SB0407

SENATE BILL 407

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Elizabeth "Liz" Stefanics

AN ACT

RELATING TO NATURAL ORGANIC REDUCTION; PROVIDING FOR THE NATURAL ORGANIC REDUCTION OF A DEAD HUMAN BODY; ALLOWING FOR UNCLAIMED BODIES AND BODIES OF INDIGENT PERSONS TO BE REDUCED BY NATURAL ORGANIC REDUCTION; CREATING LICENSURE AND SCOPE OF PRACTICE REQUIREMENTS FOR NATURAL ORGANIC REDUCTION OPERATORS AND NATURAL ORGANIC REDUCTION FACILITIES; PROVIDING DISCIPLINARY PROCEEDINGS AND CRIMINAL PENALTIES.

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

SECTION 1. Section 24-12A-1 NMSA 1978 (being Laws 1993, Chapter 200, Section 1) is amended to read:

"24-12A-1. RIGHT TO AUTHORIZE CREMATION OR NATURAL ORGANIC REDUCTION--DEFINITIONS.--

A. Any adult individual may authorize [his] the individual's own cremation or natural organic reduction and the lawful disposition of [his] the individual's cremated or reduced remains by:

(1) stating [his] the desire to be cremated or reduced by natural organic reduction in a written statement that is signed by the individual and notarized or witnessed by two persons; or

(2) including an express statement in [his] the individual's will indicating that the testator desired that [his] the individual's remains be cremated or reduced by natural organic reduction upon [his] death.

B. A personal representative acting pursuant to a will or [Article 3 of] Chapter 45, Article 3 NMSA 1978 or a funeral establishment, a commercial establishment, a direct disposition establishment, [or a] crematory or a natural organic reduction facility shall comply with a statement made in conformance with the provisions of Subsection A of this section. A statement that conforms to the provisions of Subsection A of this section is authorization to a personal representative, funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural organic reduction facility that the remains of the decedent are to be cremated or reduced by natural organic reduction. Statements dated prior to the effective date of this 2023 act are to be given effect if they meet the requirements of Subsection A of this section.

C. A personal representative, funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural organic reduction facility acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.

D. No funeral establishment, commercial establishment, direct disposition establishment, crematory or natural reduction facility or employee of a funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural reduction facility or other person that relies in good faith on a statement written pursuant to this section shall be subject to liability for cremating or reducing the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent.

E. As used in this section:

(1) "commercial establishment" means an office, premises or place of business that provides for the practice of funeral service or direct disposition services exclusively to licensed funeral or direct disposition establishments;

(2) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; [and]

(3) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without 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;

(4) "natural organic reduction" means the contained, accelerated conversion of human remains to soil;

(5) "natural organic reduction facility" means the structure, room or other dedicated space in a building where natural organic reduction of a human body occurs; and

(6) "reduced remains" means the soil that remains after a dead human body has gone through the natural organic reduction process."

SECTION 2. Section 24-12A-3 NMSA 1978 (being Laws 1999, Chapter 241, Section 3) is amended to read:

"24-12A-3. UNCLAIMED BODIES AND BODIES OF INDIGENT PERSONS--CREMATION AND NATURAL ORGANIC REDUCTION PERMITTED.--The body of an unclaimed decedent or an indigent person, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated or reduced by natural organic reduction upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation or natural organic reduction. Absent a showing of bad faith or malicious intent, the official ordering the cremation or natural organic reduction and the person or establishment carrying out the cremation or natural organic reduction shall be immune from liability related to the cremation or natural organic reduction."

SECTION 3. Section 24-13-1 NMSA 1978 (being Laws 1939, Chapter 224, Section 1, as amended) is amended to read:

"24-13-1. BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION OF UNCLAIMED DECEDENTS AND OF INDIGENTS.--For the purposes of Chapter 24, Article 13 NMSA 1978, a dead person whose body has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of the board of county commissioners of each county in this state to cause to be decently interred, [or] cremated or reduced by natural organic reduction the body of any unclaimed decedent or indigent person. The county shall ensure that the body is buried, [or] cremated or reduced by natural organic reduction no later than thirty days after a determination has been made that the body has not been claimed, but no less than two weeks after death. If the body is cremated or reduced by natural organic reduction, the county shall ensure that the cremated or reduced remains are retained and stored for no less than two years in a manner that allows for identification of the remains. After the expiration of two years, the cremated or reduced remains may be disposed of, provided the county retains a record of the place and manner of disposition for not less than five years after such disposition."

