Section 61-32-11 - Licensure of establishments; funeral establishments; commercial establishments; direct disposition establishments; crematories. (Repealed effective July 1, 2012.)
61-32-11. Licensure of establishments; funeral establishments; commercial establishments; direct disposition establishments; crematories. (Repealed effective July 1, 2012.)
A. Funeral establishment licenses shall only be granted under the following terms and conditions:
(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;
(2) the establishment shall be maintained at a specific location primarily devoted to the practice of funeral service and shall comply with the following minimum requirements:
(a) a chapel shall be present in which funerals may be conducted;
(b) a display room shall be present for displaying caskets and other funeral merchandise; and
(c) a preparation room shall be present with necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition or transportation; and
(3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Thanatopractice Act [61-32-1 NMSA 1978] and board rules.
B. Commercial establishment licenses shall only be granted under the following terms and conditions:
(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;
(2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a commercial establishment and shall comply with the following minimum requirements:
(a) a preparation room shall be present with the necessary drainage and ventilation and necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or other disposition and transportation; and
(b) an office shall be present for conducting business; and
(3) a license shall not be issued or renewed by the board unless the establishment is in compliance with the Thanatopractice Act and board rules.
C. Direct disposition establishment licenses shall only be granted under the following terms and conditions:
(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;
(2) the establishment shall be maintained at a specific location primarily devoted to the practice allowed for a direct disposer and shall comply with the following minimum requirements:
(a) a room shall be present with necessary drainage and ventilation for housing a refrigeration unit;
(b) a refrigeration unit, thermodynamically controlled with a minimum storage area of twelve and one-half cubic feet per body, shall be present for sheltering of dead human bodies prior to burial or other disposition or transportation;
(c) an office shall be present for conducting business;
(d) necessary supplies for safely handling unembalmed dead human bodies; and
(e) if funeral merchandise is made available, a display room shall be present for displaying caskets and other funeral merchandise; and
(3) no license shall be issued or renewed by the board unless the establishment is in compliance with the Thanatopractice Act and board rules.
D. Crematory licenses shall only be granted under the following terms and conditions:
(1) applications for licensure shall be upon forms furnished by the board and shall be accompanied by the required fee;
(2) the crematory shall be maintained at a specific location, including a funeral, commercial or direct disposition establishment, primarily devoted to the practice allowed for a crematory and shall comply with the following minimum requirements:
(a) a room shall be present with necessary ventilation for housing a cremation retort;
(b) a cremation retort shall be present for cremating dead human bodies; and
(c) a unit to pulverize cremated dead human bodies shall be present; and
(3) no license shall be issued or renewed by the board unless the crematory is in compliance with the Thanatopractice Act and board rules.
E. The board may adopt by rule additional requirements in the interest of public health, safety and welfare.