0001| HOUSE BILL 667
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| HENRY KIKI SAAVEDRA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LICENSURE; AMENDING THE THANATOPRACTICE ACT.
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0012|
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0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0014| Section 1. Section 61-32-3 NMSA 1978 (being Laws 1993,
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0015| Chapter 204, Section 3, as amended) is amended to read:
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0016| "61-32-3. DEFINITIONS.--As used in the Thanatopractice
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0017| Act:
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0018| A. "assistant funeral service practitioner" means a
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0019| person licensed to engage in practice at a funeral
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0020| establishment or a commercial establishment, licensed pursuant
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0021| to the Thanatopractice Act, as an assistant funeral service
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0022| practitioner as provided in [the Thanatopractice] that act;
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0023| B. "associate funeral service practitioner" means a
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0024| person licensed to engage in practice at a funeral
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0025| establishment or a commercial establishment, licensed pursuant
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0001| to the Thanatopractice Act, as an associate funeral service
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0002| practitioner as provided in [the Thanatopractice] that act;
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0003| C. "board" means the board of thanatopractice;
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0004| D. "cremains" means cremated remains;
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0005| E. "cremation" means the reduction of a dead human
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0006| body by direct flame to a residue, which may include bone
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0007| fragments;
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0008| F. "crematory" means every place or premises that
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0009| is devoted to or used for cremation and pulverization of the
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0010| cremains;
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0011| G. "crematory authority" means the individual who
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0012| is ultimately responsible for the operation of a crematory;
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0013| H. "committal service" means a service at any site
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0014| that follows a funeral conducted at another location;
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0015| [H.] I. "department" means the regulation and
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0016| licensing department;
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0017| [I.] J. "direct disposer" means a person
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0018| licensed to engage at a direct disposition establishment,
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0019| licensed pursuant to the Thanatopractice Act, solely in
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0020| providing direct disposition as provided in [the
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Thanatopractice] that act;
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0022| [J.] K. "direct disposition" means only the
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0023| disposition of a dead human body as quickly as possible
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0024| [without a funeral, graveside service, committal service or
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memorial service, whether public or private, and] without
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0001| embalming of the body unless embalming is required by the place
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0002| of disposition, and does not include, prior to interment,
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0003| entombment or other final disposition of the body,
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0004| participation in any rites or ceremonies in connection with the
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0005| final disposition of the body or provision of facilities for
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0006| such rites or ceremonies;
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0007| [K.] L. "direct supervision" means the
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0008| supervisor is physically present with and in control of the
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0009| person being supervised;
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0010| [L.] M. "disposition" means the final disposal
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0011| of a dead human body, whether it be by earth interment,
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0012| above-ground interment or entombment, cremation, burial at sea
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0013| or delivery to a medical school, when the medical school
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0014| assumes complete responsibility for the disposal of the body
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0015| following medical study, or release of custody of the body to
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0016| the family or personal representative or other legal
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0017| representative;
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0018| [M.] N. "embalming" means the disinfection,
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0019| preservation and restoration, when possible, of a dead human
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0020| body by a licensed funeral service practitioner, a licensed
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0021| associate funeral service practitioner, a licensed assistant
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0022| funeral service practitioner or a licensed funeral service
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0023| intern under the supervision of a licensed funeral service
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0024| practitioner;
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0025| [N.] O. "establishment" means every office,
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0001| premises or place of business where the practice of funeral
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0002| service or direct disposition is conducted or advertised as
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0003| being conducted and includes commercial establishments that
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0004| provide for the practice of funeral service or direct
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0005| disposition services exclusively to licensed funeral or direct
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0006| disposition establishments or a school of medicine;
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0007| [O.] P. "funeral" means a period following
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0008| death in which there is an organized, purposeful, time-limited,
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0009| group-centered ceremony or rite, whether religious or not, with
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0010| the body of the deceased present;
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0011| [P.] Q. "funeral merchandise" means that
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0012| personal property offered for sale in connection with the
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0013| transportation, funeralization or disposition of a dead human
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0014| body, including the enclosure into which a dead human body is
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0015| directly placed, and excluding mausoleum crypts and interment
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0016| enclosures preset in a cemetery and columbarium niches;
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0017| [Q.] R. "funeral service intern" means a person
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0018| licensed [pursuant to the Thanatopractice Act who is] to be
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0019| in training at a funeral establishment or a commercial
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0020| establishment, licensed pursuant to the Thanatopractice Act,
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0021| for the practice of funeral service under the supervision and