SECTION 4. Section 24-13-2 NMSA 1978 (being Laws 1939, Chapter 224, Section 2, as amended) is amended to read:

"24-13-2. PERSONS DEEMED INDIGENT.--A deceased person shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if [his] the deceased person's estate is insufficient to cover the cost of burial, [or] cremation or natural organic reduction."

SECTION 5. Section 24-13-3 NMSA 1978 (being Laws 1939, Chapter 224, Section 3, as amended) is amended to read:

"24-13-3. EXPENSES FOR BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION.--If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation, [or] burial or natural organic reduction, invoices for the expenses shall be forwarded to such person or official authorized by law to be appointed administrator of the estate of the decedent, and such person or official shall pay the expenses out of the decedent's estate. To the extent that the deceased person is indigent, the burial, [or] cremation or natural organic reduction expenses shall be borne by the county of residence of the deceased person. If the county of residence of the deceased person is not known, the burial, [or] cremation or natural organic reduction expenses shall be borne by the county in which the body was found. The burial, [or] cremation or natural organic reduction expenses may be paid by the county out of the general fund or the [county indigent hospital claims] health care assistance fund in an amount up to six hundred dollars ($600) for the burial, [or] cremation or natural organic reduction of any adult or minor."

SECTION 6. Section 24-13-4 NMSA 1978 (being Laws 1939, Chapter 224, Section 4, as amended) is amended to read:

"24-13-4. BURIAL AFTER INVESTIGATION--COST OF OPENING AND CLOSING GRAVE.--The board of county commissioners after proper investigation shall cause any deceased indigent or unclaimed decedent to be decently interred, [or] cremated or reduced by natural organic reduction. The cost to be paid by the county of opening and closing a grave shall not exceed six hundred dollars ($600), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978."

SECTION 7. Section 24-13-5 NMSA 1978 (being Laws 1939, Chapter 224, Section 5, as amended) is amended to read:

"24-13-5. PAYMENT OF BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION EXPENSES--COMMISSIONERS' LIABILITY.--The board of county commissioners of any county within this state may authorize payment for the burial, [or] cremation or natural organic reduction of an indigent person, as defined in Section 24-13-2 NMSA 1978 or of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978. All available assets of the deceased shall be used to reimburse the county for the cost of burial, [or] cremation or natural organic reduction. Should the county be required to pay expenses for burial, [or] cremation or natural organic reduction of an unclaimed decedent who has left an estate, the estate shall reimburse the county for those expenses. The county commissioners shall be liable either personally or officially to the county they represent in double the amount they have paid toward the burial, [or] cremation or natural organic reduction of a person other than as authorized by this section."

SECTION 8. Section 24-13-6 NMSA 1978 (being Laws 1939, Chapter 224, Section 6, as amended) is amended to read:

"24-13-6. MONEY FROM RELATIVES--DUTY OF FUNERAL DIRECTOR.--Should any funeral director or other person allowed by law to conduct the business of a funeral director accept money from the relatives or friend of a deceased person whom the board of county commissioners has determined to be an indigent or an unclaimed decedent, the funeral director shall immediately notify the board of county commissioners of the payment or offer for payment, and the board of county commissioners shall not thereafter pay for the burial, [or] cremation or natural organic reduction involved, or, if the board of county commissioners has already paid for the burial, [or] cremation or natural organic reduction, the funeral director shall immediately refund the money paid to [him] the funeral director by the board of county commissioners for the burial, [or] cremation or natural organic reduction."

SECTION 9. Section 24-13-7 NMSA 1978 (being Laws 1939, Chapter 224, Section 7, as amended) is amended to read:

"24-13-7. FAILURE TO NOTIFY--FUNERAL DIRECTOR'S LIABILITY.--If any funeral director or other person authorized by law to conduct the business of a funeral director receives or contracts to receive any money or thing of value from relatives or friends of a deceased alleged indigent or unclaimed decedent whose burial, [or] cremation or natural organic reduction expenses are paid or to be paid by the board of county commissioners and fails to notify the board of county commissioners of that fact, the funeral director or other person authorized by law to conduct the business of a funeral director shall be liable to the county in an amount double the amount paid or to be paid by the board of county commissioners of that county."

