C.R.S. § 15-19-101 Short title
15-19-101. Short title. The short title of this part 1 is the "Disposition of Last Remains Act".
Treatment of Human Bodies After Death
C.R.S. tit. 15, art. 19
in effectC.R.S. § 15-19-102 Legislative declaration - construction
15-19-102. Legislative declaration - construction. (1) The general assembly finds and declares that:
(a) A competent adult individual has the right and power to direct the disposition of his or her remains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition contrary to the deceased's desires.
(b) A statute that determines priority of individuals to direct the disposition of a decedent's remains is necessary if the decedent fails to direct such disposition or fails to provide the resources necessary to carry out such disposition or if a dispute arises between interested persons regarding such disposition.
(c) The right to direct the disposition of one's remains must be stated in writing to better protect a third party who relies in good faith on such decisions.
(2) This part 1 shall be interpreted liberally to carry out a decedent's intent when not conflicting with this part 1.
(3) This part 1 shall not be construed to:
(a) Subject to section 15-19-104 (3), invalidate a declaration or a will, codicil, trust, power of appointment, or power of attorney;
(b) Invalidate any act of an agent, guardian, or conservator;
(c) Affect any claim, right, or remedy that accrued prior to August 6, 2003;
(d) Authorize or encourage acts that violate the constitution, statutes, rules, case law, or public policy of Colorado or the United States;
(e) Abridge contracts;
(f) Modify the standards, ethics, or protocols of the practice of medicine;
(g) Compel or authorize a health-care provider or health-care facility, as defined in section 15-14-505, to administer medical treatment that is medically inappropriate or contrary to federal or other Colorado law; or
(h) Permit or authorize euthanasia or an affirmative or deliberate act to end a person's life.
C.R.S. § 15-19-103 Definitions
15-19-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Adult" means a natural person eighteen years of age or older.
(2) "Declarant" means a competent adult who signs a declaration pursuant to the provisions of this part 1.
(3) "Declaration" means a written instrument directing the lawful disposition of the declarant's last remains and the ceremonies planned after a declarant's death, in accordance with this part 1. A declaration may be made within a will; prepaid funeral or final disposition contract; durable or medical power of attorney; a designated beneficiary agreement as described in article 22 of this title 15; a federal record of emergency data; or any other written document, including, but not limited to, a document governing the disposition of last remains under part 7 of article 11 of this title 15.
(3.5) "Federal record of emergency data" means the United States department of defense record of emergency data, DD form 93, or any successor form.
(4) "Interested person" means the deceased's spouse, parent, designated beneficiary, adult child, sibling, grandchild, and other person designated in a declaration.
(5) "Last remains" means the deceased's body or cremains after death.
(5.5) "Natural reduction" or "naturally reduce" has the meaning set forth in section 2-4-401 (6.9).
(6) (Deleted by amendment, L. 2006, p. 897, § 2, effective August 7, 2006.)
(7) (a) "Third party" means a person:
(I) Who is requested by a declaration to act in good faith in reliance upon the declaration;
(II) Who is asked to dispose of last remains by the person with priority to dispose of the decedent's last remains under section 15-19-106; or
(III) Who is delegated discretion over ceremonial or dispositional arrangements in a declaration.
(b) "Third party" includes, but is not limited to, a funeral director, mortuary science practitioner, mortuary, crematorium, or cemetery.
(8) (Deleted by amendment, L. 2006, p. 897, § 2, effective August 7, 2006.)
C.R.S. § 15-19-104 Declaration of disposition of last remains
15-19-104. Declaration of disposition of last remains. (1) The declarant may specify, in a declaration, any one or more of the following:
(a) The disposition to be made of the declarant's last remains;
(b) The person appointed to direct the disposition of the declarant's last remains;
(c) The ceremonial arrangements to be performed after the declarant's death;
(d) The person appointed to direct the ceremonial arrangements after the declarant's death;
(e) The rights, limitations, immunities, and other terms of third parties dealing with the declaration.
(2) (Deleted by amendment, L. 2006, p. 898, § 3, effective August 7, 2006.)
(3) (a) (I) The provisions of the most recent declaration shall control over any other document regarding the disposition of the declarant's last remains.
(II) (A) Notwithstanding the provisions of subsection (3)(a)(I) of this section, if the declarant is a member of the United States armed forces or the United States reserve forces or a member of a state National Guard called into federal service and the declarant has executed a federal record of emergency data that is valid and enforceable at the time of the declarant's death, then the federal record of emergency data shall control over any other declaration concerning the person authorized to direct the disposition of the declarant's last remains, even if the federal record of emergency data was executed prior to the execution of the most recent declaration pursuant to this part 1. The person authorized to direct disposition of the decedent's last remains pursuant to the federal record of emergency data shall do so in accordance with the provisions for the disposition of the remains and the ceremonial arrangements made by the declarant in his or her most recent declaration concerning his or her disposition and ceremonial arrangements.
