A. No person licensed pursuant to the provisions of the Funeral Services Act shall advertise under any name that tends to mislead the public or that sufficiently resembles the professional or business name of another license holder or that may cause confusion or misunderstanding.
B. No person licensed pursuant to the provisions of the Funeral Services Act shall transport or cause to be transported by common carrier any dead human body out of this state when the licensee knows or has reason to believe that the dead human body carries any notifiable communicable disease or when the transportation would take place more than twenty-four hours after death, unless the body has been prepared or embalmed as provided in the Funeral Services Act, unless approval for transportation has been given by the office of the medical investigator, the secretary of health, a court of competent jurisdiction or other authorized official or unless the body is placed in a sealed container.
C. No person licensed pursuant to the provisions of the Funeral Services Act shall remove, and no authorized person shall embalm, a dead human body when the authorized person has information indicating crime or violence of any sort in connection with the cause or manner of death, unless in accordance with instructions or regulations of the office of the medical investigator or until permission has been obtained from the office of the medical investigator or other authorized official.
History: 1978 Comp., § 61-32-25, enacted by Laws 1993, ch. 204, § 25; 2012, ch. 48, § 18.
Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.
Repeals and reenactments. — Laws 1993, ch. 204, § 32 repealed former 61-32-25 NMSA 1978, as amended by Laws 1987, ch. 333, § 13, providing for the delayed repeal of this article, and § 25 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment, effective July 1, 2012, changed the name of the act; in Subsections A, B and C, after "No person licensed", deleted "under" and added "pursuant to the provisions of the" and after "provisions of", deleted "Thanatopractice" and added "Funeral Services"; and in Subsection B, after "embalmed as provided in the", deleted "Thanatopractice" and added "Funeral Services".
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 61-32-10 - Licensure by credentials. (Repealed effective July 1, 2024.)
Section 61-32-12 - License; display of license. (Repealed effective July 1, 2024.)
Section 61-32-14.1 - Repealed.
Section 61-32-17.1 - Repealed.
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 61-32-31 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)