SECTION 10. 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. "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. "cremains" means cremated remains;

D. "cremation" means the reduction of a dead human body by direct flame to a residue that includes bone fragments;

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

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

G. "department" means the regulation and licensing department;

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

K. "disposition" means the final disposal of a dead human body, whether it be by earth interment, above-ground interment or entombment, cremation, natural organic reduction, 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. "embalmer" means a person licensed to engage in embalming and preparing a dead human body for funeral service at a funeral establishment that is licensed pursuant to the Funeral Services Act;

M. "embalming" means the disinfection, preservation and restoration, when possible, of a dead human body by a licensed funeral service practitioner, licensed embalmer or a licensed funeral service intern under the supervision of a licensed funeral service practitioner;

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

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

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;

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;

R. "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;

S. "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;

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;

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;

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;

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;

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

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;

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;

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

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

CC. "natural organic reduction" means the contained, accelerated conversion of human remains to soil;

DD. "natural organic reduction authority" means the individual who is ultimately responsible for the operation of a natural organic reduction facility;

EE. "natural organic reduction facility" means the structure, room or other dedicated space in a building where natural organic reduction of a human body occurs;

FF. "natural organic reduction operator" means a person licensed to engage in reducing a dead human body by natural organic reduction that is licensed pursuant to the Funeral Services Act;

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

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

II. "reduced remains" means the soil that remains after a dead human body has gone through the natural organic reduction process."

SECTION 11. Section 61-32-4 NMSA 1978 (being Laws 1993, Chapter 204, Section 4, as amended) is amended to read:

"61-32-4. LICENSE REQUIRED.--

A. Unless licensed to practice under the Funeral Services Act, a person shall not:

(1) practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern, [or] direct disposer or natural organic reduction operator;

(2) use the title or make any representation as being a funeral service practitioner, funeral arranger, embalmer, funeral service intern, [or] direct disposer or natural organic reduction operator or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice as a funeral service practitioner, funeral arranger, embalmer, funeral service intern, [or] direct disposer or natural organic reduction operator; or

(3) maintain, manage or operate a funeral establishment, a commercial establishment, a direct disposition establishment, [or] a crematory or a natural organic reduction facility.

B. A person who engages in the practice or acts in the capacity of a funeral service practitioner, funeral arranger, embalmer, funeral service intern, [or] direct disposer or natural organic reduction operator in this state, with or without a New Mexico license, is subject to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of a provision of the Funeral Services Act.

C. A person who maintains, manages or operates a funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural organic reduction facility in this state, with or without a New Mexico establishment, [or] crematory [license] or natural organic reduction facility license, is subject to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of a provision of the Funeral Services Act."

SECTION 12. Section 61-32-8 NMSA 1978 (being Laws 1993, Chapter 204, Section 8, as amended) is amended to read:

"61-32-8. INSPECTION--ACCESS--COUNSEL.--

A. Inspection of establishments, [and] crematories and natural organic reduction facilities, 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 or natural organic reduction facility 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 or natural organic reduction facility licensed pursuant to the Funeral Services Act. Payment for the services shall be by the board."

SECTION 13. Section 61-32-9 NMSA 1978 (being Laws 1993, Chapter 204, Section 9, as amended) is amended to read:

"61-32-9. REQUIREMENTS FOR LICENSURE--FUNERAL SERVICE PRACTITIONER--FUNERAL ARRANGER--EMBALMER--FUNERAL SERVICE INTERN--DIRECT DISPOSER--NATURAL ORGANIC REDUCTION OPERATOR--CONVERSION OF CERTAIN LICENSES-- TEMPORARY LICENSES.--

A. A license to practice as a funeral service practitioner 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 served as a licensed funeral service intern for not less than twelve months, under the supervision of a licensed funeral service practitioner. During the training period, the applicant shall have assisted in the embalming of at least fifty bodies, making of at least fifty funeral arrangements and the directing of at least fifty funerals;

(3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;

(4) has successfully completed both the arts and science sections of the national board examination administered by the international conference of funeral service examining boards;

(5) has not been convicted of unprofessional conduct or incompetency; and

(6) has obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education recognized by the United States government.