(B) For purposes of sub-subparagraph (A) of this subparagraph (II), a federal record of emergency data is valid and enforceable for any declarant who is a covered decedent at the time of his or her death, pursuant to 10 U.S.C. sec. 1481, or any successor section concerning recovery, care, and disposition of remains.
(b) This part 1 shall govern all current and prior declarations.
(c) If article 135 of title 12 conflicts with this part 1, this part 1 shall govern.
(4) (Deleted by amendment, L. 2006, p. 898, § 3, effective August 7, 2006.)
(5) A declaration shall be signed and dated by the declarant and may be notarized or witnessed in writing by at least one adult who confirms that he or she was present when the declarant signed the declaration.
C.R.S. § 15-19-105 Reliance - declarations
15-19-105. Reliance - declarations. (1) (a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance.
(b) (I) A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary:
(A) That the declaration was validly executed;
(B) That the declarant was competent when the instrument was executed; and
(C) That the declaration has not been revoked.
(II) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration.
(2) A declaration shall be binding on all persons with an interest in the disposition of the declarant's remains. Section 15-19-106 (1) shall not vest a right to control disposition or ceremonial arrangements that conflict with those made by a declaration. If the declaration conflicts with the directions of any other person, the declaration shall control, and a third party shall provide for the lawful disposition according to the declaration so long as:
(a) No challenge to the validity of the declaration exists under subsection (3) of this section; and
(b) The deceased provided the resources necessary to carry out the disposition.
(3) A challenge to the validity of the declaration or the competency of the declarant when the declaration was executed shall be resolved by the probate court. A third party who knows a declaration has been challenged shall not be liable for refusing to accept, inter, cremate, or otherwise dispose of a declarant's remains until the third party receives a court order or other reasonable confirmation that the challenge has been resolved or settled.
C.R.S. § 15-19-106 Right of final disposition
15-19-106. Right of final disposition. (1) Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order:
(a) The decedent if acting through a declaration pursuant to section 15-19-104, subject to the provisions of section 15-19-104 (3)(a)(II);
(b) (I) Either the appointed personal representative or special administrator of the decedent's estate if such person has been appointed; or
(II) The nominee for appointment as personal representative under the decedent's will if a personal representative or special administrator has not been appointed;
(c) The surviving spouse of the decedent, if not legally separated from the decedent;
(c.5) A person with the right to direct the disposition of the decedent's last remains in a designated beneficiary agreement made pursuant to article 22 of this title;
(d) A majority of the surviving adult children of the decedent;
(e) A majority of the surviving parents or legal guardians of the decedent, who shall act in writing;
(f) A majority of the surviving adult siblings of the decedent;
(g) (Deleted by amendment, L. 2006, p. 900, § 5, effective August 7, 2006.)
(h) Any person who is willing to assume legal and financial responsibility for the final disposition of the decedent's last remains.
(2) (Deleted by amendment, L. 2006, p. 900, § 5, effective August 7, 2006.)
(3) Disputes among the persons listed under subsection (1) of this section shall be resolved by the probate court. A third party shall not be liable for refusing to accept the decedent's remains or dispose of the decedent's remains until the party receives a court order or other reasonable confirmation that the dispute has been resolved or settled.
(4) (a) If the person with the right to control disposition is unable or unwilling to make such disposition, or if the person's whereabouts cannot be reasonably ascertained, then that person's rights shall terminate and pass to the following, in the following order:
(I) The rest of the persons in the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section;
(II) The next class of persons in the order listed in subsection (1) of this section if no one else with the same degree of relationship granting the same priority of control over the disposition of this section exists or possesses the right of final disposition pursuant to subsection (1) of this section.
(b) (I) The person with the right to control disposition shall be presumed to be unable or unwilling to provide for such disposition, or the person's whereabouts shall be presumed unknown, if the person has failed to make or appoint another person to make final arrangements for the disposition of the decedent within five days after receiving notice of the decedent's death or within ten days after the decedent's death, whichever is earlier.
(II) Any member or veteran of the armed forces of the United States or of an organization supporting members or veterans of the armed forces of the United States shall have the right to access the human remains and records thereof in order to identify the remains if no person with the right of final disposition has provided for final disposition for at least one hundred eighty days after death. If the remains are those of a veteran of the armed forces of the United States, the person who possesses the remains shall make arrangements for the remains to be transferred to the closest United States military cemetery. This subparagraph (II) shall not be construed to authorize the exhumation of dead human bodies nor the possession of dead human bodies by any person seeking to identify the identity of the remains.
hose of a veteran of the armed forces of the United States, the person who possesses the remains shall make arrangements for the remains to be transferred to the closest United States military cemetery. This subparagraph (II) shall not be construed to authorize the exhumation of dead human bodies nor the possession of dead human bodies by any person seeking to identify the identity of the remains.
