Section 61-32-6 - Board powers. (Repealed effective July 1, 2012.)
61-32-6. Board powers. (Repealed effective July 1, 2012.)
A. In addition to any other authority provided by law, the board has the power to:
(1) adopt, in accordance with the provisions of the Uniform Licensing Act [61-1-1 NMSA 1978], and file, in accordance with the State Rules Act [14-4-1 NMSA 1978], rules and regulations necessary to carry out the provisions of the Thanatopractice Act [61-32-1 NMSA 1978];
(2) adopt rules implementing continuing education requirements;
(3) conduct hearings upon charges relating to the discipline of licensees and take administrative actions pursuant to Section 61-1-3 NMSA 1978;
(4) establish reasonable fees to carry out the provisions of the Thanatopractice Act;
(5) provide for investigations necessary to determine violations of the Thanatopractice Act;
(6) establish committees as the board deems necessary for carrying out the provisions of the Thanatopractice Act;
(7) apply for injunctive relief to enforce the provisions of the Thanatopractice Act or to restrain any violation of that act;
(8) impose a fine not to exceed five thousand dollars ($5,000) for each violation, in addition to other administrative or disciplinary costs, and all fines shall be deposited in the thanatopractice fund; and
(9) 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 Thanatopractice Act or for any neglect or default in the good faith performance or exercise of any such power or duty.