B. A license to practice as a funeral arranger 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 served as a licensed funeral service intern for not less than twelve months, under the supervision of a licensed funeral service practitioner. During the training period, the applicant shall have assisted in the making of at least fifty funeral arrangements and the directing of at least fifty funerals;

(3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;

(4) has successfully completed the arts section of the national board examination administered by the international conference of funeral service examining boards;

(5) has not been convicted of unprofessional conduct or incompetency; and

C. A license to practice as an embalmer 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;

(3) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules;

(4) has successfully completed the science section of the national board examination administered by the international conference of funeral service examining boards;

(5) has not been convicted of unprofessional conduct or incompetency; and

D. A license to practice as a funeral service intern 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 submitted proof of employment and supervision as required by board rules. Except as may be allowed by board rule, a license as a funeral service intern is issued only for a specific funeral establishment or an establishment that is part of a multi-establishment enterprise;

(4) has successfully completed an examination, including a jurisprudence examination, prescribed by board rules; and

(5) has not been convicted of unprofessional conduct or incompetency.

E. A license to practice as a direct disposer 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 obtained an associate's degree in funeral science requiring the completion of at least sixty semester hours from an institution whose funeral program is accredited by the American board of funeral service education or any other successor institution offering funeral service education and recognized by the United States government;

(3) has successfully completed any examination, including a jurisprudence examination, prescribed by board rules; and

(4) has not been convicted of unprofessional conduct or incompetency.

F. A license to practice as a natural organic reduction operator 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 successfully completed an examination, including a jurisprudence examination, prescribed by board rules;

(4) has completed operator equipment training provided by the manufacturer or other board approved provider for the equipment used to perform natural organic reduction; and

(5) has not been convicted of unprofessional conduct or incompetency.

[F.] G. On and after July 1, 2012, the board shall not issue a new license that was formerly designated an "assistant funeral services practitioner" or "associate funeral services practitioner" license under a version of the Funeral Services Act in effect on June 30, 2012. A person holding one of these licenses that is valid as of June 30, 2012 shall be considered as holding a valid, renewable funeral services intern license subject to the general supervision of a licensed funeral services practitioner pursuant to the Funeral Services Act.

[G.] H. The board may adopt by rule requirements for issuing a temporary license that will be valid until the next scheduled board meeting."

SECTION 14. Section 61-32-11 NMSA 1978 (being Laws 1993, Chapter 204, Section 11, as amended) is amended to read:

"61-32-11. LICENSURE OF ESTABLISHMENTS--FUNERAL ESTABLISHMENTS--COMMERCIAL ESTABLISHMENTS--DIRECT DISPOSITION ESTABLISHMENTS--CREMATORIES--NATURAL ORGANIC REDUCTION FACILITIES.--

A. Funeral establishment licenses shall only be granted under the following terms and conditions:

(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

(2) the establishment shall be maintained at a specific location primarily devoted to the practice of funeral service and shall comply with the following minimum requirements:

(a) a chapel shall be present in which funerals may be conducted;

(b) a display room shall be present for displaying caskets and other funeral merchandise; and

(c) a preparation room shall be present with necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition or transportation; and

(3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

B. Commercial establishment licenses shall only be granted under the following terms and conditions:

(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

(2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a commercial establishment and shall comply with the following minimum requirements:

(a) a preparation room shall be present with the necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition and transportation; and

(b) an office shall be present for conducting business; and

(3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

C. Direct disposition establishment licenses shall only be granted under the following terms and conditions:

(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

(2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a direct disposer and shall comply with the following minimum requirements:

(a) a room shall be present with necessary drainage and ventilation for housing a refrigeration unit;

(b) a refrigeration unit, thermodynamically controlled with a minimum storage area of twelve and one-half cubic feet per body, shall be present for sheltering of dead human bodies prior to burial or other disposition or transportation;

(d) necessary supplies for safely handling unembalmed dead human bodies; and

(e) if funeral merchandise is made available, a display room shall be present for displaying caskets and other funeral merchandise; and

(3) no license shall be issued or renewed by the board unless the establishment is in compliance with the Funeral Services Act and board rules.

