C.R.S. § 12-135-101 Short title
12-135-101. Short title. The short title of this article 135 is the "Mortuary Science Code".
Mortuary Science Code
C.R.S. tit. 12, art. 135
in effectC.R.S. § 12-135-102 Applicability of common provisions
12-135-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 135.
C.R.S. § 12-135-103 Definitions - repeal
12-135-103. Definitions - repeal. As used in this article 135, unless the context otherwise requires:
(1) "Accredited mortuary science school" means a mortuary science school that the director determines qualifies an individual for licensure under section 12-135-602, 12-135-702, or 12-135-802.
(1.5) "Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials.
(2) "Casket" means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric.
(3) "Cremated remains" or "cremains" means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.
(4) "Cremation" or "cremate" means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container; except that "cremation" or "cremate" does not include natural reduction or to naturally reduce human remains.
(5) "Cremation chamber" means the enclosed space inside of which human remains are cremated.
(6) "Cremation container" means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber.
(7) "Cremationist" means an individual who practices as described in section 12-135-901 (1).
(8) "Crematory" means a building, facility, establishment, or structure where human remains are cremated.
(9) "Custodian" means the person with possession and control of human remains.
(10) Repealed.
(11) "Embalm" or "embalming" means the disinfection and temporary preservation of human remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance.
(12) "Embalmer" means an individual who practices as described in section 12-135-801.
(13) "Final disposition" means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.
(14) "Funeral", "funeral service", or "funeral ceremony" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present.
(15) "Funeral director" means an individual who practices as described in section 12-135-601.
(16) "Funeral establishment", "funeral home", or "mortuary" means:
(a) An establishment that holds, cares for, or prepares human remains prior to final disposition, including a crematory or embalming room; except that this subsection (16)(a) does not apply to establishments in which individuals regularly die;
(b) An establishment that holds itself out to the general public as providing funeral goods and services;
(c) Facilities used to hold, care for, or prepare human remains prior to final disposition; except that this subsection (16)(c) does not apply to facilities in which individuals regularly die; or
(d) An establishment that provides funeral or memorial services to the public for compensation.
(17) "Funeral goods" means goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services.
(18) "Funeral services" means:
(a) Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation;
(b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or
eans goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services.
(18) "Funeral services" means:
(a) Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation;
(b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or
(c) Transportation of human remains to or from a funeral establishment.
(19) "Human remains" means the physical remains of a dead human.
(20) "Implanted device" means a mechanical device that may explode or cause damage to crematory equipment.
(21) "Memorial service" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present.
(22) "Mortuary science practitioner" means an individual who practices as described in section 12-135-701.
(22.3) "Mortuary science professional" means:
(a) A funeral director;
(b) A mortuary science practitioner;
(c) An embalmer;
(d) A cremationist; or
(e) A natural reductionist.
(22.5) "Natural reduction" or "naturally reduce" has the meaning set forth in section 2-4-401 (6.9).
(22.6) "Natural reductionist" means an individual who practices as described in section 12-135-901 (2).
(23) "Next of kin" means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains.
(24) "Ossuary" means a receptacle used for the communal placement of cremated remains or naturally reduced remains, without using an urn or other container, in which cremated or naturally reduced remains are commingled with other cremated or naturally reduced remains.
(25) "Preneed contract" means a preneed contract as defined in section 10-15-102 (13).
(26) Repealed.
(27) "Processing" means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition.
(28) (a) "Provisional license" means a license issued under section 12-135-501 (4).
(b) This subsection (28) is repealed, effective January 1, 2031.
C.R.S. § 12-135-104 Funeral establishment - subcontractor
12-135-104. Funeral establishment - subcontractor. (1) A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors or agents routinely handling or caring for human remains. To comply, the notice must be given when the consumer inquires about the goods or services the funeral establishment provides and must include the names and addresses of the subcontractors, agents, or other providers; except that, if the inquiry is over the telephone, the written notice must be provided when the customer finalizes the arrangements for goods or services with the funeral establishment.
(1.5) A funeral establishment shall have a written contract with all subcontractors or agents. The contract must be signed by the establishment's designee and made, upon request, available to a consumer that is affected by the contract or the director.
(2) A funeral establishment shall retain all documents and records concerning the final disposition of human remains for at least seven years after the disposition.