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0022| instruction of a funeral service practitioner as provided in
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0023| that act;
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0024| [R.] S. "funeral service practitioner" means a
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0025| person licensed [by the board] to engage in [the] practice
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0001| [of funeral service] at a funeral establishment or
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0002| commercial establishment, licensed pursuant to the
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0003| Thanatopractice Act, as a funeral service practitioner who may
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0004| provide shelter, care and custody of human dead; prepare human
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0005| dead by embalming or other methods for disposition; transport
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0006| human dead, bereaved relatives and friends; make arrangements,
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0007| financial or otherwise, to provide for a funeral or the sale of
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0008| funeral merchandise; and perform other funeral directing or
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0009| embalming practices, as provided in that act;
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0010| [S.] T. "general supervision" means the
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0011| supervisor is not necessarily physically present with the
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0012| person being supervised, but is available for advice and
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0013| assistance;
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0014| [T.] U. "graveside service" means a funeral
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0015| held at the graveside only, excluding a committal service that
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0016| follows a funeral conducted at another location;
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0017| [U.] V. "jurisprudence examination" means an
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0018| examination prescribed [and graded] by the board on the
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0019| statutes, rules and regulations pertaining to the practice of
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0020| funeral service or direct disposition, including the
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0021| Thanatopractice Act, the rules of the board, state health
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0022| regulations governing human remains and the Vital Statistics
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0023| Act;
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0024| [V.] W. "licensee in charge" means a funeral
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0025| service practitioner who is ultimately responsible for the
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0001| conduct of a funeral or commercial establishment and its
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0002| employees or a direct disposer who is ultimately responsible
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0003| for the conduct of a direct disposition establishment and its
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0004| employees;
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0005| [W.] X. "make arrangements" means advising or
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0006| counseling about specific details for a funeral, graveside
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0007| service, committal service, memorial service, disposition or
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0008| direct disposition;
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0009| [X.] Y. "memorial service" means a gathering of
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0010| persons for recognition of a death without the presence of the
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0011| body of the deceased;
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0012| [Y.] Z. "practice of funeral service" means
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0013| those activities allowed under the Thanatopractice Act by a
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0014| funeral service practitioner, associate funeral service
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0015| practitioner, assistant funeral service practitioner or a
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0016| funeral service intern;
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0017| [Z.] AA. "pulverization" means the process that
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0018| reduces cremains to a granular substance; and
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0019| [AA.] BB. "thanatopractice" means those
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0020| immediate [post-dead] post-death activities related to the
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0021| dead human body, its care and disposition, whether with or
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0022| without rites or ceremonies, but not including disposition of
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0023| the body by a school of medicine following medical study."
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0024| Section 2. Section 61-32-5 NMSA 1978 (being Laws 1993,
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0025| Chapter 204, Section 5) is amended to read:
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0001| "61-32-5. BOARD CREATED.--
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0002| A. There is created the "board of thanatopractice".
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0003| B. The board is administratively attached to the
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0004| department.
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0005| C. The board consists of six members. Three
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0006| members shall be funeral service practitioners who have been
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0007| licensed in the state for at least five years; two members
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0008| shall represent the public and shall not have been licensed for
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0009| the practice of funeral service or direct disposition in this
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0010| state or any other jurisdiction and shall not ever have had any
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0011| financial interest, direct or indirect, in any funeral,
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0012| commercial or direct disposition establishment or crematory;
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0013| and one member shall be a licensed direct disposer or health
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0014| care practitioner who has been licensed in the state for at
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0015| least five years.
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0016| D. Members of the board shall be appointed by the
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0017| governor for staggered terms of four years [except that
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members of the board appointed and serving under prior law at
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the effective date of the Thanatopractice Act shall serve out
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the terms for which they were appointed as members of the board
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created by this section]. Each member shall hold office until
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0022| his successor is duly qualified and appointed. Vacancies shall
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0023| be filled for any unexpired term in the same manner as original
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0024| appointments.
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0025| E. Members of the board shall be reimbursed as
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0001| provided in the Per Diem and Mileage Act and shall receive no
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0002| other compensation, perquisite or allowance.
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0003| F. A simple majority of the board members currently
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0004| serving constitutes a quorum.
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0005| G. The board shall hold at least two regular
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0006| meetings each year and shall meet at such other times as it
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0007| deems necessary.