(c) If a person is unable or unwilling to make a disposition under this subsection (4), such person shall not be counted as a member of the class with the same degree of relationship granting the same priority of control over the disposition pursuant to subsection (1) of this section when determining the number that makes a majority of such class.
(5) If the persons enumerated in subsection (1) of this section are not willing or able to provide for the final disposition of a decedent's remains, or if the persons' whereabouts cannot be reasonably ascertained, then the public administrator responsible for the decedent's estate or the person who controls the final disposition of indigent people in the county in which the death occurred shall make arrangements for the final disposition of the decedent's remains.
(6) A third party who provides for the final disposition of a decedent's remains upon authorization from a person who claimed to have the right to control the final disposition shall be immune from civil liability and administrative discipline.
C.R.S. § 15-19-106.5 Disposition of abandoned cremated remains of veterans - liability - applicability - definitions
15-19-106.5. Disposition of abandoned cremated remains of veterans - liability - applicability - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Cremains facility" means a facility that may have unclaimed cremains of a veteran or qualified family member or any information related to unclaimed cremains, including but not limited to a mortuary, funeral home, cemetery, or coroner.
(b) "Cremated remains" or "cremains" has the same meaning set forth in section 12-135-102 (3).
(c) "Interment benefits" means any benefit that includes eligibility to be interred in a national cemetery under the control of the national cemetery administration or in any state veterans' cemetery.
(d) "Qualified family member" means a spouse or dependent of a veteran who is eligible for interment benefits.
(e) "State veterans' cemetery" means the Homelake military veterans cemetery established pursuant to section 26-12-205 and the western slope military veterans' cemetery established pursuant to section 28-5-708.
(f) "Status information" means a person's first name, last name, date of birth, date of death, and social security number.
(g) "Veteran" has the same meaning set forth in section 28-5-100.3.
(h) "Veterans' remains recovery organization" means an entity recognized and authorized by the United States veterans administration and the national personnel records center to verify and inter the unclaimed remains, including cremated remains, of United States military veterans and qualified family members.
(2) Notwithstanding section 15-19-106 (4)(b)(II), a veterans' remains recovery organization has the right to research, recover, and inter any unclaimed cremains of a veteran or qualified family member.
(3) (a) A veterans' remains recovery organization may contact any cremains facility that may have unclaimed veterans' or qualified family members' cremains. The veterans' remains recovery organization shall provide proper identifying documentation to the cremains facility.
(b) After receiving documentation identifying the organization as a veterans' remains recovery organization, a cremains facility shall provide all status information in the facility's possession to the organization.
(c) The veterans' remains recovery organization shall inventory any unclaimed cremains and any information related to the unclaimed cremains in order to identify any cremains of a veteran or qualified family member. The organization shall contact the national personnel records center to verify whether any of the unclaimed cremains are of a veteran who is eligible for interment benefits or qualified family member.
(4) If a veterans' remains recovery organization determines that unclaimed cremains are of a veteran who is eligible for interment benefits or other qualified family member, the organization shall issue the following notices, as applicable:
(a) If the veterans' remains recovery organization knows of a person described in section 15-19-106 (1)(a) to (1)(f) who has the right to take possession of the cremains, the organization shall send notice by mail to that person of that person's eligibility to take possession of the cremains; or
s or other qualified family member, the organization shall issue the following notices, as applicable:
(a) If the veterans' remains recovery organization knows of a person described in section 15-19-106 (1)(a) to (1)(f) who has the right to take possession of the cremains, the organization shall send notice by mail to that person of that person's eligibility to take possession of the cremains; or
(b) If the veterans' remains recovery organization does not know of a person described in section 15-19-106 (1)(a) to (1)(f) who has the right to take possession of the cremains, the organization shall publish a notice in a newspaper of general circulation, published in the county in which the death occurred or the cremains are located, stating that the cremains are unclaimed and giving the name of the deceased if it is known.
(5) At least thirty days, but no later than forty-five days, after a notice has been issued pursuant to subsection (4) of this section, the cremains facility shall transfer any unclaimed cremains eligible for interment benefits to a national cemetery or state veterans' cemetery or to a veterans' remains recovery organization for interment in a national cemetery or state veterans' cemetery.
(6) A cremains facility or veterans' remains recovery organization is not subject to civil liability for release of any information or release of unclaimed cremains pursuant to this section, unless the facility or organization acts in bad faith or with malicious intent.