C.R.S. § 12-135-105 Unlawful acts
12-135-105. Unlawful acts. (1) It is unlawful:
(a) To disinfect or preserve or to make final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or district attorney, if there is no coroner, has been first obtained;
(b) To discriminate because of race, creed, color, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the provision of funeral services;
(c) For any public officer or employee or any other person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135;
(d) For a person in the business of paying for or providing death benefits, funerals, funeral ceremonies, final dispositions, or preneed contracts to pay or provide benefits in a manner that limits the funeral establishments where the next of kin or legal representative can use those payments or benefits;
(e) For a funeral director, mortuary science practitioner, embalmer, funeral establishment, or facility in which people regularly die or the person's or facility's agent to engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortuary science practitioner, embalmer, or funeral establishment;
(f) For a county coroner to violate section 30-10-619;
(g) To transport or otherwise transfer by common carrier human remains unless:
(I) A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body for transportation and complies with applicable common carrier law; or
(II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of Colorado;
(h) To advertise as holding a degree, a certificate of registration, a professional license, or a professional certification issued by a state, political subdivision, or agency unless the person holds the degree, registration, license, or certification and it is current and valid at the time of advertisement;
(i) For a funeral director, mortuary science practitioner, or embalmer to admit or permit any person to visit the embalming, cremation, or preparation room during the time a body is being embalmed, cremated, or prepared for final disposition, unless the person:
(I) Is a funeral director, mortuary science practitioner, cremationist, or embalmer;
(II) Is an authorized employee of a funeral establishment;
(III) Has the written consent of the next of kin of the deceased person or of a person having legal authority to give permission in the absence of any next of kin;
(IV) Enters by order of a court of competent jurisdiction or is a peace officer as described in article 2.5 of title 16;
(V) Is a student enrolled in a mortuary science program;
(VI) Is a registered or licensed nurse with a medical reason to be present;
(VII) Is a licensed physician or surgeon with a medical reason to be present;
(VIII) Is a technician representing a procurement organization as defined in section 15-19-202 for purposes of an anatomical gift; or
(IX) Is the director or the director's designee;
(j) To refuse to properly and promptly release human remains, naturally reduced remains, or cremated remains to the custody of the person who has the legal right to effect the release, whether or not any costs have been paid;
(k) To tell a person that a casket is required when the expressed wish is for immediate cremation;
(l) To embalm, naturally reduce, or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required by section 12-135-106;
e custody of the person who has the legal right to effect the release, whether or not any costs have been paid;
(k) To tell a person that a casket is required when the expressed wish is for immediate cremation;
(l) To embalm, naturally reduce, or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required by section 12-135-106;
(m) To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the following:
(I) The offering or advertising of immediate cremation, natural reduction, advance funeral arrangements, or low-cost funerals;
(II) Arrangements between memorial societies and funeral industry members; or
(III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services;
(n) To engage in willfully dishonest conduct or commit negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury;
(o) To fail to include in a contract for funeral services the following statement: "FUNERAL HOMES AND CREMATORY ESTABLISHMENTS ARE REGULATED BY THE DEPARTMENT OF REGULATORY AGENCIES. TO FILE A COMPLAINT, CONTACT", along with the current address or telephone number of the department;
(p) For a person owning an indirect or a direct interest in a funeral establishment to own an indirect interest in a nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct interest in a nontransplant tissue bank;
(q) To sell or offer to sell the soil produced by the natural reduction of human remains to any person;
(r) To commingle without the consent of the person or persons with the right of final disposition, as determined by section 15-19-106, in the course of a person's business, vocation, or occupation:
(I) The soil produced by the natural reduction of the human remains of more than one person except as authorized in section 12-135-109 (5)(a); or
(II) The human remains of more than one person within the container wherein natural reduction produces soil;
(s) To use, in the course of a person's business, vocation, or occupation, the soil produced by the natural reduction of human remains to grow food for human consumption.
(2) For purposes of this section only, "next of kin" shall not include any person who is 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 involving the death of 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 subsection (2) shall not apply.
C.R.S. § 12-135-106 Care of bodies required - public health
12-135-106. Care of bodies required - public health. A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.
C.R.S. § 12-135-107 Consumer protection
12-135-107. Consumer protection. (1) A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrangers prior to selection of the casket.
(2) Before a person selects the funeral, the funeral establishment shall provide a written itemized list of the prices of all available merchandise and individual services at that funeral establishment. Full disclosure shall also be made in the case of a memorial service and as to use of funeral merchandise and facilities. In no event shall the person be required to purchase services or products contained on the itemized list that are not desired for the funeral unless the services or goods are required by law.
(3) Any statements of legal or practical requirements shall be complete and accurate, including the conditions under which embalming is required or advisable. Representations as to the use or necessity of a casket or alternative container in connection with a funeral or alternatives for final disposition shall be truthful and shall disclose all pertinent information.
(4) When quoting funeral prices, either orally, by use of a disclosure statement, or by a final bill, the funeral establishment shall only list those items as cash advances or accommodation items that are paid for or could be paid for by the next of kin in the same amount that is paid by the funeral home.
C.R.S. § 12-135-108 Violations and penalties
12-135-108. Violations and penalties. Any person who violates this part 1 or part 3 of this article 135 commits a class 1 misdemeanor.
C.R.S. § 12-135-109 Exceptions - safe harbor
12-135-109. Exceptions - safe harbor. (1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons:
(a) An officer of a public institution;
(b) An officer of a medical college, county medical society, anatomical association, or college of embalming; or
(c) A person acting under the authority of part 3 of article 19 of title 15.
(2) (a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.
(b) If human remains are refrigerated or embalmed under subsection (2)(a) of this section, the body must be interred within, frozen within, or cremated within thirty days after death or the process of natural reduction must begin within thirty days after death; except that the coroner may authorize otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation.
(c) Notwithstanding this subsection (2), upon the receipt of evidence that the human remains likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2).
(3) A person who sells or offers to sell caskets, urns, or other funeral goods, but does not provide funeral services, shall not be subject to this article 135.
(4) If a funeral director, mortuary science practitioner, or embalmer has acted in good faith, the funeral director, mortuary science practitioner, or embalmer may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:
(a) The person knows of no document expressing the deceased's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104;
(b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn each person's wishes; and
(c) The person knows of no objections to the final disposition.
(5) (a) (I) A funeral establishment, funeral director, or mortuary science practitioner may dispose of cremated or naturally reduced remains at the expense of the person with the right of final disposition one hundred eighty days after cremation or natural reduction if the person was given clear prior notice of this subsection (5)(a) and a reasonable opportunity to collect the remains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the remains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the funeral establishment, funeral director, or mortuary science practitioner.
(II) A funeral establishment, funeral director, or mortuary science practitioner may comply with this subsection (5)(a) by transferring the cremated or naturally reduced remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (5)(a).
ent, funeral director, or mortuary science practitioner may comply with this subsection (5)(a) by transferring the cremated or naturally reduced remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (5)(a).
(III) If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.
(IV) The custodian is not liable for the loss or destruction of records required to be kept by this subsection (5)(a) if the loss or destruction was not caused by the custodian's negligence.
(V) If naturally reduced remains are not claimed by the person with the right of final disposition within one hundred eighty days after natural reduction, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by returning the remains to the earth in a respectful manner.