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0008| H. No board member shall serve more than two full
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0009| consecutive terms [and any member failing to attend, after
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proper notice, three meetings shall automatically be
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recommended for removal as a board member unless excused for
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reasons set forth in board regulations]. The board shall
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0013| recommend to the governor removal of any board member who has
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0014| three unexcused absences from properly noticed meetings within
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0015| a twelve-month period and may recommend removal of a board
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0016| member for any other just cause.
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0017| I. The board shall elect a chairman and other
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0018| officers as deemed necessary to administer its duties."
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0019| Section 3. Section 61-32-8 NMSA 1978 (being Laws 1993,
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0020| Chapter 204, Section 8) is amended to read:
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0021| "61-32-8. INSPECTION--ACCESS--COUNSEL.--
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0022| A. Inspection of establishments and crematories,
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0023| including all records, financial or otherwise, is authorized
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0024| during regular business hours [or through prior arrangement].
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0025| Acceptance of a license shall include permission for the board
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0001| or its designee to enter the premises without legal process.
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0002| B. Each establishment or crematory shall provide a
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0003| physical address at which it maintains business records
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0004| required by law and at which inspections of those records may
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0005| occur.
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0006| [B.] C. The board shall be represented by the
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0007| attorney general. The board may employ special counsel, whose
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0008| services shall be paid by the board [upon the approval of the
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attorney general]."
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0010| Section 4. Section 61-32-10 NMSA 1978 (being Laws 1993,
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0011| Chapter 204, Section 10) is amended to read:
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0012| "61-32-10. LICENSURE BY CREDENTIALS.--After successful
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0013| completion of a jurisprudence examination, the board may
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0014| license an applicant as a funeral service practitioner,
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0015| provided the applicant possesses a valid license or its
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0016| equivalent for the practice of funeral service issued by the
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0017| appropriate examining board under the laws of any other state
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0018| or territory of the United States, the District of Columbia or
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0019| any foreign nation, and provided the applicant has met
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0020| educational requirements substantially equivalent to or
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0021| exceeding those established pursuant to the Thanatopractice Act
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0022| or has [at least five consecutive years experience] actively
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0023| practiced five out of the last seven years in another state or
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0024| territory as a licensed funeral service practitioner or its
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0025| equivalent."
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0001| Section 5. Section 61-32-13 NMSA 1978 (being Laws 1993,
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0002| Chapter 204, Section 13) is amended to read:
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0003| "61-32-13. ESTABLISHMENTS--REQUIREMENTS.--
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0004| A. Each establishment shall have a full-time
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0005| licensee in charge; provided:
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0006| (1) the establishment license is a privilege
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0007| granted to the person to whom it is issued and is not
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0008| transferable to other owners or operators or to another
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0009| location than that designated on the license; and
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0010| (2) the full-time licensee in charge of each
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0011| establishment shall maintain his primary residence within fifty
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0012| miles of the physical location of the establishment.
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0013| B. The board may adopt by rule special requirements
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0014| for multi-unit establishments that are located within fifty
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0015| miles of each other and that wish to share a licensee in
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0016| charge.
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0017| C. The board may adopt by rule the requirements for
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0018| reapplication or reinspection."
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0019| Section 6. Section 61-32-17 NMSA 1978 (being Laws 1993,
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0020| Chapter 204, Section 17, as amended) is amended to read:
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0021| "61-32-17. DIRECT DISPOSER--SCOPE OF PRACTICE--
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0022| LIMITATIONS.-- Except as otherwise provided in the
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0023| Thanatopractice Act, a direct disposer may only provide direct
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0024| disposition of a dead human body as quickly as possible. [In
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doing so, the direct disposer shall not conduct, direct or
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provide facilities for a funeral, graveside service, committal
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service or memorial service, whether public or private, and the
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body shall not be embalmed prior to disposition unless
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embalming is required by the place of disposition.] Prior to
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0005| interment, entombment or other final disposition of the body,
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0006| the direct disposer shall not participate in any rites or
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0007| ceremonies in connection with the final disposition of the
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0008| body, and shall not provide facilities for any such rites or
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0009| ceremonies. The direct disposer shall not have the body
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0010| embalmed unless embalming is required by the place of
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0011| disposition."
