2011 New Mexico Statutes
Chapter 61: Professional and Occupational Licenses
Article 32: Thanatopractice, 61-32-1 through 61-32-31
Section 61-32-3: Definitions. (Repealed effective July 1, 2018.)

61-32-3. Definitions. (Repealed effective July 1, 2018.)

As used in the Thanatopractice Act [61-32-1 NMSA 1978]:

A. "assistant funeral service practitioner" means a person licensed to engage in practice at a funeral establishment or commercial establishment, licensed pursuant to the Thanatopractice Act, as an assistant funeral service practitioner as provided in that act;

B. "associate funeral service practitioner" means a person licensed to engage in practice at a funeral establishment or commercial establishment, licensed pursuant to the Thanatopractice Act, as an associate funeral service practitioner as provided in that act;

C. "board" means the board of thanatopractice;

D. "committal service" means a service at a place of interment or entombment that follows a funeral conducted at another location;

E. "cremains" means cremated remains;

F. "cremation" means the reduction of a dead human body by direct flame to a residue, which includes bone fragments;

G. "crematory" means every place or premises that is devoted to or used for cremation and pulverization of the cremains;

H. "crematory authority" means the individual who is ultimately responsible for the operation of a crematory;

I. "department" means the regulation and licensing department;

J. "direct disposer" means a person licensed to engage solely in providing direct disposition at a direct disposition establishment, licensed pursuant to the Thanatopractice Act, as provided in that act;

K. "direct disposition" means only the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition;

L. "direct supervision" means the supervising funeral service practitioner is physically present with and in direct control of the person being trained;

M. "disposition" means the final disposal of a dead human body, whether it be by earth interment, above-ground interment or entombment, cremation, burial at sea or delivery to a medical school, when the medical school assumes complete responsibility for the disposal of the body following medical study;

N. "embalming" means the disinfection, preservation and restoration, when possible, of a dead human body by a licensed funeral service practitioner, a licensed associate funeral service practitioner or a licensed funeral service intern under the supervision of a licensed funeral service practitioner;

O. "ennichement" means interment of cremains in a niche in a columbarium, whether in an urn or not;

P. "entombment" means interment of a casketed body or cremains in a crypt in a mausoleum;

Q. "establishment" means every office, premises or place of business where the practice of funeral service or direct disposition is conducted or advertised as being conducted and includes commercial establishments that provide for the practice of funeral service or direct disposition services exclusively to licensed funeral or direct disposition establishments or a school of medicine;

R. "funeral" means a period following death in which there is an organized, purposeful, time-limited, group-centered ceremony or rite, whether religious or not, with the body of the deceased present;

S. "funeral merchandise" means that personal property offered for sale in connection with the transportation, funeralization or disposition of a dead human body, including the enclosure into which a dead human body is or cremains are directly placed, and excluding mausoleum crypts, interment enclosures preset in a cemetery and columbarium niches;

T. "funeral service intern" means a person licensed to be in training for the practice of funeral service under the supervision and instruction of a funeral service practitioner at a funeral establishment or commercial establishment, licensed pursuant to the Thanatopractice Act;

U. "funeral service practitioner" means a person licensed to engage in the practice of funeral service at a funeral establishment or commercial establishment, licensed pursuant to the Thanatopractice Act, as provided in that act;

V. "general supervision" means the supervising funeral service practitioner is not necessarily physically present in the establishment with the person being trained, but is available for advice and assistance;

W. "graveside service" means a funeral held at the graveside only, excluding a committal service that follows a funeral conducted at another location;

X. "jurisprudence examination" means an examination prescribed by the board on the statutes, rules and regulations pertaining to the practice of funeral service or direct disposition, including the Thanatopractice Act, the rules of the board, state health regulations governing human remains and the Vital Statistics Act [24-14-1 NMSA 1978];

Y. "licensee in charge" means a funeral service practitioner who is ultimately responsible for the conduct of a funeral or commercial establishment and its employees or a direct disposer who is ultimately responsible for the conduct of a direct disposition establishment and its employees;

Z. "make arrangements" means advising or counseling about specific details for a funeral, graveside service, committal service, memorial service, disposition or direct disposition;

AA. "memorial service" means a gathering of persons for recognition of a death without the presence of the body of the deceased;

BB. "practice of funeral service" means those activities allowed under the Thanatopractice Act by a funeral service practitioner, associate funeral service practitioner, assistant funeral service practitioner or funeral service intern;

CC. "pulverization" means the process that reduces cremains to a granular substance; and

DD. "thanatopractice" means those immediate post-death activities related to the dead human body, its care and disposition, whether with or without rites or ceremonies, but not including disposition of the body by a school of medicine following medical study.