New Mexico Statutes
Article 32 - Funeral Services
Section 61-32-19.1 - Crematory; scope of practice; limitations. (Repealed effective July 1, 2024.)

A. The scope of practice of a crematory and its crematory authority is limited to cremation of dead human bodies and pulverization of cremains. A crematory and its crematory authority shall act as an agent of licensed funeral, commercial or direct disposition establishments and schools of medicine. A crematory and its crematory authority may:
(1) engage in transportation of dead human bodies to the crematory; and
(2) cremate dead human bodies and pulverize cremains.
B. After completion of the cremation process, if a crematory and its crematory authority have not been instructed by its agent to return the cremains to the person that initiated the cremation services contract or to arrange for the interment, entombment or ennichement of the cremains, the crematory authority shall return, or cause to be returned, the cremains to the establishment no later than thirty days after the date of cremation.
C. A crematory and its crematory authority shall maintain a system or process that ensures that any dead human body in the crematory's possession can be specifically identified throughout all phases of the cremation process.
D. A crematory shall keep an accurate record of all cremations performed for a period of not less than seven years.
E. The crematory and its crematory authority shall certify to the board that the crematory will not exceed the scope of practice allowed by law.
F. A licensed crematory shall not engage in any activity not specifically permitted in this section.
History: 1978 Comp., § 61-32-19.1, enacted by Laws 1999, ch. 284, § 13; 2003, ch. 420, § 7.
Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.
The 2003 amendment, effective July 1, 2003, inserted the second sentence in Subsection A; in Subsection B, inserted "by its agent to return the cremains to the person that initiated the cremation services contract or" following "not been instructed", and deleted "or person that initiated the cremation services contract" following "to the establishment".

Structure New Mexico Statutes