(b) If the person was cremated prior to July 1, 2003, and the funeral director or mortuary science practitioner reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (5), the cremated remains may be disposed of in accordance with this subsection (5) notwithstanding a failure to provide the notice of the provisions of this subsection (5) to the person with the right of final disposition prior to disposing of the remains.
(6) This part 1 does not apply to or interfere with cryonic preservation of human remains if done pursuant to rule.
C.R.S. § 12-135-110 Registration required
12-135-110. Registration required. (1) Unless practicing at a registered funeral establishment pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, or embalmer, nor shall the funeral establishment sell or offer to sell funeral goods and services to the public.
(2) (a) Each funeral establishment shall register with the director using forms as determined by the director. The registration shall include the following:
(I) The specific location of the funeral establishment;
(II) The full name and address of the designee appointed pursuant to subsection (3) of this section;
(III) The date the funeral establishment began doing business; and
(IV) A list of each of the following services provided at each funeral establishment location:
(A) Refrigerating or holding human remains;
(B) Embalming human remains;
(C) Transporting human remains to or from the funeral establishment or the place of final disposition;
(D) Providing funeral goods or services to the public; and
(E) Selling preneed contracts.
(b) Each funeral establishment registration shall be renewed, according to a schedule established by the director in accordance with section 12-20-202 (1), in a form as determined by the director. At the time of renewal, each funeral establishment shall attest to whether the funeral establishment sells preneed contracts. The director shall enter into a memorandum of understanding with the commissioner of insurance to share information regarding funeral establishments that sell preneed contracts.
(c) If, after initial registration, the funeral establishment provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service.
(d) If, after initial registration, the funeral establishment appoints a new designee, the funeral establishment shall submit an amended registration within thirty days after appointing the designee.
(e) Registrations issued pursuant to this part 1 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(3) Each funeral establishment shall appoint an individual as the designee of the funeral establishment. A designee must:
(a) Be at least eighteen years of age;
(b) Have at least two years' experience working for a funeral establishment;
(c) Be employed by the registered funeral establishment that the designee represents;
(d) Have the authority within the funeral establishment's organization to require that personnel comply with this article 135;
(e) Not be designated for more than one funeral establishment; and
(f) (I) On or after January 1, 2027, be licensed as a funeral director pursuant to section 12-135-501 and part 6 of this article 135; or
(II) On or after January 1, 2027, be licensed as a mortuary science practitioner pursuant to section 12-135-501 and part 7 of this article 135.
(4) The designee shall require each person employed at the funeral establishment to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment.
(5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains.
C.R.S. § 12-135-111 Title protection
12-135-111. Title protection. (Repealed)
C.R.S. § 12-135-112 Standards of practice - embalming - transporting
12-135-112. Standards of practice - embalming - transporting. (1) A funeral establishment that performs embalming shall:
(a) Repealed.
(b) Employ universal biological hazard precautions;
(c) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains;
(d) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the funeral establishment; and
(e) Transport human remains in a safe and sanitary manner.
(2) A funeral establishment that transports human remains shall:
(a) Use a motor vehicle that is appropriate for the transportation of human remains; and
(b) Transport human remains in a safe and sanitary manner.
(3) A funeral establishment shall remove any implanted device in human remains before transporting the body to a crematory.
(4) A funeral establishment shall maintain a sanitary preparation room with sanitary flooring, drainage, ventilation, and refrigeration and other equipment necessary to maintain sanitary conditions.
C.R.S. § 12-135-113 Custody and responsibility - rules
12-135-113. Custody and responsibility - rules. (1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a) The next of kin;
(b) The county coroner or the county coroner's designee; or
(c) An authorized person at the care facility where the deceased died.
(2) A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:
(a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition;
(b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or
(c) Remains are released to another funeral establishment, crematory, repository, or entity as authorized by the person who has the right of final disposition.
(3) The director shall adopt rules implementing this section that:
(a) Establish what constitutes custody;
(b) Define "care facility", "repository", and "entity";
(c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and
(d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
(4) A funeral establishment shall not take custody of more human remains than the funeral establishment has capacity to refrigerate unless the funeral establishment maintains custody of the human remains for less than twenty-four hours.
C.R.S. § 12-135-114 Insurance requirements
12-135-114. Insurance requirements. (1) A funeral establishment shall obtain and maintain a professional liability insurance policy with liability limits of at least one million dollars. The funeral establishment must submit the certificate of professional liability insurance to the director:
(a) Within thirty days after the initial registration of the funeral establishment by the board; and
(b) Upon request by the director.
(2) A funeral establishment shall notify the board in writing within thirty days after doing any of the following for the professional liability insurance policy required by subsection (1) of this section:
(a) Changing the policy or the insurer that issues the policy; or
(b) Canceling or suspending the policy.
C.R.S. § 12-135-201 Mortuaries in cemeteries not exempt
12-135-201. Mortuaries in cemeteries not exempt. No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state that is exempt from payment of general property taxes, shall, either directly or indirectly, own, manage, conduct, or operate a funeral home or mortuary in the cemetery or mausoleum, or adjacent thereto and in connection therewith, unless the cemetery or mausoleum and funeral home or mortuary is listed for assessment purposes. The attorney general, county attorney, or any interested party may maintain injunction proceedings to prevent any violation of this section.