D. Crematory licenses shall only be granted under the following terms and conditions:

(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

(2) the crematory shall be maintained at a specific location, including a funeral, commercial or direct disposition establishment, primarily devoted to the practice allowed for a crematory and shall comply with the following minimum requirements:

(a) a room shall be present with necessary ventilation for housing a cremation retort;

(b) a cremation retort shall be present for cremating dead human bodies; and

(3) no license shall be issued or renewed by the board unless the crematory is in compliance with the Funeral Services Act and board rules.

E. Natural organic reduction facility licenses shall only be granted under the following terms and conditions:

(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;

(2) the natural organic reduction facility shall be maintained at a specific location, including a funeral, commercial or direct disposition establishment, primarily devoted to the practice allowed for a natural organic reduction facility and shall comply with the following minimum requirements:

(a) a room shall be present with necessary equipment for the natural organic reduction of an unembalmed dead human body;

(b) a room shall be present for the processing and storage of the reduced remains; and

(3) no license shall be issued or renewed by the board unless the natural organic reduction facility is in compliance with the Funeral Services Act and board rules.

[E.] F. The board may adopt by rule additional requirements in the interest of public health, safety and welfare."

SECTION 15. Section 61-32-12 NMSA 1978 (being Laws 1993, Chapter 204, Section 12) is amended to read:

"61-32-12. LICENSE--DISPLAY OF LICENSE.--

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 or natural organic reduction facility in a conspicuous place."

SECTION 16. Section 61-32-18 NMSA 1978 (being Laws 1993, Chapter 204, Section 18, as amended) is amended to read:

"61-32-18. COMMERCIAL ESTABLISHMENTS--SCOPE OF PRACTICE-- LIMITATIONS.--

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 or natural organic reduction;

(b) embalm;

(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:

(b) embalm only when embalming is required by the place of disposition; and

(3) when acting under the direction of a school of medicine, the commercial establishment may:

(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."

SECTION 17. A new section of the Funeral Services Act is enacted to read:

"[NEW MATERIAL] NATURAL ORGANIC REDUCTION--REQUIREMENTS--RIGHT TO AUTHORIZE NATURAL ORGANIC REDUCTION--DISPOSITION OF REDUCED REMAINS.--

A. No natural organic reduction shall be performed until all necessary documentation is obtained authorizing the natural organic reduction.

B. An adult person may authorize the person's own natural organic reduction and the lawful disposition of the person's reduced remains by:

(1) stating the person's desire to be reduced by natural organic reduction in a written statement that is signed by the person and notarized or witnessed by two other persons; or

(2) including an express statement in the person's will indicating that the testator desired that the testator's remains be reduced by natural organic reduction upon the testator's death.

C. A personal representative acting pursuant to the Uniform Probate Code or an establishment or natural organic reduction facility shall comply with a statement made in accordance with the provisions of this section. A statement that conforms to the provisions of this section authorizes a personal representative, establishment or natural organic reduction facility to reduce a decedent's remains by natural organic reduction, and the permission of next of kin or any other person shall not be required for such authorization.

D. A personal representative, establishment or natural organic reduction facility acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.

E. No establishment, natural organic reduction facility or employee of an establishment or natural organic reduction facility or other person that relies in good faith on a statement written pursuant to this section shall be subject to liability for reducing a decedent's remains by natural organic reduction in accordance with the provisions of this section. The written authorization is a complete defense to a cause of action by a person against any other person acting in accordance with that authorization.

F. If a decedent has left no written instructions regarding the disposition of the decedent's remains, the following persons in the order listed shall determine the means of disposition, not to be limited to natural organic reduction, of the remains of the decedent:

(1) the surviving spouse;

(2) a majority of the surviving adult children of the decedent;

(3) the surviving parents of the decedent;

(4) a majority of the surviving siblings of the decedent;

(5) an adult person who has exhibited special care and concern for the decedent, who is aware of the decedent's views and desires regarding the disposition of the decedent's body and who is willing and able to make a decision about the disposition of the decedent's body; or

(6) the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent.

