C.R.S. § 12-140-101 Applicability of common provisions
12-140-101. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 140.
Nontransplant Tissue Banks
C.R.S. tit. 12, art. 140
in effectC.R.S. § 12-140-102 Definitions
12-140-102. Definitions. As used in this article 140, unless the context otherwise requires:
(1) "Designee" means an individual designated by a nontransplant tissue bank registered in accordance with section 12-140-103.
(2) "Human remains" means all or any portion of the physical remains of a dead human who was born alive.
(3) (a) "Nontransplant tissue bank" means a person that, for any purpose other than transplantation into a living human being, and with the intent of further distribution, provides or engages in at least one of the following for the storage and distribution of human remains:
(I) Recovery;
(II) Collection;
(III) Acquisition;
(IV) Distribution;
(V) Screening;
(VI) Storage; or
(VII) Arrangement.
(b) "Nontransplant tissue bank" does not include:
(I) An eye bank, an organ procurement organization, or a tissue bank, as those terms are defined in section 15-19-202 (10), (16), and (31), respectively;
(II) A funeral establishment registered in accordance with section 12-135-110;
(III) A crematory registered in accordance with section 12-135-303; or
(IV) An approved medical college, as defined in section 12-240-104 (3), or similar educational institution that accepts human remains primarily for its own educational or research purposes.
C.R.S. § 12-140-103 Registration required - subject to review - repeal
12-140-103. Registration required - subject to review - repeal. (1) (a) By July 1, 2019, each nontransplant tissue bank shall register with the director in the form and manner determined by the director. The registration must include:
(I) The specific address of the nontransplant tissue bank;
(II) The full name and address of the designee appointed in accordance with subsection (2)(a) of this section;
(III) The date the nontransplant tissue bank began doing business;
(IV) The type of services provided by the nontransplant tissue bank; and
(V) A description of the nontransplant tissue bank's premises and equipment.
(b) Each nontransplant tissue bank registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(c) If a nontransplant tissue bank withdraws or does not renew its registration, for a period of three years after the end of registration, the nontransplant tissue bank shall continue to maintain on file with the director current information regarding items described in subsections (1)(a)(I) and (1)(a)(II) of this section.
(2) (a) Each nontransplant tissue bank shall appoint an individual as the designee of the nontransplant tissue bank. A designee must:
(I) Be at least eighteen years of age;
(II) Have at least two years of experience working for a nontransplant tissue bank;
(III) Be employed by the registered nontransplant tissue bank that the designee represents;
(IV) Have the authority within the nontransplant tissue bank's organization to require that personnel comply with this article 140; and
(V) Not be designated for more than one nontransplant tissue bank unless each additional nontransplant tissue bank is operated under common ownership and management and unless each additional nontransplant tissue bank is sixty miles or less from all other nontransplant tissue banks held under the same common ownership.
(b) If, after initial registration, the nontransplant tissue bank appoints a new designee in accordance with subsection (2)(a) of this section, the nontransplant tissue bank shall notify the director within thirty days after appointing the designee.
(3) To register, a person must pay the fee set pursuant to section 12-20-105.
(4) This section is repealed, effective September 1, 2033. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-140-104 Records and receipts
12-140-104. Records and receipts. (1) A nontransplant tissue bank shall furnish to a person who delivers human remains to the nontransplant tissue bank a receipt, which must be signed by both the nontransplant tissue bank and the person who delivers the human remains. The nontransplant tissue bank shall retain a copy of the receipt in its records in accordance with subsection (2) of this section. The receipt must include the following:
(a) The date and time of the delivery;
(b) The name of the person who delivered the human remains;
(c) The name of the decedent;
(d) The name of any businesses with which the person delivering the human remains is affiliated; and
(e) The name of the person who received the human remains on behalf of the nontransplant tissue bank.
(2) A nontransplant tissue bank shall maintain for at least three years at its registered location the following records:
(a) The donor's full name and address;
(b) The date of donation;
(c) Documentation of the decedent's informed consent or the consent of the person authorized by law to consent on behalf of the donor to the donation;
(d) A description of the human remains to be donated for scientific or educational purposes;
(e) Decedent medical history, including any of the following if used by the nontransplant tissue bank: Autopsy reports, donation questionnaires, and other donor or decedent solicitation materials; and
(f) Tracking documentation of the transport of and delivery of human remains.
(3) A nontransplant tissue bank shall keep complete and accurate records and make the records open for inspection by the director.
