0001| HOUSE BILL 841
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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| DEBBIE A. RODELLA
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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 PROFESSIONAL AND OCCUPATIONAL LICENSES; REQUIRING
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0012| THE BOARD OF THANATOPRACTICE TO ADOPT RULES AND REGULATIONS
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0013| REGARDING TRUTH IN ADVERTISING; AMENDING AND ENACTING SECTIONS
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0014| OF THE THANATOPRACTICE ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 61-32-1 NMSA 1978 (being Laws 1993,
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0018| Chapter 204, Section 1) is amended to read:
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0019| "61-32-1. SHORT TITLE. [This act] Chapter 61, Article
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0020| 32 NMSA 1978 may be cited as the "Thanatopractice Act"."
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0021| Section 2. A new section of the Thanatopractice Act is
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0022| enacted to read:
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0023| "[NEW MATERIAL] TRUTH IN ADVERTISING--RULES AND
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0024| REGULATIONS.--
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0025| A. To ensure truth in advertising in connection
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0001| with all services and merchandise offered for funerals, the
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0002| board shall adopt and promulgate rules and regulations
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0003| consistent with the requirements of Subsection B of this
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0004| section.
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0005| B. The rules and regulations adopted pursuant to
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0006| Subsection A of this section shall:
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0007| (1) provide a list of uniform terms and
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0008| definitions for all services and merchandise offered or charged
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0009| in connection with funerals. The uniform terms and definitions
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0010| shall ensure that each funeral or commercial establishment
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0011| licensee that advertises or offers a "total package" or similar
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0012| advertised price for funeral services, merchandise, or both,
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0013| offers exactly the same type of funeral services, merchandise,
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0014| or both, as any other funeral or commercial establishment
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0015| licensee of the board, and that the price is not subject to
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0016| additional charges later that were not previously disclosed;
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0017| (2) adopt a uniform basic statement format for
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0018| all services and merchandise provided for a funeral. The rules
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0019| and regulations shall provide that the uniform basic statement
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0020| shall be used by all funeral or commercial establishment
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0021| licensees so that all persons making arrangements or paying for
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0022| a funeral service receive the same uniform basic statement
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0023| using uniform terms and definitions; and
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0024| (3) require that prices for services and
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0025| merchandise be fully and fairly disclosed and that those prices
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0001| be subject to the following conditions:
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0002| (a) in January, each funeral or
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0003| commercial establishment licensee shall publish a list of all
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0004| his fees in one or more local newspapers of general
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0005| circulation, as determined by the board;
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0006| (b) the fees published pursuant to
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0007| Subparagraph (a) of this subsection shall be filed with the
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0008| board; and
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0009| (c) no fees published and filed with the
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0010| board shall be increased before the next year's fees are
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0011| published and filed unless the fees sought to be increased are
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0012| first published in one or more local newspapers of general
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0013| circulation and are filed with the board prior to taking
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0014| effect."
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0015|
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