C.R.S. § 12-135-301 Unlawful acts
12-135-301. Unlawful acts. (1) It is unlawful for a crematory:
(a) To discriminate because of race, creed, color, religion, sex, marital status, sexual orientation, gender identity, gender expression, or national origin in the provision of funeral services;
(b) To approve or cause the final disposition of human remains in violation of this article 135;
(c) To engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortuary science practitioner, cremationist, embalmer, or funeral establishment;
(d) To advertise as holding a degree, a certificate of registration, a professional license, or a professional certification issued by a state, political subdivision, or agency unless the person holds the degree, registration, license, or certification and it is current and valid at the time of advertisement;
(e) To admit or permit any person to visit the crematory or preparation room during the time a body is being cremated or prepared for final disposition unless the person:
(I) Is a funeral director, mortuary science practitioner, or cremationist;
(II) Is an authorized employee of a crematory;
(III) Has the written consent of the next of kin of the deceased person or of a person having legal authority to give consent in the absence of any next of kin;
(IV) Enters by order of a court of competent jurisdiction or is a peace officer as described in article 2.5 of title 16;
(V) Is a student or intern enrolled in a mortuary science program;
(VI) Is a registered or licensed nurse with a medical reason to be present;
(VII) Is a licensed physician or surgeon with a medical reason to be present;
(VIII) Is a technician representing a procurement organization as defined in section 15-19-202 for purposes of an anatomical gift; or
(IX) Is the director or the director's designee;
(f) To refuse to properly and promptly release human remains to the custody of the person who has the legal right to effect the release, whether or not any costs have been paid, unless there is a good-faith dispute over who controls the right of final disposition;
(g) To cremate human remains without obtaining permission from the person with the right of final disposition;
(h) To prohibit, hinder, or restrict, or attempt to prohibit, hinder, or restrict, the following:
(I) The offering or advertising of immediate cremation, advance funeral arrangements, low-cost funerals, or low-cost cremations;
(II) Arrangements between memorial societies and funeral industry members; or
(III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services;
(i) To cremate human remains in a facility unless the facility is registered pursuant to section 12-135-303;
(j) To refuse to accept human remains that are not in a casket or to require human remains to be placed in a casket at any time;
(k) To allow a crematory operator to perform services beyond an operator's competency, training, or education;
ion concerning funeral merchandise and services;
(i) To cremate human remains in a facility unless the facility is registered pursuant to section 12-135-303;
(j) To refuse to accept human remains that are not in a casket or to require human remains to be placed in a casket at any time;
(k) To allow a crematory operator to perform services beyond an operator's competency, training, or education;
(l) To engage in willfully dishonest conduct or commit negligence in the practice of cremation or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury.
(2) For purposes of this section only, "next of kin" shall not include any person who is 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 involving the death of the deceased person. This subsection (2) shall not apply 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.
(3) It is unlawful for a person owning an indirect interest with more than ten-percent ownership in a crematory or for a person owning a direct interest in a crematory to own an indirect interest with more than ten-percent ownership in a nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct interest in a nontransplant tissue bank.
C.R.S. § 12-135-302 Exceptions - safe harbor
12-135-302. Exceptions - safe harbor. (1) If a crematory has acted in good faith, the crematory may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:
(a) The person knows of no document expressing the deceased person's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104;
(b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn each person's wishes; and
(c) The person knows of no objections to the final disposition.
(2) (a) (I) A crematory may dispose of cremains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (2)(a) and a reasonable opportunity to collect the cremains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the cremains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the crematory.
(II) A crematory may comply with this subsection (2)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (2)(a).
(III) If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a crematory may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.
(IV) The custodian is not liable for the loss or destruction of records required to be kept by this subsection (2)(a) if the loss or destruction was not caused by the custodian's negligence.
(b) If the deceased was cremated prior to July 1, 2003, and the crematory reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (2), the remains may be disposed of in accordance with this subsection (2), notwithstanding a failure to provide the notice of the provisions of this subsection (2) to the person with the right of final disposition prior to disposing of the remains.
(3) (a) This part 3 shall not apply to, nor interfere with, any custom or rite of a religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and cremate the bodies of deceased members of the religious sect if the human remains are refrigerated, frozen, or cremated within seven days after death.
(b) If human remains are refrigerated pursuant to subsection (3)(a) of this section, the body must be cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation.
C.R.S. § 12-135-303 Registration required
12-135-303. Registration required. (1) Unless practicing at a registered crematory under this section and except as provided in section 12-140-105 (3), a person shall not practice as, or offer the services of, a cremationist, nor shall the crematory sell or offer to sell funeral goods and services to the public.
(2) (a) Each crematory shall register with the director using forms as determined by the director. The registration shall include the following:
(I) The specific location of the crematory;
(II) The full name and address of the designee appointed pursuant to subsection (3) of this section;
(III) The date the crematory began doing business; and
(IV) A list of each of the following services provided at each crematory location:
(A) Refrigerating or holding human remains;
(B) Transporting human remains to or from the crematory or the place of final disposition;
(C) Providing funeral goods or services to the public;
(D) Cremating human remains; and
(E) Selling preneed contracts.
(b) Each crematory registration shall be renewed, according to a schedule established by the director, in a form as determined by the director.
(c) If, after initial registration, the crematory provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the crematory shall submit an amended registration within thirty days after beginning to provide the new service.
(d) If, after initial registration, the crematory appoints a new designee, the crematory shall submit an amended registration within thirty days after appointing the designee.
(e) Registrations issued pursuant to this part 3 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(3) Each crematory shall appoint an individual as the designee of the crematory. A designee shall:
(a) Be at least eighteen years of age;
(b) Have at least two years' experience working for a crematory;
(c) Be employed by the registered crematory that the designee represents;
(d) Have the authority within the crematory's organization to require that personnel comply with this article 135; and
(e) Not be designated for more than one crematory unless the additional establishment is operated under common ownership and management and no crematory is more than sixty miles from another establishment held under the same ownership conditions.
(4) The designee shall require each person employed at the crematory to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the crematory.
(5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains.
