A person who commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year, or both:
A. violation of any provision of the Funeral Services Act;
B. rendering or offering to render funeral services, direct disposition services or cremation services without a current valid license issued pursuant to the Funeral Services Act; or
C. advertising or using any designation, diploma or certificate tending to imply that the person is a practitioner of funeral services, direct disposition services or cremation services without a current valid license issued pursuant to the Funeral Services Act.
History: Laws 1993, ch. 204, § 30; 1999, ch. 284, § 21; 2012, ch. 48, § 22.
Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.
The 2012 amendment, effective July 1, 2012, changed the name of the act and in Subsections A, B and C, substituted "Funeral Services" for "Thanatopractice".
The 1999 amendment, effective June 18, 1999, in the introductory language, substituted "who commits any of the following acts" for "who violates any provision of the Thanatopractice Act" and "of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment of less than one year or both" for "not to exceed one thousand dollars ($1,000) or imprisonment or both", and added Subsections A to C.
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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)
Section 61-32-14.1 - Repealed.
Section 61-32-17.1 - Repealed.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 (Repealed effective July 1, 2024.)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 (Repealed effective July 1, 2024.)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.)