(7) This section applies only to cremains and does not apply to any other last remains, including dead human bodies.
C.R.S. § 15-19-107 Declaration of disposition of last remains
15-19-107. Declaration of disposition of last remains. (1) Form. The following statutory declaration of disposition of last remains is legally sufficient:
DECLARATION OF DISPOSITION OF LAST REMAINS
I, (name of declarant), being of sound mind and lawful age, hereby revoke all prior declarations concerning the disposition of my last remains and those provisions concerning disposition of my last remains found in a will, codicil, or power of attorney, and I declare and direct that after my death the following provisions be taken:
1. If permitted by law, my body shall be (initial ONE choice):
_______ Buried. I direct that my body be buried at __________ .
_______ Cremated. I direct that my cremated remains be disposed of as follows:
___________________________________________________________________ _ ________________________________________________ .
_______ Entombed. I direct that my body be entombed at ____ .
_______ Naturally reduced. I direct that my reduced remains be given final disposition as follows:
___________________________________________________________________ _ ________________________________________________ .
_______ Other. I direct that my body be disposed of as follows:
___________________________________________________________________ _ ________________________________________________ .
_______ Disposed of as (name of designee) shall decide in writing. If ________________________ is unwilling or unable to act, I nominate ________________________ as my alternate designee.
2. I request that the following ceremonial arrangements be made (initial desired choice or choices):
_______ I request ____________________________ (name of designee) make all arrangements for any ceremonies, consistent with my directions set forth in this declaration. If ________________________ is unwilling or unable to act, I nominate ______________________ as my alternate designee.
_______ Funeral. I request the following arrangements for my funeral:
___________________________________________________________________ _ ________________________________________________ .
_______ Memorial Service. I request the following arrangements for my memorial service:
___________________________________________________________________ _ ________________________________________________ .
3. Special instructions. In addition to the instructions above, I request (on the following lines you may make special requests regarding ceremonies or lack of ceremonies):
___________________________________________________________________ _ ________________________________________________ .
I may revoke or amend this declaration in writing at any time. I agree that a third party who receives a copy of this declaration may act according to it. Revocation of this declaration is not effective as to a third party until the third party learns of my revocation. My estate shall indemnify any third party for costs incurred as a result of claims that arise against the third party because of good-faith reliance on this declaration.
I execute this declaration as my free and voluntary act, on ________________________, _____.
___________________________
(Declarant)
THE FOLLOWING SECTION REGARDING ORGAN AND TISSUE DONATION IS OPTIONAL. To make a donation, initial the option you select and sign below.
In the hope that I might help others, I hereby make an anatomical gift, to be effective upon my death, of:
A._______ Any needed organs/tissues
B._______ The following organs/tissues:
___________________________________________________________________ _ ___________________________________________________
Donor signature: __________________________________________
Notarization optional:
STATE OF COLORADO )
) ss.
COUNTY OF ___________________)
Acknowledged before me by __________, Declarant, on __________, ___.
My commission expires: ______________
[seal]
___________________________
Notary Public
________________________________________ _ ___________________________________________________
Donor signature: __________________________________________
Notarization optional:
STATE OF COLORADO )
) ss.
COUNTY OF ___________________)
Acknowledged before me by __________, Declarant, on __________, ___.
My commission expires: ______________
[seal]
___________________________
Notary Public
(2) Requirements. The form set forth in subsection (1) of this section is not exclusive, and a person may use another form of declaration if the wording of the form complies substantially with subsection (1) of this section, the form is properly completed, and the form is in writing, dated, and signed by the declarant. A declaration may be witnessed or notarized by at least one person who attests that he or she was present when the document was signed by the declarant.
(3) A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration with the intent to revoke such declaration.
(4) (a) Unless otherwise expressly provided in a declaration, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declarant's spouse to direct the disposition of the declarant's last remains or ceremonies after the declarant's death. This paragraph (a) shall not be construed to revoke the remaining provisions of the declaration.
(b) Unless otherwise specified in the declaration, if a declarant revokes a delegation to a person to direct the disposition of the declarant's last remains or ceremonies after the declarant's death, or if such person is unable or unwilling to serve, the nomination of such person shall be ineffective as to such person. If an alternate designee is not nominated by the declarant, section 15-19-106 shall govern. This paragraph (b) shall not be construed to revoke the remaining provisions of the declaration.
C.R.S. § 15-19-108 Interstate effect of declaration
15-19-108. Interstate effect of declaration. (1) Unless otherwise stated in a declaration, it shall be presumed that the declarant intends to have his or her declaration executed pursuant to this part 1 and recognized to the fullest extent possible by other states.