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0012| Section 7. Section 61-32-20 NMSA 1978 (being Laws 1993,
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0013| Chapter 204, Section 20) is amended to read:
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0014| "61-32-20. EMBALMING.--
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0015| A. All dead human bodies not disposed of within
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0016| twenty-four hours after death shall be embalmed in accordance
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0017| with the Thanatopractice Act or stored under refrigeration as
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0018| determined by board rule or regulation, unless otherwise
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0019| required by regulation of the office of the medical
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0020| investigator or the secretary of health or by orders of an
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0021| authorized official of the office of the medical investigator,
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0022| a court of competent jurisdiction or other authorized official.
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0023| B. No dead human body shall be embalmed except by a
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0024| funeral service practitioner, an associate funeral service
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0025| practitioner or a funeral service intern under the supervision
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0001| of a funeral service practitioner.
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0002| C. When embalming is not required under the
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0003| provisions of this section, no dead human body shall be
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0004| embalmed without express authorization by the:
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0005| (1) surviving spouse or next of kin;
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0006| (2) legal agent or personal representative of
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0007| the deceased; or
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0008| (3) person assuming responsibility for final
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0009| disposition.
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0010| D. When embalming is not required and prior to
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0011| obtaining authorization for the embalming, a dead human body
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0012| may be washed and other health procedures, including closing of
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0013| the orifices, may be performed without authorization.
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0014| E. When a dead human body is embalmed, the funeral
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0015| service practitioner or associate funeral service practitioner
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0016| who embalms the body or the funeral service intern who embalms
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0017| the body and the funeral service practitioner who supervises
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0018| the embalming shall complete and sign an embalming case report.
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0019| The embalming case report shall be kept on file at the
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0020| establishment for a period of not less than five years
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0021| following the embalming.
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0022| F. Except as specified in Subsection A of this
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0023| section, embalming is not required."
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0024| Section 8. Section 61-32-21 NMSA 1978 (being Laws 1993,
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0025| Chapter 204, Section 21) is amended to read:
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0001| "61-32-21. LICENSE RENEWAL.--
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0002| A. All licenses expire annually and shall be
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0003| renewed by submitting a completed renewal application,
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0004| accompanied by the required fees, on a form provided by the
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0005| board.
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0006| B. The board may require proof of continuing
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0007| education or other proof of competency as a requirement for
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0008| renewal.
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0009| C. A license not renewed on or before the
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0010| expiration date is considered lapsed and is no longer valid.
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0011| [A ninety-day] A thirty-day grace period shall be allowed
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0012| each licensee after the end of the licensing period, during
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0013| which time licenses may be renewed upon payment of both the
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0014| renewal fee and a late fee as prescribed by the board and
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0015| compliance with any other renewal requirements adopted by the
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0016| board.
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0017| D. Any license not renewed at the end of the grace
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0018| period [shall be considered] is expired. [and the license
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holder] A holder of an expired license shall be required to
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0020| apply as a new applicant."
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0021| Section 9. Section 61-32-22 NMSA 1978 (being Laws 1993,
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0022| Chapter 204, Section 22) is amended to read:
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0023| "61-32-22. [FUNERAL SERVICE PRACTITIONER--] INACTIVE
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0024| STATUS.--
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0025| A. A funeral service practitioner, associate
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0001| funeral service practitioner, assistant funeral service
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0002| practitioner or direct disposer who has a current license may
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0003| request that his license be placed on inactive status. Except
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0004| as provided in Subsection E of this section, the board shall
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0005| approve each request for inactive status [unless the
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practitioner is under investigation or disciplinary proceedings
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have been initiated].
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0008| B. A license placed on inactive status may be
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0009| renewed within a period not to exceed five years following the
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0010| date the board granted the inactive status.
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0011| C. Renewal of an inactive license requires payment
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0012| of renewal and reinstatement fees as set forth by board rule or
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0013| regulation and compliance with the following requirements:
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0014| (1) certification by the practitioner that he
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0015| has not engaged in the practice of funeral service in this
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0016| state during the inactive status;
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0017| (2) compliance with continuing education
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0018| requirements established by board rule; and
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0019| (3) successful completion of an examination,
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0020| which shall be administered at the discretion of the board, to
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0021| certify continuing competency.
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0022| D. Disciplinary proceedings may be initiated or
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0023| continued against a licensee who has been granted inactive
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0024| status.
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0025| E. No license shall be placed on inactive status
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0001| if the licensee is under investigation or if disciplinary
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0002| proceedings have been initiated."
