N.M. Admin. Code § 16.64.1.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.64.1.7 - DEFINITIONS

A."board" means the board of funeral services;

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

C."conspicuously displayed" means certificate of licensure and inspection results notice are collectively posted in a location where a member of the general public within the licensee's place of business will be able to observe and read the certificate of licensure and inspection results notice.

D."custody" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including, but not limited to, possession, at-need funeral arrangements, final disposition and disinterment.

E. "cremated remains" means the remains of a dead human body which has been reduced by direct flame to a residue, which includes bone fragments;

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 cremated remains;

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 Funeral Services Act, as provided in that act;

K."direct disposition" means only the disposition of a dead human body as quickly as possible, without a direct disposer performing or arranging 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 that 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, aboveground 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."embalmer" means a person licensed to engage in embalming and preparing a dead human for funeral service at a funeral establishment that is licenses pursuant to the funeral service act;

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

P."ennichement" means interment of cremated remains in a niche in a columbarium, whether in an urn or not;

Q."entombment" means interment of a casketed body or cremated remains in a crypt in a mausoleum;

R."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;

S."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;

T. "funeral arranger" means a person licensed to engage in arrangements and directing of funeral services at a funeral establishment that is licensed pursuant to the Funeral Services Act;

U."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 cremated remains are directly placed, and excluding mausoleum crypts, interment enclosures preset in a cemetery and columbarium niches;

V."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 Funeral Services Act;

W."funeral service intern - direct supervision" means a licensed funeral service intern who is under direct supervision and instruction of a licensed funeral service practitioner at a funeral establishment or commercial establishment, licensed pursuant to the Funeral Services Act;

X."funeral service intern - general supervision" means a licensed funeral service intern who is under general supervision and instruction of a licensed funeral service practitioner at a funeral establishment or commercial establishment, licensed pursuant to the Funeral Services Act;

Y."funeral service practitioner" means a person licensed to engage in the practice of funeral service at a funeral establishment or commercial establishment that is licensed pursuant to the Funeral Services Act;

Z."funeral services" means those immediate post-death activities related to a dead human body and its care and disposition, whether with or without rites or ceremonies; but 'funeral services' does not include disposition of the body by a school of medicine following medical study;

AA."general supervision" means that 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;

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

CC."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 Funeral Services Act, the rules of the board, state health regulations governing human remains and the Vital Statistics Act;

DD."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;

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

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

GG."practice of funeral service" means those activities allowed under the Funeral Services Act by the funeral service practitioner or funeral service intern; and

HH."pulverization" means the process that reduces cremated remains to a granular substance.

II."retort" means a vessel or chamber in which substances are distilled or decomposed by heat.

N.M. Admin. Code § 16.64.1.7

6-15-96; 16.64.1.7 NMAC - Rn & A, 16 NMAC 64.1.7, 09-15-01; A, 08-08-12, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 11/1/2019