(2) Unless otherwise provided in the declaration, a declaration or similar instrument executed in another state that complies with the requirements of this part 1 may, in good faith, be relied upon by a third party in this state if an action requested by the declarant does not violate any law of the federal government, Colorado, or a political subdivision.
C.R.S. § 15-19-109 Effect of criminal charges
15-19-109. Effect of criminal charges. A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person, shall not direct the final disposition of the deceased person or arrange the ceremonies for the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this section shall not apply.
C.R.S. § 15-19-110 Natural reduction
15-19-110. Natural reduction. A person may use natural reduction for the final disposition of last remains or as a step in the final disposition of last remains.
C.R.S. § 15-19-201 Short title
15-19-201. Short title. The short title of this part 2 is the "Revised Uniform Anatomical Gift Act".
C.R.S. § 15-19-202 Definitions
15-19-202. Definitions. In this part 2:
(1) "Adult" means an individual who is at least eighteen years of age.
(2) "Agent" means an individual:
(A) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research, or education.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this part 2, a fetus.
(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 15-19-211.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's license" means a license or permit issued by the department of revenue to operate a vehicle, whether or not conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
(13) "Identification card" means an identification card issued by the department of revenue or the department's agent.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is under eighteen years of age.
(16) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not been terminated.
(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.
(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
(22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
y state.
(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
(22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.
(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(26) "Refusal" means a record created under section 15-19-207 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.
(27) "Sign" means, with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.
(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.
(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
C.R.S. § 15-19-203 Applicability
15-19-203. Applicability. This part 2 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
C.R.S. § 15-19-204 Who may make anatomical gift before donor's death
15-19-204. Who may make anatomical gift before donor's death. Subject to section 15-19-208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 15-19-205 by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(A) Emancipated; or
(B) Authorized under state law to apply for a driver's license because the donor is at least sixteen years of age;
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; or
(4) The donor's guardian.
C.R.S. § 15-19-205 Manner of making anatomical gift before donor's death
15-19-205. Manner of making anatomical gift before donor's death. (a) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) In a will;
(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) As provided in subsection (b) of this section.
(b) A donor or other person authorized to make an anatomical gift under section 15-19-204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) (A) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; or
(B) Be acknowledged before a notary public or other individual authorized by law to take acknowledgments, unless a court determines that this subsection (b)(1)(B) should not apply to the record in the interest of justice; and
(2) State that it has been signed and witnessed or acknowledged as provided in subsection (b)(1) of this section.
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
C.R.S. § 15-19-206 Amending or revoking anatomical gift before donor's death
15-19-206. Amending or revoking anatomical gift before donor's death. (a) Subject to section 15-19-208, a donor or other person authorized to make an anatomical gift under section 15-19-204 may amend or revoke an anatomical gift by:
(1) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) of this section must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in subsection (b)(1) of this section.
(c) Subject to section 15-19-208, a donor or other person authorized to make an anatomical gift under section 15-19-204 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
C.R.S. § 15-19-207 Refusal to make anatomical gift - effect of refusal
15-19-207. Refusal to make anatomical gift - effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) of this section must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in subsection (b)(1) of this section.
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) of this section for making a refusal;
(2) By subsequently making an anatomical gift pursuant to section 15-19-205 that is inconsistent with the refusal; or
(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in section 15-19-208 (h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
C.R.S. § 15-19-208 Preclusive effect of anatomical gift, amendment, or revocation
15-19-208. Preclusive effect of anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 15-19-205 or an amendment to an anatomical gift of the donor's body or part under section 15-19-206.
(b) A donor's revocation of an anatomical gift of the donor's body or part under section 15-19-206 is not a refusal and does not bar another person specified in section 15-19-204 or 15-19-209 from making an anatomical gift of the donor's body or part under section 15-19-205 or 15-19-210.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 15-19-205 or an amendment to an anatomical gift of the donor's body or part under section 15-19-206, another person may not make, amend, or revoke the gift of the donor's body or part under section 15-19-210.
(d) A revocation of an anatomical gift of a donor's body or part under section 15-19-206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 15-19-205 or 15-19-210.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 15-19-204, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 15-19-204, an anatomical gift of a part for one or more of the purposes set forth in section 15-19-204 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 15-19-205 or 15-19-210.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
C.R.S. § 15-19-209 Who may make anatomical gift of decedent's body or part
15-19-209. Who may make anatomical gift of decedent's body or part. (a) Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 15-19-204 (2) immediately before the decedent's death;
(2) The spouse of the decedent;
(2.5) A person who is designated by the decedent as a designated beneficiary in a designated beneficiary agreement pursuant to article 22 of this title 15, with the right to be an agent to make, revoke, or object to anatomical gifts of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 15-19-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
C.R.S. § 15-19-210 Manner of making, amending, or revoking anatomical gift of decedent's body or part
15-19-210. Manner of making, amending, or revoking anatomical gift of decedent's body or part. (a) A person authorized to make an anatomical gift under section 15-19-209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c) of this section, an anatomical gift by a person authorized under section 15-19-209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 15-19-209 may be:
(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
C.R.S. § 15-19-211 Persons that may receive anatomical gift - purpose of anatomical gift
15-19-211. Persons that may receive anatomical gift - purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift:
(1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;
(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;
(3) An eye bank or tissue bank.