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0003| Section 10. Section 61-32-23 NMSA 1978 (being Laws 1993,
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0004| Chapter 204, Section 23) is amended to read:
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0005| "61-32-23. FEES.--The board shall establish by regulation
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0006| a schedule of reasonable fees for applications, examinations,
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0007| licenses, inspections, renewals, penalties, reinstatements and
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0008| necessary administrative fees; provided that no one fee shall
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0009| exceed five hundred dollars ($500). All fees collected shall
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0010| be deposited in [the thanatopractice fund] accordance with
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0011| Section 61-32-26 NMSA 1978."
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0012| Section 11. Section 61-32-24 NMSA 1978 (being Laws 1993,
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0013| Chapter 204, Section 24, as amended) is amended to read:
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0014| "61-32-24. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.--
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0015| A. The board, in accordance with the provisions of
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0016| the Uniform Licensing Act, may refuse to issue or renew or may
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0017| suspend or revoke [or] the license of, impose a fine on
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0018| or place on probation [any license of] a funeral service
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0019| practitioner, associate funeral service practitioner, assistant
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0020| funeral service practitioner, funeral service intern, direct
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0021| disposer, establishment or crematory upon a finding by the
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0022| board that the applicant or licensee is guilty of any of the
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0023| following acts of commission or omission:
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0024| (1) conviction of an offense punishable by
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0025| incarceration in a state penitentiary or federal prison,
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0001| provided the board receives a copy of the record of conviction,
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0002| certified to by the clerk of the court entering the conviction,
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0003| which shall be conclusive evidence of the conviction;
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0004| (2) fraud or deceit in procuring or attempting
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0005| to procure a license;
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0006| (3) gross negligence or incompetence;
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0007| (4) unprofessional or dishonorable conduct,
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0008| which includes:
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0009| (a) misrepresentation or fraud;
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0010| (b) false or misleading advertising;
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0011| (c) solicitation of dead human bodies by
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0012| the licensee, his agents, assistants or employees, whether the
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0013| solicitation occurs after death or while death is impending,
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0014| provided that this shall not be deemed to prohibit general
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0015| advertising;
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0016| (d) solicitation or acceptance by a
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0017| licensee of any commission, bonus or rebate in consideration of
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0018| recommending or causing a dead human body to be disposed of in
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0019| any cemetery, mausoleum or crematory;
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0020| (e) using any funeral merchandise
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0021| previously purchased, in whole or in part, except for
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0022| transportation purposes, without prior written permission of
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0023| the person selecting or paying for the use of the merchandise;
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0024| and
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0025| (f) failing to make disposition of a
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0001| dead human body in the enclosure or container that was
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0002| purchased for that purpose by the arrangers;
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0003| (5) violation of any of the provisions of the
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0004| Thanatopractice Act or any rule or regulation of the board;
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0005| (6) violation of any local, state or federal
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0006| ordinance, law or regulation affecting the practice of funeral
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0007| service, direct disposition or cremation, including the
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0008| Prearranged Funeral Plan Regulatory Law or any regulations
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0009| ordered by the superintendent of insurance;
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0010| (7) willful or negligent practice beyond the
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0011| scope of the license issued by the board;
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0012| (8) refusing to release properly a dead human
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0013| body to the custody of the person or entity who has the legal
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0014| right to effect the release, when the authorized cost has been
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0015| paid;
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0016| (9) failure to secure a necessary permit
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0017| required by law for removal from this state or cremation of a
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0018| dead human body;
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0019| (10) knowingly making any false statement on a
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0020| certificate of death;
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0021| (11) failure to give full cooperation to the
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0022| board or one of its committees, staff, inspectors, agents or an
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0023| attorney for the board in the performance of official duties;
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0024| (12) has had a license, certificate or
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0025| registration to practice revoked, suspended or denied in any
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0001| jurisdiction, territory or possession of the United States or
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0002| another country for actions of the licensee or applicant
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0003| similar to acts described in this subsection. A certified copy
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0004| of the record of the jurisdiction taking the disciplinary
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0005| action is conclusive evidence of the violation;
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0006| (13) failure to supervise adequately
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0007| subordinate personnel; or
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0008| (14) conduct unbecoming a licensee or
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0009| detrimental to the safety or welfare of the public.