C.R.S. § 12-135-304 Title protection
12-135-304. Title protection. (Repealed)
C.R.S. § 12-135-305 Records and receipts
12-135-305. Records and receipts. (1) The crematory shall furnish to a person who delivers human remains to the crematory a receipt, which shall be signed by both the crematory's representative and the person who delivers the human remains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (3) of this section. The receipt shall include the following:
(a) The date and time of the delivery;
(b) The type of casket or alternative container that was delivered;
(c) The name of the person who delivered the human remains;
(d) The name of any business with which the person delivering the human remains is affiliated;
(e) The name of the person who received the human remains on behalf of the crematory; and
(f) The name of the decedent.
(2) Upon release of cremains, the crematory shall furnish to the person who receives the cremains a receipt, signed by both the crematory's representative and the person who receives the cremains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (1) of this section. The receipt shall include the following:
(a) The date and time of the release;
(b) The name of the person to whom the cremains were released;
(c) The name of the person who released the cremains on behalf of the crematory; and
(d) The name of the decedent.
(3) A crematory shall maintain, for at least five years and available at the registered location, a permanent record of each cremation occurring at the facility and copies of the receipts required by this section.
C.R.S. § 12-135-306 Limited liability
12-135-306. Limited liability. A crematory shall not be liable for any valuables delivered to the crematory if the crematory exercised reasonable care in handling and protecting the valuables.
C.R.S. § 12-135-307 Standards of practice - cremating
12-135-307. Standards of practice - cremating. (1) A crematory shall:
(a) Maintain a retort or crematory chamber that is operated at all times in a safe and sanitary manner;
(b) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains;
(c) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the crematory; and
(d) Transport human remains in a safe and sanitary manner.
(2) (a) A crematory shall not cremate human remains unless the crematory has obtained a statement containing the following from a funeral establishment, funeral director, mortuary science practitioner, or the person with the right of final disposition:
(I) The identity of the decedent;
(II) The date of death;
(III) Authorization to cremate the human remains;
(IV) The name of the person authorizing cremation and an affidavit or other document in compliance with article 19 of title 15 that the authorization complies with article 19 of title 15;
(V) A statement that the human remains do not contain an implanted device;
(VI) The name of the person authorized to receive the cremains;
(VII) A list of items delivered to the crematory along with the human remains;
(VIII) A statement as to whether the next of kin has made arrangements for a viewing or service before cremation and the date and time of any viewing or service;
(IX) A copy of the disposition permit; and
(X) A signature of a representative of any funeral establishment or the next of kin making arrangements for cremation that the representative has no actual knowledge that contradicts any information required by this subsection (2)(a).
(b) A person who signs the statement required by subsection (2)(a) of this section shall warrant the truthfulness of the facts contained therein. A person who signs the statement with actual knowledge to the contrary shall be civilly liable.
(3) (a) The crematory shall hold human remains in a cremation container and shall not remove the remains.
(b) The crematory shall cremate the human remains in a cremation container.
(c) A cremation container must:
(I) Be composed of materials suitable for cremation;
(II) Be able to be closed in order to provide a complete covering for the human remains;
(III) Be resistant to leaking or spilling;
(IV) Be rigid enough to handle with ease;
(V) Provide reasonable protection for the health and safety of crematory employees; and
(VI) Be used exclusively for the cremation of human remains.
(4) A crematory shall not cremate the human remains of more than one person within the same cremation chamber or otherwise commingle the cremains of multiple human remains unless the next of kin has signed a written authorization. No crematory is civilly liable for commingling the cremains of human remains if the next of kin has signed the written authorization.
(5) (a) A crematory shall use a tag to identify human remains and cremains. The tag must be verified, removed, and placed near the cremation chamber control panel prior to cremation. The tag must remain next to the cremation chamber until the cremation is complete.
(b) Upon the completion of each cremation, the cremationist shall remove all of the recoverable residue, insofar as is practicable, of the cremation process from the crematory and place the residue in a separate container so that the residue does not commingle with the cremated remains of other individuals. The cremationist shall dispose of accumulated residue in accordance with the regulations of a cemetery with a defined area to scatter remains and residue and any applicable local ordinances. For the purposes of this subsection (5)(b), residue does not include human ashes, bone fragments, prostheses, and disintegrated material in the chamber that is imbedded in cracks and uneven spaces of a cremation chamber and that cannot be removed through reasonable manual contact with sweeping or scraping equipment.
a defined area to scatter remains and residue and any applicable local ordinances. For the purposes of this subsection (5)(b), residue does not include human ashes, bone fragments, prostheses, and disintegrated material in the chamber that is imbedded in cracks and uneven spaces of a cremation chamber and that cannot be removed through reasonable manual contact with sweeping or scraping equipment.
(c) The processed cremains shall be placed in a temporary container or urn. Any cremains that do not fit within the enclosure shall be placed in a separate temporary container or urn. Each container shall be marked with the decedent's identity and the name of the crematory. If a temporary container is used, the crematory shall disclose that the temporary container should not be used for permanent storage.
(d) If cremated remains are shipped, the crematory shall use a method that employs an internal tracking system and obtains a signed receipt from the person accepting delivery.
(6) Cremains shall not be commingled with other cremains in final disposition or scattering without written authorization from the next of kin unless the disposition or scattering occurs within a dedicated cemetery or consecrated grounds used exclusively for those purposes.
(7) (a) A crematory shall not cremate human remains containing an implanted device. If the funeral establishment that had control of the human remains failed to ensure that a device was removed, the funeral establishment is responsible for removing the device.
(b) If the person authorizing cremation fails to inform the crematory of the presence of an implanted device, the person shall be solely liable for any resulting damage to the crematory.
C.R.S. § 12-135-308 Custody and responsibility - rules
12-135-308. Custody and responsibility - rules. (1) A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a) The next of kin;
(b) The county coroner or the county coroner's designee; or
(c) An authorized person at the care facility where the deceased died.
(2) A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:
(a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition;
(b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or
(c) Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition.
