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SPONSOR: |
Irwin |
DATE TYPED: |
3/16/03 |
HB |
431/a HBIC/aHJC |
||
SHORT TITLE: |
Amend Thanatopractice Act |
SB |
|
||||
|
ANALYST: |
Maloy |
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REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
See
Narrative |
|
Recurring |
OSF |
Responses
Received From
The
Department of Corrections
SUMMARY
Synopsis of HJC Amendment
The
House Judiciary Committee amendment adds back the previously removed reference
to “the Prearranged Funeral Plan and Regulatory Law or any regulations ordered
by the superintendent of insurance” as grounds for disciplinary action under
the Uniform Licensing Act.
Synopsis of HBIC
Amendment
The House Business and
Industry Committee made two minor amendments to HB 431. The amendment strikes reference to New
Mexico-specific licensed funeral homes, disposition establishments and
schools of medicine.
This amendment allows
a
Synopsis
of Original Bill
House Bill 431 modifies the Thanatopractice Act in order to provide greater clarity and civil penalties for the unlicensed practice of Thanatopractice.
Specific, the following modifications are made to the laws governing the handling of deceased individuals:
·
The Thanatopractice Board has
jurisdiction over unlicensed persons. The Board has authority to impose a fine not
to exceed $5,000 for each violation when it is found that a person acted
without a license.
·
Language clarifies that records are to be
maintained at the licensed establishment or crematory.
·
The Board has the authority to issue
temporary licenses to applicants for licensure.
·
The Board has the authority to place
limits on licensure based on experience (in addition to education).
·
Language is added for the purposes of
achieving consistency in terminology.
·
Language clarifies the scope of practice
for crematories, which is limited to providing cremation services to
·
The requirement is changed that all
individuals not disposed of within twenty-four hours after death
shall be embalmed or stored under refrigeration, to state that all individuals
not disposed within twenty-fours hours after death or release or
receipt by the establishment or crematory.
Significant Issues
·
Unlicensed, untrained handling of the
deceased can have serious health consequences.
Currently,
the Board has jurisdiction over licensees.
Those who engage in unlicensed thanatopractice activities are
referred to the District Attorney’s Offices for prosecution and sentencing
under 31-19-1 NMSA 1978. This is a
time-intensive process. The consequences
are not always readily apparent to the unlicensed practitioner. The ability of the board to act quickly to
impose a monetary penalty is expected to promote greater diligence in compliance
with licensing laws.
·
During the last amendments to the
Thanatopractice Act, the temporary licensure provision was inadvertently
omitted in Section 61-32-9. HB 431
simply reinstates this provision.
·
Licensure limitations based on education
are already in place in the law. The
quality of services to be provided will be improved if licensure may be limited
on the basis of credentials / education too.
·
The addition of language requiring an office in which business is to be
conducted is being added to the requirements for Commercial Establishments and
Direct Disposition Establishments will help put clients at ease when making
final arrangements.
The same is true for language requiring Direct
Disposition Establishments to meet the same requirements as Funeral
Establishments with regard to having a “display room” for caskets and other
funeral merchandise.
·
Given the serious public health and
safety issues that can arise out of thanatopractice activities, empowering the
board to act with flexibility in adopting rules that promote the interests of
public health, safety and welfare is critical.
·
Clear, consistent regulation of
thanatopractice activities involving cremation is critical. Licensees are trained professionals who have
a well-established collaborative relationship with such offices as the Office
of the Medical Investigator (OMI). Licensure
helps ensure that all authorizations to cremate are in place prior to
cremation.
·
It is not uncommon for a thanatopractice
establishment to receive a deceased individual’s body well beyond twenty-four
hours after death. This includes bodies
being sent to the Office of the Medical Investigator for an autopsy. The time of receipt after death is often
beyond the control of the establishment and the establishment should not be
held responsible for not acting to embalm or refrigerate within 24-hours of
death.
·
Violations of the “Prearranged Funeral
Plan Regulatory Law” are removed from the Uniform Licensing Act if it is determined
that a violation of that Act has occurred.
Since the Public Regulation Commission administers the Act, any action
for violations should be taken by the PRC.
FISCAL
IMPLICATIONS
The Thanatopractice
Board is funded through OSF, not general funds.
Monies remaining in the Board’s fund at the end of the fiscal year do
not revert to the general fund.
The Board anticipates a
slight increase in revenues collected as a result of the ability to impose
civil penalties for unlicensed activities.
SJM/ls:yr