0001|                            HOUSE BILL 841
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          DEBBIE A. RODELLA
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; REQUIRING
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0012|     THE BOARD OF THANATOPRACTICE TO ADOPT RULES AND REGULATIONS
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0013|     REGARDING TRUTH IN ADVERTISING; AMENDING AND ENACTING SECTIONS
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0014|     OF THE THANATOPRACTICE ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 61-32-1 NMSA 1978 (being Laws 1993,
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0018|     Chapter 204, Section 1) is amended to read:
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0019|          "61-32-1.  SHORT TITLE. <s>[This act]</s> <u>Chapter 61, Article
</u>    |
<u></u>0020| <u>    32 NMSA 1978</u> may be cited as the "Thanatopractice Act"."
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0021|          Section 2.  A new section of the Thanatopractice Act is
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0022|     enacted to read:
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0023|          "[<u>NEW MATERIAL</u>]  TRUTH IN ADVERTISING--RULES AND
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0024|     REGULATIONS.--
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0025|               A.  To ensure truth in advertising in connection
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0001|     with all services and merchandise offered for funerals, the
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0002|     board shall adopt and promulgate rules and regulations
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0003|     consistent with the requirements of Subsection B of this
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0004|     section.
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0005|               B.  The rules and regulations adopted pursuant to
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0006|     Subsection A of this section shall:
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0007|                    (1)  provide a list of uniform terms and
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0008|     definitions for all services and merchandise offered or charged
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0009|     in connection with funerals.  The uniform terms and definitions
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0010|     shall ensure that each funeral or commercial establishment
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0011|     licensee that advertises or offers a "total package" or similar
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0012|     advertised price for funeral services, merchandise, or both,
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0013|     offers exactly the same type of funeral services, merchandise,
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0014|     or both, as any other funeral or commercial establishment
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0015|     licensee of the board, and that the price is not subject to
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0016|     additional charges later that were not previously disclosed;
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0017|                    (2)  adopt a uniform basic statement format for
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0018|     all services and merchandise provided for a funeral.  The rules
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0019|     and regulations shall provide that the uniform basic statement
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0020|     shall be used by all funeral or commercial establishment
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0021|     licensees so that all persons making arrangements or paying for
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0022|     a funeral service receive the same uniform basic statement
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0023|     using uniform terms and definitions; and
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0024|                    (3)  require that prices for services and
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0025|     merchandise be fully and fairly disclosed and that those prices
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0001|     be subject to the following conditions:
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0002|                         (a)  in January, each funeral or
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0003|     commercial establishment licensee shall publish a list of all
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0004|     his fees in one or more local newspapers of general
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0005|     circulation, as determined by the board;
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0006|                         (b)  the fees published pursuant to
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0007|     Subparagraph (a) of this subsection shall be filed with the
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0008|     board; and
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0009|                         (c)  no fees published and filed with the
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0010|     board shall be increased before the next year's fees are
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0011|     published and filed unless the fees sought to be increased are
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0012|     first published in one or more local newspapers of general
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0013|     circulation and are filed with the board prior to taking
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0014|     effect."
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0015|                              
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