(3) The director shall adopt rules implementing this section that:
(a) Establish what constitutes custody;
(b) Define "care facility", "repository", and "entity";
(c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and
(d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
C.R.S. § 12-135-401 Powers and duties of the director - rules
12-135-401. Powers and duties of the director - rules. (1) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section 12-20-404 (1)(d); issue and send, by electronic mail that is actually received, a letter of admonition to the licensee or registrant under the circumstances specified in and in accordance with section 12-20-404 (4); issue a confidential letter of concern to the licensee or registrant under the circumstance specified in section 12-20-404 (5); place the licensee or registrant on probation pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the registration or license under this article 135 if the licensee or registrant has:
(a) Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;
(b) Had a registration or license issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice as described in sections 12-135-601, 12-135-701, 12-135-801, and 12-135-901 revoked;
(c) Violated this article 135, an applicable provision of article 20 of this title 12, or any rule of the director adopted under this article 135 or committed an act or omission specified in section 12-135-508; or
(d) Failed to respond to a complaint within the length of time specified in the notice to the registrant of the complaint.
(2) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny or revoke a registration or license if the licensee, the registrant, or the designee of a registrant has a disqualifying criminal history as described in section 12-135-503. The director shall promptly notify the licensee or registrant of the revocation.
(3) (a) (I) The director may investigate the activities of a licensee licensed pursuant to part 5 of this article 135 or a registrant registered pursuant to section 12-135-110 or 12-135-303, upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135.
(II) The director shall perform routine inspections of all funeral establishments and crematories on a periodic basis as determined by rule. The director may contract with a private party to perform these inspections.
(III) To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment or crematory with full right of ingress and egress:
(A) While the funeral establishment or crematory is registered;
(B) For a period of time, as determined by rule, after a funeral establishment's or crematory's registration has expired, has been revoked, or has been surrendered; and
(C) Upon application for a new registration.
(IV) The director shall promulgate rules determining the period of time after a registration is no longer valid during which time the director or a private party with whom the director contracts may perform inspections to ensure that the funeral establishment or crematory continues to comply with this article 135 and winds down the business without creating an undue risk to the public health.
(b) Each funeral establishment registered under section 12-135-110 or crematory registered under section 12-135-303 is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.
(c) Section 12-20-403 applies to investigations, hearings, and other proceedings under this section.
(4) The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:
or crematory registered under section 12-135-303 is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.
(c) Section 12-20-403 applies to investigations, hearings, and other proceedings under this section.
(4) The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:
(a) Investigations, examinations, hearings, meetings, or proceedings are exempt from part 4 of article 6 of title 24; and
(b) Minutes or records concerning licensing action taken are exempt from part 2 of article 72 of title 24.
(5) When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses that offers services requiring registration or licensure under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.
(6) (a) The director may promulgate reasonable rules necessary to implement this article 135.
(b) In promulgating rules under this article 135, the director is subject to article 4 of title 24.
(c) (Deleted by amendment, L.2024.)
(7) The director may impose discipline, pursuant to this section, on an applicant for registration under this article 135, a funeral establishment registered pursuant to section 12-135-110, or a crematory registered pursuant to section 12-135-303 for the acts of a person that:
(a) Is acting on behalf of the applicant, registered funeral establishment, or registered crematory; and
(b) Is an officer, a director, a member, a partner, or an owner of the applicant, registered funeral establishment, or registered crematory if:
(I) The person holds at least a ten percent interest in the applicant, registered funeral establishment, or registered crematory that is publicly traded; or
(II) The person holds an interest in the applicant, registered funeral establishment, or registered crematory that is not publicly traded.
C.R.S. § 12-135-402 Fees
12-135-402. Fees. The director shall establish and collect the fees for a registration issued under parts 1 and 3 of this article 135 pursuant to section 12-20-105.
C.R.S. § 12-135-403 Cease-and-desist orders - orders and stipulations - suspension - procedure
12-135-403. Cease-and-desist orders - orders and stipulations - suspension - procedure. (1) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
(2) The director may suspend a registration upon the failure of the registrant to comply with any condition of a stipulation or order imposed by the director until the registrant complies with the condition.
C.R.S. § 12-135-404 Civil penalty - fines
12-135-404. Civil penalty - fines. (1) On motion of the director, the court may impose a civil penalty of not more than one thousand dollars for a violation of part 1 or 3 of this article 135 or a rule promulgated under part 1 or 3 of this article 135.
(2) In addition to any other penalty that may be imposed pursuant to this section, a funeral establishment or crematory violating part 1 or 3 of this article 135 or a rule promulgated pursuant to part 1 or 3 of this article 135 may be fined no less than one hundred dollars and no more than five thousand dollars for each violation proven by the director.
C.R.S. § 12-135-405 Enforcement - injunctions
12-135-405. Enforcement - injunctions. (1) The director may forward to a district attorney or a state or federal law enforcement agency any information concerning possible violations of statute or rule under this article 135 committed by any person or complaints filed against a funeral director, mortuary science practitioner, cremationist, or embalmer.
(2) The director may seek injunctive relief in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406. The notice, hearing, or duration of an injunction or restraining order shall be made in accordance with the Colorado rules of civil procedure.
C.R.S. § 12-135-406 Repeal - subject to review
12-135-406. Repeal - subject to review. Sections 12-135-110 and 12-135-303 and this part 4 are repealed, effective September 1, 2029. Before the repeal, the regulation of persons registered to practice cremation and mortuary science is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-135-501 Licenses required - funeral director, mortuary science practitioner, embalmer, cremationist, and natural reductionist - provisional license - rules - repeal
12-135-501. Licenses required - funeral director, mortuary science practitioner, embalmer, cremationist, and natural reductionist - provisional license - rules - repeal. (1) Effective January 1, 2027, an individual shall not practice as or offer the services of any of the following unless the individual holds the appropriate license as a mortuary science professional issued pursuant to this part 5 and parts 6 to 9 of this article 135:
(a) A funeral director;
(b) A mortuary science practitioner;
(c) An embalmer;
(d) A cremationist; or
(e) A natural reductionist.