G. A licensed establishment or natural organic reduction facility shall keep an accurate record of all reductions by natural organic reduction performed and the place of disposition of the reduced remains for a period of not less than seven years.

H. Reduced remains may be disposed of by any licensed establishment, natural organic reduction authority or person having the right to control the disposition of the reduced remains, or that person's agent, in a lawful manner.

I. Legal forms for natural organic reduction authorization shall provide that persons giving the authorization will hold harmless an establishment from any liability for disposing of unclaimed reduced remains in a lawful manner after a period of ninety days following the return of the reduced remains to the establishment."

SECTION 18. A new section of the Funeral Services Act is enacted to read:

"[NEW MATERIAL] NATURAL ORGANIC REDUCTION FACILITY--SCOPE OF PRACTICE--LIMITATIONS.--

A. The scope of practice of a natural organic reduction facility and its natural organic reduction authority is limited to reduction of dead human bodies by natural organic reduction. A natural organic reduction facility and its natural organic reduction authority shall act as an agent of licensed funeral, commercial or direct disposition establishments and schools of medicine. A natural organic reduction facility and its natural organic reduction authority may:

(1) engage in transportation of dead human bodies to the natural organic reduction facility; and

(2) reduce dead human bodies by natural organic reduction.

B. After completion of the natural organic reduction process, if a natural organic reduction facility and its natural organic reduction authority have not been instructed by its agent to return the reduced remains to the person that initiated the natural organic reduction services contract, the natural organic reduction authority shall return, or cause to be returned, the reduced remains to the establishment no later than thirty days after the date of natural organic reduction.

C. A natural organic reduction facility and its natural organic reduction authority shall maintain a system or process that ensures that any dead human body in the natural organic reduction facility's possession can be specifically identified throughout all phases of the natural organic reduction process.

D. A natural organic reduction facility shall keep an accurate record of all decedents reduced by natural organic reduction for a period of not less than seven years.

E. The natural organic reduction facility and its natural organic reduction authority shall certify to the board that the natural organic reduction facility will not exceed the scope of practice allowed by law.

F. A licensed natural organic reduction facility shall not engage in any activity not specifically permitted in this section."

SECTION 19. Section 61-32-24 NMSA 1978 (being Laws 1993, Chapter 204, Section 24, as amended) is amended to read:

"61-32-24. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.--

A. The board, in accordance with the procedures set forth in the Uniform Licensing Act, may take disciplinary action against any licensee, temporary licensee or applicant.

B. The board has the authority to take any action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that the applicant or licensee is guilty of any of the following acts of commission or omission:

(1) conviction of an offense punishable by incarceration in a state penitentiary or federal prison; provided that the board receives a copy of the record of conviction, certified to by the clerk of the court entering the conviction, which shall be conclusive evidence of the conviction;

(2) fraud or deceit in procuring or attempting to procure a license;

(3) gross negligence or incompetence;

(4) unprofessional or dishonorable conduct, which includes:

(a) misrepresentation or fraud;

(b) false or misleading advertising;

(c) solicitation of dead human bodies by the licensee or the licensee's agents, assistants or employees, whether the solicitation occurs after death or while death is impending; provided that this shall not be deemed to prohibit general advertising;

(d) solicitation or acceptance by a licensee of a commission, bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in a cemetery, mausoleum, [or] crematory or natural organic reduction facility;

(e) using any funeral merchandise previously purchased, in whole or in part, except for transportation purposes, without prior written permission of the person selecting or paying for the use of the merchandise; and

(f) failing to make disposition of a dead human body in the enclosure or container that was purchased for that purpose by the arrangers;

(5) violation of the provisions of the Funeral Services Act or a rule of the board;

(6) violation of any local, state or federal ordinance, law or regulation affecting the practice of funeral service, direct disposition, [or] cremation or natural organic reduction, including the Prearranged Funeral Plan Regulatory Law or any regulations ordered by the superintendent of insurance;

(7) willful or negligent practice beyond the scope of the license issued by the board;

