A. In addition to any other authority provided by law, the board has the power to: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are necessary to carry out the provisions of the Funeral Services Act; (2) promulgate rules implementing continuing education requirements; (3) conduct hearings upon charges relating to the discipline of licensees and take administrative actions pursuant to the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; (4) except as provided in Section 61-1-34 NMSA 1978, establish reasonable fees to carry out the provisions of the Funeral Services Act; (5) provide for investigations necessary to determine violations of the Funeral Services Act; (6) establish committees as the board deems necessary for carrying out the provisions of the Funeral Services Act; (7) apply for injunctive relief to enforce the provisions of the Funeral Services Act or to restrain any violation of that act; and (8) conduct criminal background checks on applicants for licensure. B. No action or other legal proceedings for damages shall be instituted against the board, any board member or employee of the board for any act performed in good faith and in the intended performance of any power or duty granted under the Funeral Services Act or for any neglect or default in the good faith performance or exercise of any such power or duty. History: 1978 Comp., § 61-32-6, enacted by Laws 1993, ch. 204, § 6; 1999, ch. 284, § 4; 2012, ch. 48, § 8; 2017, ch. 52, § 16; 2021, ch. 92, § 16; 2022, ch. 39, § 100. Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978. Repeals and reenactments. — Laws 1993, ch. 204, § 32 repealed former 61-32-6 NMSA 1978, as enacted by Laws 1978, ch. 185, § 6, concerning the secretary of the board, and § 6 of the act enacted a new section, effective June 18, 1993. The 2022 amendment, effective May 18, 2022, clarified that the board of funeral services is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; and in Subsection A, Paragraph A(1), deleted "adopt in accordance with the provisions of the Uniform Licensing Act, and file" and added "promulgate rules", in Paragraph A(2), deleted "adopt" and added "promulgate", and in Paragraph A(3), after "pursuant to", deleted "Section 61-1-3 NMSA 1978" and added "the Uniform Licensing Act". The 2021 amendment, effective June 18, 2021, provided an exception, related to the waiver of fees for military service members and veterans, to the board of funeral service's power to establish fees to carry out the provisions of the Funeral Services Act; and in Subsection A, Paragraph A(4), added "except as provided in Section 61-1-34 NMSA 1978". The 2017 amendment, effective June 16, 2017, removed the provision which provided the board of funeral services the authority to impose a fine not to exceed five thousand dollars ($5,000) and to assess costs for each violation of the Funeral Services Act; in Subsection A, in Paragraph A(7), after the semicolon, added "and", and deleted Paragraph A(8) and redesignated former Paragraph A(9) as Paragraph A(8). The 2012 amendment, effective July 1, 2012, changed the name of the act and the thanatopractice fund; in Subsection A, in Paragraphs (1) and (4) through (7) and in Subsection B, substituted "Funeral Services Act" for "Thanatopractice Act"; and in Subsection A, in Paragraph (1), after "rules", deleted "and regulations" and in Paragraph (8), after "deposited in the", deleted "thanatopractice" and added "funeral services". The 1999 amendment, effective June 18, 1999, in Subsection A, substituted "pursuant to Section 61-1-3 NMSA 1978" for "including license denial, suspension or revocation, or the issuance of a fine, reprimand or other remedial action" in Paragraph (3); deleted former Paragraph (8), which set out the board's power to take administrative action with regard to the Thanatopractice Act; redesignated former Paragraph (9) as Paragraph (8), and in that paragraph, inserted "for each violation"; and added Paragraph (9).
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