(2) The director may promulgate rules to establish application procedures and forms for issuing and renewing a license.
(3) (a) To be licensed under this section, an individual must:
(I) Submit to the director an application in the form and manner specified by and an application fee in an amount determined by the director under section 12-20-105;
(II) Obtain a criminal history record check in accordance with section 12-135-502 and not have a disqualifying criminal history or other disqualifier pursuant to section 12-135-503;
(III) Demonstrate to the director that:
(A) The applicant meets the qualification standards set forth in section 12-135-603, 12-135-703, 12-135-803, or 12-135-903 for the type of license that is the subject of the application; or
(B) The applicant qualifies for a provisional license issued in accordance with subsection (4) of this section; or
(C) The applicant qualifies for a license issued in accordance with subsection (5) of this section; and
(IV) Disclose to the director any suspension of, revocation of, or adverse action against a license, registration, or certification to practice mortuary science in another state or sign an affidavit made under penalty of perjury that attests that the applicant does not have a license, registration, or certification to practice mortuary science under suspension, revocation, or adverse action in another state.
(b) The director shall determine whether an applicant satisfies the requirements for licensure and shall either:
(I) Send the applicant a written statement of the reasons the license is denied;
(II) Issue a license to the applicant; or
(III) Offer to issue a conditional license to the applicant, in lieu of denial, in accordance with section 24-34-107 (5) and as determined by the director.
(c) This subsection (3)(c) and subsection (3)(a)(III)(B) of this section are repealed, effective January 1, 2031.
(4) (a) An individual practicing as a funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist before January 1, 2027, who does not meet the requirements set forth in section 12-135-603, 12-135-703, 12-135-803, or 12-135-903, respectively, may apply for a provisional license to allow the individual to continue practicing as a mortuary science professional. The individual must file an application for a provisional license with, and pay the required application fee to, the director no later than January 1, 2027.
(b) To be issued a provisional license, an applicant must demonstrate that the applicant:
(I) Has obtained at least four thousand hours of work experience equivalent to the work performed by a funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist, as applicable, before January 1, 2026;
(II) Has received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently with the hours described in subsection (4)(b)(I) of this section; and
(III) Has obtained a criminal history record check in accordance with section 12-135-502 and does not have a disqualifying criminal history or other disqualifier pursuant to section 12-135-503.
(c) A provisional license issued pursuant to this subsection (4) expires three years after the date of issuance. The reinstating or extending of a provisional license must be approved by the director.
and
(III) Has obtained a criminal history record check in accordance with section 12-135-502 and does not have a disqualifying criminal history or other disqualifier pursuant to section 12-135-503.
(c) A provisional license issued pursuant to this subsection (4) expires three years after the date of issuance. The reinstating or extending of a provisional license must be approved by the director.
(d) An individual holding a provisional license is subject to discipline pursuant to sections 12-135-401 and 12-135-507 for an act or omission set forth in section 12-135-508.
(e) This subsection (4) is repealed, effective January 1, 2031.
(5) (a) An individual who holds a provisional license may request a waiver of educational requirements as described in subsection (6) of this section and obtain full licensure upon completion of the examination required under section 12-135-603 (1)(b), 12-135-703 (1)(b), or 12-135-803 (1)(b) for the same practice as listed on the individual's provisional license.
(b) An individual who holds a provisional license and who has not been subject to discipline obtains a full license under this article 135 if:
(I) The individual's work has been reviewed by a qualified peer reviewer, and the individual has received the workplace learning experience described in subsection (4)(b)(II) of this section;
(II) A qualified peer reviewer certifies that the individual has completed the appropriate qualification described in subsection (5)(b)(III) of this section in compliance with this article 135 and recommends that the individual be issued a full license; and
(III) (A) Notwithstanding section 12-135-603, the individual has demonstrated that the individual has directed no fewer than twenty-five funerals;
(B) Notwithstanding section 12-135-703, the individual has demonstrated that the individual has directed no fewer than twenty-five funerals and embalmed no fewer than twenty-five human remains; or
(C) Notwithstanding section 12-135-803, the individual has demonstrated that the individual has embalmed no fewer than twenty-five human remains.
(c) To be a qualified peer reviewer for the purposes of subsection (5)(b) of this section, the qualified peer reviewer must be:
(I) Approved by the director prior to commencing review of an individual's work;
(II) A practicing mortuary science practitioner or practice in the same field as the individual being reviewed; and
(III) (A) Qualified for a full license under this article 135; or
(B) Approved by the director to be a peer reviewer, which may include an individual qualified for a provisional license. A provisional licensee who is approved to be a peer reviewer by the director may also be approved for full licensure within the profession for which they will be a peer reviewer.
(d) (I) A qualified peer reviewer shall review and discuss each documented case with the provisional licensee either virtually or in person, provide a report to the provisional licensee and the director describing the provisional licensee's work, and attest to whether the provisional licensee completed the requirements described in subsection (5)(b) of this section in compliance with this article 135 and whether the provisional licensee practiced ethically and either recommend full licensure or not recommend full licensure.
(II) A qualified peer reviewer may:
(A) Satisfy the requirements of the report virtually;
(B) Supervise as many provisional licensees as the reviewer has the capacity to appropriately supervise; or
(C) Be chosen by the provisional licensee.
(6) (a) An applicant for licensure under this part 5 may submit to the director a petition for waiver of educational requirements to allow the applicant to take the arts or science portions of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization approved by the director.
e chosen by the provisional licensee.