(4) A nontransplant tissue bank and its designee each shall maintain the records and receipts required by this section. If a nontransplant tissue bank withdraws or does not renew its registration, the nontransplant tissue bank and its designee shall maintain the records and receipts required by this section for a period of three years after the end of registration.
C.R.S. § 12-140-105 Standards of practice
12-140-105. Standards of practice. (1) A nontransplant tissue bank shall:
(a) Handle human remains in a safe and sanitary manner;
(b) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the nontransplant tissue bank;
(c) Affix identification to all human remains delivered to the nontransplant tissue bank and provide tracking paperwork to match the identification; and
(d) Maintain a proper chain of custody of human remains while the human remains are in the possession of the nontransplant tissue bank.
(2) A nontransplant tissue bank shall not commingle unidentified or unharvested human remains prior to transfer to a crematory or funeral establishment, as those terms are defined in section 12-135-103 (8) and (16), respectively.
(3) An incinerator that is used for the disposal of human remains and that is operated by a registered nontransplant tissue bank need not be registered under part 3 of article 135 of this title 12. The incinerator may commingle tissue from medical or educational research from multiple decedents.
(4) (a) A nontransplant tissue bank may compensate a funeral establishment for transportation of human remains and other reasonable expenses.
(b) A nontransplant tissue bank shall not compensate a funeral establishment for human remains.
(5) The donor or the person authorized by law to consent to donation may limit the sale of the donated human remains by a nontransplant tissue bank, including prohibiting sale to foreign buyers, for nonmedical research uses, or for military uses.
C.R.S. § 12-140-106 Disclosure
12-140-106. Disclosure. (1) A nontransplant tissue bank shall disclose, in clear and unambiguous terms, the following information to the donor or to the person authorized by law to consent to donation:
(a) That the donated human remains may be distributed, in whole or in part, by the nontransplant tissue bank;
(b) That the donated human remains may be returned, in whole or in part, to the nontransplant tissue bank;
(c) That the nontransplant tissue bank will be compensated for distribution of the human remains;
(d) That the donor or the person authorized by law to consent to donation is donating human remains to a nontransplant tissue bank;
(e) That the nontransplant tissue bank may sell all or any portion of the human remains;
(f) That the nontransplant tissue bank may compensate a funeral establishment for transportation of human remains and other reasonable expenses, but the nontransplant tissue bank shall not compensate a funeral establishment for human remains; and
(g) That the donor or the person authorized by law to consent to donation may limit the sale of the donated human remains by a nontransplant tissue bank, including prohibiting sale to foreign buyers, for nonmedical research uses, or for military uses.
C.R.S. § 12-140-107 Discipline
12-140-107. Discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 if the nontransplant tissue bank or applicant:
(a) Violates an order of the director, this article 140, an applicable provision of article 20 of this title 12, or the rules established under this article 140;
(b) Makes a material misstatement or omission in the registration or the application for a registration;
(c) Violates federal law, Colorado law, or an ordinance or resolution of a political subdivision of Colorado in the operation of the nontransplant tissue bank; or
(d) Has incurred disciplinary action related to the administration of a nontransplant tissue bank in another jurisdiction. Evidence of this disciplinary action is prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.
(2) Section 12-20-403 governs proceedings under this section.
C.R.S. § 12-140-108 Violations and penalties - private civil right of action
12-140-108. Violations and penalties - private civil right of action. (1) A person who violates this article 140 commits a class 1 misdemeanor.
(2) (a) A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against any person that violates section 12-140-105 or 12-140-106.
(b) If a court determines that a person subject to this article 140 violated section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall award a statutory penalty of the greater of three thousand five hundred dollars or all compensation received by the nontransplant tissue bank for the distribution of the decedent's human remains.
(c) If a court determines that a violation of section 12-140-105 or 12-140-106 was willful or wanton, the amount of the statutory penalty is tripled.
(d) The court shall award a successful plaintiff under this subsection (2) reasonable costs and attorney fees.
(e) There must be only one civil action per decedent whose human remains were donated. If multiple plaintiffs are joined in the action, the court may allocate the penalty among the plaintiffs as it deems just.
C.R.S. § 12-140-109 Rules
12-140-109. Rules. (1) The director may promulgate rules as necessary to implement this article 140. In fulfilling the requirements of section 24-4-103 (2), the director shall seek input and advice from:
(a) Persons, including any professional organization of individuals that has signed up with the department for rule-making notification, offering services that require registration pursuant to this article 140; and
(b) Consumers or consumer representatives who advocate for consumers affected by this article 140 and who have signed up with the department for rule-making notification.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026