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0010| B. In addition to the offenses listed in Subsection
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0011| A of this section, the board, in accordance with the provisions
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0012| of the Uniform Licensing Act, may refuse to issue or renew or
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0013| may suspend or revoke the license of, impose a fine on or
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0014| place on probation any funeral service practitioner, associate
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0015| funeral service practitioner, assistant funeral service
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0016| practitioner or funeral service intern upon finding the
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0017| applicant or licensee guilty of any of the following acts of
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0018| commission or omission:
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0019| (1) practicing funeral service without a
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0020| license or aiding or abetting an unlicensed person to practice
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0021| funeral service; or
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0022| (2) permitting an associate funeral service
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0023| practitioner, assistant funeral service practitioner or a
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0024| funeral service intern to exceed the limitations set forth in
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0025| the provisions of the Thanatopractice Act or the regulations of
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0001| the board.
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0002| C. In addition to the offenses listed in Subsection
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0003| A of this section, the board, in accordance with the provisions
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0004| of the Uniform Licensing Act, may refuse to issue or renew or
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0005| may suspend or revoke the license of, impose a fine on or
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0006| place on probation any direct disposer or direct disposition
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0007| establishment upon finding the applicant or licensee guilty of
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0008| any of the following acts of commission or omission:
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0009| (1) embalming, restoring, acting as a
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0010| cosmetician or in any way altering the condition of a dead
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0011| human body, except for washing and dressing;
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0012| (2) causing a body to be embalmed when
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0013| embalming is not required by a place of disposition;
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0014| [(3) conducting, directing or providing
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facilities for any rites or ceremonies in association with the
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dead human body, before or after the direct disposition;]
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0017| (3) prior to interment, entombment or other
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0018| final disposition of a dead human body, participating in any
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0019| rites or ceremonies in connection with such final disposition
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0020| of the body or providing facilities for any such rites or
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0021| ceremonies;
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0022| (4) reclaiming, transporting or causing to be
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0023| transported a dead human body after written release for
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0024| disposition; or
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0025| (5) practicing direct disposition without a
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0001| license or aiding or abetting an unlicensed person to practice
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0002| direct disposition.
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0003| D. In addition to the offenses listed in Subsection
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0004| A of this section, the board, in accordance with the provisions
|
0005| of the Uniform Licensing Act, may refuse to issue or renew or
|
0006| may suspend or revoke the license of, impose a fine on or
|
0007| place on probation a crematory applicant or crematory authority
|
0008| upon finding the applicant or crematory authority guilty of any
|
0009| of the following acts of commission or omission:
|
0010| (1) engaging or holding oneself out as
|
0011| engaging in the practice of funeral service or direct
|
0012| disposition, unless the applicant or crematory authority has a
|
0013| license to practice funeral service or direct disposition;
|
0014| (2) operating a crematory without a license or
|
0015| aiding and abetting a crematory to operate without a license;
|
0016| or
|
0017| (3) engaging in conduct or activities for
|
0018| which a license to engage in the practice of funeral service or
|
0019| direct disposition is required or aiding and abetting an
|
0020| unlicensed person to engage in conduct or activities for which
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0021| a license to practice funeral service or direct disposition is
|
0022| required.
|
0023| E. Unless exonerated by the board, persons who have
|
0024| been subjected to formal disciplinary sanctions by the board
|
0025| shall be responsible for the payment of costs of the
|
0001| disciplinary proceedings, which include costs for:
|
0002| (1) court reporters;
|
0003| (2) transcripts;
|
0004| (3) certification or notarization;
|
0005| (4) photocopies;
|
0006| (5) witness attendance and mileage fees;
|
0007| (6) postage for mailings required by law;
|
0008| (7) expert witnesses; and
|
0009| (8) depositions.
|
0010| F. All fees, fines and costs imposed on an
|
0011| applicant, licensee, establishment or crematory shall be paid
|
0012| in full to the board before an initial or renewal license may
|
0013| be issued."
|
0014| Section 12. Section 61-32-28 NMSA 1978 (being Laws 1993,
|
0015| Chapter 204, Section 28) is amended to read:
|
0016| "61-32-28. COMMUNICATIONS--CONFIDENTIALITY.--All written
|
0017| and oral communications made to the board relating to potential
|
0018| disciplinary action shall be [confidential. All data
|
communication and information acquired by the board relating to
|
complaints is confidential and shall not be disclosed unless
|
formal disciplinary action is initiated under the Uniform
|
Licensing Act or absent an order of a court of competent
|
jurisdiction] subject to the Inspection of Public Records
|
0024| Act."