(b) If an anatomical gift to an individual under subsection (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
(g) For purposes of subsections (b), (e), and (f) of this section the following rules apply:
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
r subsection (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 15-19-205 or 15-19-210 or if the person knows that the decedent made a refusal under section 15-19-207 that was not revoked. For purposes of this subsection (j), if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in subsection (a)(2) of this section, nothing in this part 2 affects the allocation of organs for transplantation or therapy.
C.R.S. § 15-19-212 Search and notification
15-19-212. Search and notification. (Reserved)
C.R.S. § 15-19-213 Delivery of document of gift not required - right to examine
15-19-213. Delivery of document of gift not required - right to examine. (a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 15-19-211.
C.R.S. § 15-19-214 Rights and duties of procurement organization and others
15-19-214. Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of revenue and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the records of the department of revenue to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this part 2, at any time after a donor's death, the person to which a part passes under section 15-19-211 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than this part 2, an examination under subsection (c) or (d) of this section may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for any person listed in section 15-19-209 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to sections 15-19-211 (i) and 15-19-223, the rights of the person to which a part passes under section 15-19-211 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this part 2, a person that accepts an anatomical gift of an entire body may allow any form of final disposition and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 15-19-211, upon the death of the donor and before final disposition, shall cause the part to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
C.R.S. § 15-19-215 Coordination of procurement and use
15-19-215. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
C.R.S. § 15-19-216 Sale or purchase of parts prohibited
15-19-216. Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b) of this section, a person that knowingly acquires, receives, or otherwise transfers a part for valuable consideration for transplantation may be liable as specified in 42 U.S.C. sec. 274e.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
C.R.S. § 15-19-217 Other prohibited acts
15-19-217. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class 2 misdemeanor as specified in section 18-1.3-501.
C.R.S. § 15-19-218 Immunity
15-19-218. Immunity. (a) A person that acts in accordance with this part 2 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this part 2, a person may rely upon representations of an individual listed in section 15-19-209 (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
C.R.S. § 15-19-219 Law governing validity - choice of law as to execution of document of gift - presumption of validity
15-19-219. Law governing validity - choice of law as to execution of document of gift - presumption of validity. (a) A document of gift is valid if executed in accordance with:
(1) This part 2;
(2) The laws of the state or country where it was executed; or
(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
C.R.S. § 15-19-220 Donor registry
15-19-220. Donor registry. (a) The department of revenue may establish or contract for the establishment of a donor registry.
(b) The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c) A donor registry must:
(1) Allow a donor or other person authorized under section 15-19-204 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3) Be accessible for purposes of subsection (c)(1) and (c)(2) of this section seven days a week on a twenty-four-hour basis.
(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d) of this section.
C.R.S. § 15-19-221 Effect of anatomical gift on advance health-care directive - definitions
15-19-221. Effect of anatomical gift on advance health-care directive - definitions. (a) In this section:
(1) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3) "Health-care decision" means any decision regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this article to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 15-19-209. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
C.R.S. § 15-19-222 Cooperation between coroner and procurement organization
15-19-222. Cooperation between coroner and procurement organization. (a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation or therapy.
(b) Subject to section 15-19-223, if a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, the coroner or designee shall make every reasonable effort to conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift and the medicolegal death investigation.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection (c) does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
C.R.S. § 15-19-223 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
15-19-223. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner. (a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation or therapy, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
(c) A person that has any information requested by a coroner pursuant to subsection (b) of this section shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation or therapy.
(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation or therapy.
(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death or preservation or collection of evidence, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. The procurement organization shall obtain and provide the coroner with all available information which could relate to the cause or manner of the decedent's death. After consultation, the coroner may allow the recovery, or may deny or delay the recovery as provided in subsection (f), (g), or (h) of this section.
(f) The coroner, district attorney, and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner has been or might be made but the coroner or the district attorney believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death or the documentation or preservation of evidence. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, district attorney, and procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years.
tem investigation into the decedent's cause or manner of death or the documentation or preservation of evidence. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, district attorney, and procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years.
