal of a dead human body, whether it be by earth interment, above-ground 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;

          [L.] M. "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;

          [M.] N. "ennichement" means interment of cremains in a niche in a columbarium, whether in an urn or not;

          [N.] O. "entombment" means interment of a casketed body or cremains in a crypt in a mausoleum;

          [O.] P. "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;

          [P.] Q. "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;

          [Q.] R. "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 are directly placed, and excluding mausoleum crypts, interment enclosures preset in a cemetery and columbarium niches;

          S. "funeral service director" means a person licensed to make arrangements for or direct funerals at a funeral establishment or commercial establishment that is licensed pursuant to the Funeral Services Act;

          [R.] T. "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;

          [S.] U. "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;

          [T.] V. "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;

          [U.] W. "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;

          [V.] X. "graveside service" means a funeral held at the graveside only, excluding a committal service that follows a funeral conducted at another location;

          [W.] Y. "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;

          [X.] Z. "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;

          [Y.] AA. "make arrangements" means advising or counseling about specific details for a funeral, graveside service, committal service, memorial service, disposition or direct disposition;

          [Z.] BB. "memorial service" means a gathering of persons for recognition of a death without the presence of the body of the deceased;

          [AA.] CC. "practice of funeral service" means those activities allowed under the Funeral Services Act by a funeral service practitioner or funeral service intern; and

          [BB.] DD. "pulverization" means the process that reduces cremains to a granular substance."

     SECTION 2. A new section of the Funeral Services Act is enacted to read:

     "[NEW MATERIAL] REQUIREMENTS FOR LICENSURE--FUNERAL SERVICE DIRECTOR--SCOPE OF PRACTICE--LIMITATIONS--APPRENTICESHIP.--

          A. A license to practice as a funeral service director shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence that the person:

                (1) is at least eighteen years of age;

                (2) has graduated from high school or the equivalent;

                (3) has made at least fifty funeral arrangements and directed at least fifty funerals during an apprenticeship period of not less than twelve months under the supervision of a licensed funeral service practitioner; and

                (4) has not been convicted of a crime involving moral turpitude.

          B. A funeral service director does not have the rights and duties of a funeral service practitioner and is subordinate to the funeral service practitioner.

          C. A funeral service director may, under the general supervision of a funeral service practitioner:

                (1) make arrangements for a funeral, committal service, graveside service or memorial service;

                (2) direct a funeral, committal service, graveside service or memorial service; and

                (3) perform such other duties and services as directed by a funeral service practitioner, except for direct disposal services or other services requiring specialized training and experience.

          D. A funeral service director shall be employed by and receive training at only one establishment. The board may adopt rules that will allow training at more than one establishment under special circumstances.

          E. A funeral service director's change of employment shall be reported to the board in writing within thirty days of the change. A change of employment that is not reported shall cause the period worked at the new establishment not to count as time served toward completion of the apprenticeship. It is the responsibility of the funeral service director and the licensee in charge to report changes of employment.

          F. A funeral service director may be under the supervision of more than one funeral service practitioner at the establishment at which the funeral service director is employed; provided that the board has received notice in writing prior to any changes in supervision. The board may adopt rules specifying the maximum number of persons that may be supervised by a funeral service practitioner.

          G. An apprentice funeral service director shall report to the board quarterly, upon forms provided by the board, and shall:

                (1) show the work that has been completed during the preceding three months; and

                (2) submit proof of employment and supervision as required by board rules."

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