New Mexico Statutes
Article 32 - Funeral Services
Section 61-32-17 - Direct disposer; scope of practice; limitations. (Repealed effective July 1, 2024.)

A. Except as otherwise provided in the Funeral Services Act, a direct disposer may transport and dispose of a dead human body and participate in any rites or ceremonies after final disposition of the body.
B. Prior to interment, entombment or other final disposition of the body, a direct disposer shall not:
(1) participate in any rites or ceremonies in connection with the final disposition of the body;
(2) provide facilities for any such rites or ceremonies; and
(3) have the body embalmed unless embalming is required by the place of disposition.
History: 1978 Comp., § 61-32-17, enacted by Laws 1993, ch. 204, § 17; 1995, ch. 158, § 2; 1999, ch. 284, § 11; 2012, ch. 48, § 14.
Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.
Repeals and reenactments. — Laws 1993, ch. 204, § 32 repealed former 61-32-17 NMSA 1978, as enacted by Laws 1978, ch. 185, § 17, concerning direct disposition establishment permits, and § 17 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment, effective July 1, 2012, changed the name of the act and in Subsection A, after "provided in the", deleted "Thanatopractice" and added "Funeral Services".
The 1999 amendment, effective June 18, 1999, added the Subsection A designation, and in that subsection, added "Except as otherwise provided in the Thanatopractice Act", and deleted the last sentence, which read "In doing so, the direct disposer shall not conduct, direct or provide facilities for a funeral, graveside service, committal service or memorial service, whether public or private, and the body shall not be embalmed prior to the disposition unless embalming is required by the place of disposition"; and added Subsection B.
The 1995 amendment, effective April 5, 1995, substituted "conduct, direct or provide facilities for a" for "provide or participate in a" near the middle.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 61 - Professional and Occupational Licenses

Article 32 - Funeral Services

Section 61-32-1 - Short title. (Repealed effective July 1, 2024.)

Section 61-32-2 - Purpose. (Repealed effective July 1, 2024.)

Section 61-32-3 - Definitions. (Repealed effective July 1, 2024.)

Section 61-32-4 - License required. (Repealed effective July 1, 2024.)

Section 61-32-5 - Board created. (Repealed effective July 1, 2024.)

Section 61-32-6 - Board powers. (Repealed effective July 1, 2024.)

Section 61-32-7 - Board duties. (Repealed effective July 1, 2024.)

Section 61-32-8 - Inspection; access; counsel. (Repealed effective July 1, 2024.)

Section 61-32-9 - Requirements for licensure; funeral service practitioner; funeral arranger; embalmer; funeral service intern; direct disposer; conversion of certain licenses; temporary licenses. (Repealed effective July 1, 2024.)

Section 61-32-10 - Licensure by credentials. (Repealed effective July 1, 2024.)

Section 61-32-11 - Licensure of establishments; funeral establishments; commercial establishments; direct disposition establishments; crematories. (Repealed effective July 1, 2024.)

Section 61-32-12 - License; display of license. (Repealed effective July 1, 2024.)

Section 61-32-13 - Establishments; requirements; temporary licenses. (Repealed effective July 1, 2024.)

Section 61-32-14 - Funeral service intern; scope of practice; limitations. (Repealed effective July 1, 2024.)

Section 61-32-14.1 - Repealed.

Section 61-32-15 - Repealed.

Section 61-32-16 - Repealed.

Section 61-32-17 - Direct disposer; scope of practice; limitations. (Repealed effective July 1, 2024.)

Section 61-32-17.1 - Repealed.

Section 61-32-18 - Commercial establishments; scope of practice; limitations. (Repealed effective July 1, 2024.)

Section 61-32-19 - Cremation; requirements; right to authorize cremation; disposition of cremains. (Repealed effective July 1, 2024.)

Section 61-32-19.1 - Crematory; scope of practice; limitations. (Repealed effective July 1, 2024.)

Section 61-32-20 - Embalming. (Repealed effective July 1, 2024.)

Section 61-32-21 - License renewal. (Repealed effective July 1, 2024.)

Section 61-32-22 - Inactive status. (Repealed effective July 1, 2024.)

Section 61-32-23 - Fees and fines. (Repealed effective July 1, 2024.)

Section 61-32-24 - Disciplinary proceedings; judicial review. (Repealed effective July 1, 2024.)

Section 61-32-25 - Additional prohibitions. (Repealed effective July 1, 2024.)

Section 61-32-26 - Fund established. (Repealed effective July 1, 2024.)

Section 61-32-27 - Criminal offender employment act. (Repealed effective July 1, 2024.)

Section 61-32-28 - Communications; confidentiality. (Repealed effective July 1, 2024.)

Section 61-32-29 - Construction. (Repealed effective July 1, 2024.)

Section 61-32-30 - Criminal penalties. (Repealed effective July 1, 2024.)

Section 61-32-30.1 - Unlicensed activity; civil penalty. (Repealed effective July 1, 2024.)

Section 61-32-30.2 - Cease and desist orders; fines; finality; hearings. (Repealed effective July 1, 2024.)

Section 61-32-31 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)