(g) In the absence of an agreement as provided in subsection (f) of this section that establishes protocols and procedures governing the relations between the coroner, district attorney, and procurement organization when an anatomical gift of an organ from a decedent whose body is under the jurisdiction of the coroner has been or might be made, and following the consultation under subsection (e) of this section, if the coroner intends to deny recovery of the organ, the coroner or designee, at the request of the procurement organization, shall view the body either at the hospital or recovery location or by electronic means, prior to making a decision whether or not to allow the procurement organization to recover the organ. After viewing the body, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death or preservation or collection of evidence, deny recovery by the procurement organization. The coroner or designee shall comply with all the requirements of this section in a manner and within a time period compatible with the preservation and purposes of the organ.
(h) In the absence of an agreement establishing protocols and procedures governing the relations between the coroner, district attorney, and procurement organization when an anatomical gift of an eye or tissues from a decedent whose body is under the jurisdiction of the coroner has been or might be made, and following the consultation under subsection (e) of this section, the coroner may allow, deny, or delay the recovery of the eye or tissues until after the collection of evidence or autopsy, in order to preserve and collect evidence, to maintain a proper chain-of-custody, or to allow an accurate determination of the decedent's cause of death. When a determination to delay the recovery of the eye or tissues is made, every effort possible shall be made by the coroner to complete the collection of evidence or autopsy in a timely manner compatible with the preservation of the eye or tissues for the purpose of transplantation or therapy.
(i) If the coroner or designee denies or delays recovery under subsection (f), (g), or (h) of this section, the coroner or designee shall:
(1) State in a record the specific reasons for not allowing recovery of the part;
(2) Include the specific reasons in the records of the coroner; and
(3) Upon request by a procurement organization, provide a record within two weeks of the date of the request with the specific reasons for not allowing recovery of the part.
(j) If the coroner or designee allows recovery of a part, in addition to any information required pursuant to the protocol under subsection (f) of this section, the procurement organization shall cooperate with the coroner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part and, upon the coroner's request, shall cause the physician or technician who removes the part to provide the coroner, as soon as practicable, with a record that includes: The names of all personnel participating in the removal of the part; a report documenting any internal or external injuries observed, any evidence observed, and describing the condition of the part; photographs or other documentation of evidence as identified in the protocol; and any other information and observations that would assist in the post mortem.
practicable, with a record that includes: The names of all personnel participating in the removal of the part; a report documenting any internal or external injuries observed, any evidence observed, and describing the condition of the part; photographs or other documentation of evidence as identified in the protocol; and any other information and observations that would assist in the post mortem.
(k) If a coroner or designee is required to be present to view the body at the hospital or recovery location under subsection (g) of this section, upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the reasonable additional cost of travel incurred in complying with subsection (g) of this section.
C.R.S. § 15-19-224 Uniformity of application and construction
15-19-224. Uniformity of application and construction. In applying and construing this part 2, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
C.R.S. § 15-19-225 Relation to "Electronic Signatures in Global and National Commerce Act"
15-19-225. Relation to "Electronic Signatures in Global and National Commerce Act". This part 2 modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (a) of that act, 15 U.S.C. sec. 7001, or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b).
C.R.S. § 15-19-301 Board for distribution of unclaimed human bodies - rules
15-19-301. Board for distribution of unclaimed human bodies - rules. (1) The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 3, to and among such institutions that, under the provisions of this part 3, are entitled to distribution. The board has full power to establish rules for its government, and to appoint and remove officers, and shall keep full and complete minutes of its transactions. Records shall also be kept, under its direction, of all bodies received and distributed by the board, and of the institutions to which the same may be distributed. The minutes and records shall be open at all times to the inspection of each member of the board and of any district attorney of any county within this state. The name of the board of distribution shall be the anatomical board of the state of Colorado, called, in this part 3, the "anatomical board". The anatomical board, in its discretion, may exempt any counties or other districts from the provisions of this part 3 for any calendar year by the rules of the board issued for that year.
(2) Repealed.
C.R.S. § 15-19-302 Duty of public officers as to unclaimed bodies
15-19-302. Duty of public officers as to unclaimed bodies. (1) All public officers, agents, and servants, and all officers, agents, and servants of every county, city, township, borough, district, and other municipality, and every almshouse, prison, morgue, hospital, or other municipal or other public institution, and all other persons having charge or control over unclaimed dead human bodies required to be buried at public expense shall use reasonable effort to ascertain if the deceased person has any relative, friend, or other representative who will assume charge of the body for burial at his or her expense. If the effort does not result in the discovery of a claimant within twenty-four hours after death, the officers, agents, or other persons shall immediately notify the anatomical board or such person as may from time to time be designated by the board as its duly authorized officer or agent, when such unclaimed body or bodies come into his or her possession, charge, or control. In any county that is entirely located more than one hundred fifty miles from any accredited medical or dental school, the minimum period of notification shall be extended to forty-eight hours. The officers, agents, or other persons, without fee or reward, shall deliver the unclaimed body to the anatomical board and permit the board or its agents to take and remove all the unclaimed bodies to be used for the advancement of medical and anatomical sciences.