(8) refusing to release properly a dead human body to the custody of the person or entity who has the legal right to effect the release, whether or not the authorized cost has been paid. If an establishment receives a dead human body for funeral services but the body is subsequently transferred to another establishment that completes or performs funeral services, the subsequent establishment shall be responsible for all reasonable nonprofessional service charges incurred by the next previous establishment prior to and including transfer of the body and the subsequent establishment shall reimburse the next previous establishment for those charges;

(9) failure to secure a necessary permit required by law for removal from this state, [or] cremation or the natural organic reduction of a dead human body;

(10) knowingly making a false statement on a certificate of death;

(11) failure to give full cooperation to the board or one of its committees, staff, inspectors or agents or an attorney for the board in the performance of official duties;

(12) having had a license, certificate or registration to practice revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for actions of the licensee or applicant similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking the disciplinary action is conclusive evidence of the violation;

(13) failure to supervise adequately subordinate personnel;

(14) conduct unbecoming a licensee or detrimental to the safety or welfare of the public;

(15) employing fraudulent billing practices; or

(16) practicing funeral service, [or] cremation or natural organic reduction without a current license.

C. In addition to the offenses listed in Subsection B of this section, the board has the authority to take any action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that a person who is licensed as or is an applicant for a license as a funeral service practitioner, embalmer, funeral arranger or funeral service intern is guilty of any of the following acts of commission or omission:

(1) practicing funeral service without a license or aiding or abetting an unlicensed person to practice funeral service; or

(2) permitting a funeral service intern to exceed the limitations set forth in the provisions of the Funeral Services Act or the rules of the board.

D. In addition to the offenses listed in Subsection B of this section, the board has the authority to take any action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that a direct disposer licensee or a direct disposition establishment licensee is guilty of any of the following acts of commission or omission:

(1) embalming, restoring, acting as a cosmetician or in any way altering the condition of a dead human body, except for washing and dressing;

(2) causing a body to be embalmed when embalming is not required by a place of disposition;

(3) prior to interment, entombment or other final disposition of a dead human body, participating in any rites or ceremonies in connection with such final disposition of the body, or providing facilities for any such rites or ceremonies;

(4) reclaiming, transporting or causing to be transported a dead human body after written release for disposition; or

(5) practicing direct disposition without a license or aiding or abetting an unlicensed person to practice direct disposition.

E. In addition to the offenses listed in Subsection B of this section, the board has the authority to take any action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that a crematory or natural organic reduction facility licensee or applicant, or a crematory authority or a natural organic reduction authority is guilty of any of the following acts of commission or omission:

(1) engaging or making any representation as engaging in the practice of funeral service or direct disposition, unless the applicant, [or] crematory authority or natural organic reduction authority has a license to practice funeral service or direct disposition;

(2) operating a crematory or natural organic reduction facility without a license or aiding and abetting a crematory or natural organic reduction facility to operate without a license; or

(3) engaging in conduct or activities for which a license to engage in the practice of funeral service or direct disposition is required or aiding and abetting an unlicensed person to engage in conduct or activities for which a license to practice funeral service or direct disposition is required.

F. Unless exonerated by the board, persons who have been subjected to formal disciplinary sanctions by the board shall be responsible for the payment of costs of the disciplinary proceedings, which include costs for:

(1) court reporters;

(2) transcripts;

(3) certification or notarization;

(4) photocopies;

(5) witness attendance and mileage fees;

(6) postage for mailings required by law;

(7) expert witnesses; and

(8) depositions.

G. All fees, fines and costs imposed on an applicant, licensee, establishment, [or] crematory or natural organic reduction facility shall be paid in full to the board before an initial or renewal license may be issued."

SECTION 20. Section 61-32-30 NMSA 1978 (being Laws 1993, Chapter 204, Section 30, as amended) is amended to read:

"61-32-30. CRIMINAL PENALTIES.--A person who commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year, or both:

A. violation of any provision of the Funeral Services Act;

B. rendering or offering to render funeral services, direct disposition services, [or] cremation services or natural organic reduction services without a current valid license issued pursuant to the Funeral Services Act; or

C. advertising or using any designation, diploma or certificate tending to imply that the person is a practitioner of funeral services, direct disposition services, [or] cremation services or natural organic reduction services without a current valid license issued pursuant to the Funeral Services Act."

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