|
0025| State of New Mexico
|
0001| House of Representatives
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997
|
0005|
|
0006|
|
0007| February 27, 1997
|
0008|
|
0009| Mr. Speaker:
|
0010|
|
0011| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
|
0012| has been referred
|
0013|
|
0014| HOUSE BILL 667
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, amended as follows:
|
0018|
|
0019| 1. On page 2, lines 22 through 24, remove the brackets and
|
0020| line-through.
|
0021|
|
0022| 2. On page 3, line 1, after "disposition" strike the
|
0023| remainder of the line, strike all of lines 2 through 4 and strike
|
0024| line 5 up to the semicolon.
|
0025|
|
0001| 3. On page 9, lines 2 and 3, remove the brackets and line-
|
0002| through.
|
0003|
|
0004| 4. On page 11, line 2, after the period insert "A funeral
|
0005| service practitioner who works for a direct disposition
|
0006| establishment is limited to performing only direct disposition
|
0007| and shall not engage in the practice of funeral service.".
|
0008|
|
0009| 5. On page 11, line 17, before the period insert "at a
|
0010| funeral establishment or commercial establishment".,
|
0011|
|
0012| and thence referred to the JUDICIARY COMMITTEE.
|
0013|
|
0014| The roll call vote on Amendment #2 was 7 For 1 Against
|
0015| Yes: 7
|
0016| No: Gubbels
|
0017| Excused: Alwin, Lutz, Olguin, Varela
|
0018| Absent: Getty
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| Fred Luna, Chairman
|
0002|
|
0003| Adopted Not Adopted
|
0004|
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007| Date
|
0008|
|
0009| The roll call vote was 5 For 4 Against
|
0010| Yes: 5
|
0011| No: Chavez, Hobbs, Kissner, Rodella
|
0012| Excused: Alwin, Lutz, Varela
|
0013| Absent: Getty
|
0014|
|
0015|
|
0016| .117875.1
|
0017| G:\BILLTEXT\BILLW_97\H0667 State of New Mexico
|
0018| House of Representatives
|
0019|
|
0020| FORTY-THIRD LEGISLATURE
|
0021| FIRST SESSION, 1997
|
0022|
|
0023|
|
0024| March 12, 1997
|
0025|
|
0001|
|
0002| Mr. Speaker:
|
0003|
|
0004| Your JUDICIARY COMMITTEE, to whom has been referred
|
0005|
|
0006| HOUSE BILL 667, as amended
|
0007|
|
0008| has had it under consideration and reports same with
|
0009| recommendation that it DO PASS, amended as follows:
|
0010|
|
0011| 1. On page 20, line 25, strike "CONFIDENTIALITY" and insert
|
0012| in lieu thereof "SUBJECT TO INSPECTION OF PUBLIC RECORDS ACT".
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| Thomas P. Foy, Chairman
|
0021|
|
0022|
|
0023| Adopted Not Adopted
|
0024|
|
0025| (Chief Clerk) (Chief Clerk)
|
0001|
|
0002| Date
|
0003|
|
0004| The roll call vote was 8 For 0 Against
|
0005| Yes: 8
|
0006| Excused: King, Mallory, Rios, Sanchez, Stewart
|
0007| Absent: None
|
0008|
|
0009|
|
0010|
|
0011| G:\BILLTEXT\BILLW_97\H0667
|
0012|
|
0013| FORTY-THIRD LEGISLATURE
|
0014| FIRST SESSION, 1997
|
0015|
|
0016|
|
0017| March 17, 1997
|
0018|
|
0019| Mr. President:
|
0020|
|
0021| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
|
0022| whom has been referred
|
0023|
|
0024| HOUSE BILL 667, as amended
|
0025|
|
0001| has had it under consideration and reports same with
|
0002| recommendation that it DO PASS.
|
0003|
|
0004| Respectfully submitted,
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| __________________________________
|
0010| Roman M. Maes, III, Chairman
|
0011|
|
0012|
|
0013|
|
0014| Adopted_______________________ Not
|
0015| Adopted_______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019|
|
0020| Date ________________________
|
0021|
|
0022|
|
0023| The roll call vote was 6 For 0 Against
|
0024| Yes: 6
|
0025| No: 0
|
0001| Excused: Fidel, Howes, McKibben, Robinson
|
0002| Absent: None
|
0003|
|
0004|
|
0005| H0667CT1
|