(2) Notice shall be given to the anatomical board in all cases, but the body must not be delivered if any relative, by blood or marriage, has previously claimed the body for burial at the expense of the relative, in which case the body must be surrendered to the claimant for interment. Further, the body must not be delivered if any representative of a fraternal society of which the deceased was a member, or a representative of any charitable organization, or if any friend of the deceased indigent person claims the body for burial prior to delivery to the board, with the burial at the expense of the fraternal society, charitable organization, or friend. In the case of death of any person whose body is required to be buried at public expense and the duly authorized officer or agent of the anatomical board deems the body unfit for anatomical purposes, he or she shall notify the board of county commissioners or agency in charge of indigent persons in the county in which the person dies, in writing, and the board of county commissioners or agency shall direct a person to take charge of the body of the deceased indigent person, and cause it to be buried, and draw warrants upon the treasurer of the county for the payment of expenses.
(3) Warrants for the payment of the expenses of the burial of any person whose body is required to be buried at public expense must not be drawn or paid except upon the certificate of the duly authorized officer or agent of the anatomical board to the effect that the unclaimed body is unfit for anatomical purposes due to decomposition or contagious disease, and that the provisions of this part 3 have been complied with. If, through the failure of any person to deliver the body of a deceased indigent person as required by this part 3, the unclaimed body is unfit for anatomical purposes, and is certified as unfit by the duly authorized officer or agent of the anatomical board, the body must be buried in accordance with the provisions of this part 3, and the person who failed to deliver the unclaimed body shall pay to the county treasurer the expenses incurred. Upon the refusal or failure of the person, on demand, to pay the expenses, the board of county commissioners, or such other agency as may be in charge of indigent persons in the county, may bring suit to recover the expenses, and the expenses may be recovered as debts collectible by law.
C.R.S. § 15-19-303 Claiming of body - publication of notice
15-19-303. Claiming of body - publication of notice. After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, the body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the expense of the claimant, and the body shall be surrendered to the claimant without charge of any character. During the twenty-day period the board shall publish at least two notices in a newspaper of general circulation, published in the county in which the death occurred or in which the body was first discovered, stating that the body is unclaimed and giving the name of the deceased if it is known. The notice shall be published in the name of the coroner of the county.
C.R.S. § 15-19-304 Disposition of all or any portion of body after death - nonliability
15-19-304. Disposition of all or any portion of body after death - nonliability. (1) A person has a right during his or her lifetime to provide for the disposition of all or any portion of his or her body upon his or her death.
(2) No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any deceased person if the deceased person has, prior to the time of his or her death, executed a written consent to removal, and the person against whom the cause of action is alleged had no actual knowledge of any revocation of such consent.
(3) The anatomical board, or its duly authorized agent, is authorized to receive and distribute dead human bodies or parts thereof bequeathed or donated to it for the advancement of medical and anatomical sciences in the same manner as is now provided by law for the receipt and distribution of unclaimed dead human bodies; except that no publication of notice as required by section 15-19-303 shall be required.
C.R.S. § 15-19-305 Unlawful to hold autopsy
15-19-305. Unlawful to hold autopsy. It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 3, except on the request of the district attorney of the district where the body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical board, such telegraphic or telephonic consent to be verified by written consent.
C.R.S. § 15-19-306 Holding of body for twenty days
15-19-306. Holding of body for twenty days. The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding the bodies for a period of twenty days to determine if the bodies are claimed, shall distribute and deliver the unclaimed bodies on requisition to and among the institutions mentioned in this part 3, to be used for anatomical purposes as the institutions shall determine.
C.R.S. § 15-19-307 Disposition of remains
15-19-307. Disposition of remains. After the institutions to which the unclaimed bodies have been distributed by the anatomical board have completed the scientific study of the unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation.
C.R.S. § 15-19-308 Expense to be borne by institutions
15-19-308. Expense to be borne by institutions. Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving the unclaimed bodies in the manner determined by the board.
C.R.S. § 15-19-309 Penalty
15-19-309. Penalty. Any person having duties enjoined upon him or her by the provisions of this part 3 who neglects, refuses, or omits to perform the same as required in this part 3 commits a civil infraction.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.docxFetched: 10/6/2026