(6) (a) An applicant for licensure under this part 5 may submit to the director a petition for waiver of educational requirements to allow the applicant to take the arts or science portions of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization approved by the director.
(b) Upon receiving a petition for waiver, the director shall determine if a waiver is appropriate and either issue a waiver allowing the applicant to take the national board examination or a letter detailing why the waiver is not granted.
(c) This subsection (6) does not waive the examination requirements in this part 5 or parts 6 to 9 of this article 135 without the approval of the director.
(d) An applicant who receives a waiver and passes the national board examination is deemed to have met both the education and examination requirements for licensure but must also meet all other requirements to be issued a license under this part 5.
C.R.S. § 12-135-502 Criminal history record checks
12-135-502. Criminal history record checks. (1) An applicant for a license issued pursuant to this part 5 shall submit to a fingerprint-based criminal history record check. The applicant must pay the costs associated with the fingerprint-based criminal history record check.
(2) After submitting an application for a license, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant must authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(3) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days.
(4) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the director, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(5) The Colorado bureau of investigation shall return the results of its fingerprint-based criminal history record check to the director, and the director is authorized to receive the results of the federal bureau of investigation's criminal history record check. The director shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license pursuant to this part 5.
(6) (a) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of an applicant, the Colorado bureau of investigation shall inform the director, and the director may conduct a criminal history record check of the person using the Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this section.
(b) When the results of a criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
C.R.S. § 12-135-503 Criminal history - rules
12-135-503. Criminal history - rules. (1) Subject to section 24-5-101, a licensee or an applicant for a license under this part 5 has a disqualifying criminal history if the licensee or applicant has been convicted of, plead guilty to, plead nolo contendere to, or received a deferred sentence for:
(a) A felony committed in the course of and related to practicing as, interning as, or having a workplace learning experience as a funeral director, a mortuary science practitioner, an embalmer, a cremationist, or a natural reductionist;
(b) A felony committed in the course of and related to being an employee of or being an agent of a funeral establishment registered in accordance with section 12-135-110 or of a crematory registered in accordance with section 12-135-303;
(c) A violation of section 18-13-101;
(d) A felony listed in article 4 or 5 of title 18; or
(e) A violation of a statute of another state if the violation is substantially similar to a violation listed in subsection (1)(a), (1)(b), (1)(c), (1)(d), or (2) of this section.
(2) The director may promulgate rules to categorize a violation of any of the following as disqualifying criminal history under this part 5:
(a) Article 140 of this title 12;
(b) Article 15 of title 10; or
(c) Title 6.
C.R.S. § 12-135-504 License expiration - continuing education - rules
12-135-504. License expiration - continuing education - rules. (1) A license issued under this part 5 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(2) (a) To renew a license issued under this part 5, a licensee must, in accordance with the director's rules, successfully complete at least six hours of continuing education, including:
(I) One hour covering the law applicable to the type of license held by the applicant for renewal;
(II) One hour covering applicable ethics; and
(III) One hour covering public health requirements, such as universal precautions.
(b) (I) The director shall promulgate rules governing continuing education. The rules must address:
(A) The basic requirements for continuing education;
(B) Approval of qualifying continuing education classes or providers; and
(C) A system of reporting.
(II) In adopting the rules required by this subsection (2)(b), the director shall allow for a variety of methods of delivery of qualifying continuing education classes, including in-person, remote, and recorded classes, to comply with the continuing education requirements of this subsection (2).
C.R.S. § 12-135-505 Not required to be licensed
12-135-505. Not required to be licensed. (1) This part 5 does not require the following individuals to be licensed under this part 5:
(a) A funeral establishment's clerical staff;
(b) A driver who transfers deceased humans to or from a funeral establishment;
(c) An individual licensed pursuant to article 105 of this title 12 when practicing within the scope of the individual's license;
(d) Couriers; and
(e) Preneed contract counselors.
C.R.S. § 12-135-506 Title protection
12-135-506. Title protection. (1) A person shall not advertise, represent, or hold themself out as or use the title of a "mortuary science practitioner" unless the person holds a mortuary science practitioner license issued in accordance with section 12-135-501.
(2) A person shall not advertise, represent, or hold themself out as or use the title of a "funeral director" unless the person holds a funeral director license issued in accordance with section 12-135-501.
(3) A person shall not advertise, represent, or hold themself out as or use the title of an "embalmer" unless the person holds an embalmer license issued in accordance with section 12-135-501.
(4) A person shall not advertise, represent, or hold themself out as or use the title of a "cremationist" unless the person holds a cremationist license issued in accordance with section 12-135-501.
(5) A person shall not advertise, represent, or hold themself out as or use the title of a "natural reductionist" unless the person holds a natural reductionist license issued in accordance with section 12-135-501.
C.R.S. § 12-135-507 Disciplinary proceedings - investigations - hearings - judicial review - fines
12-135-507. Disciplinary proceedings - investigations - hearings - judicial review - fines. (1) (a) The director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director pursuant to section 12-20-403, this article 135, and article 4 of title 24.
(b) On completion of an investigation, the director shall find one of the following:
(I) The complaint is without merit and no further action is needed;
(II) Reasonable cause to warrant further action does not exist;
(III) The licensee engaged in conduct that does not warrant formal action but that should not be dismissed as being without merit; or
(IV) The complaint or investigation discloses misconduct by the licensee that warrants formal action.
(c) If the director makes a finding described in subsection (1)(b)(IV) of this section, the director may initiate disciplinary proceedings pursuant to subsection (3) of this section.
(2) An employer of a mortuary science professional shall report to the director a termination, disciplinary action, or resignation in lieu of termination or disciplinary action if the action was taken for conduct that violates this article 135 or a rule promulgated under this article 135.
(3) (a) The director may commence a disciplinary proceeding when the director has reasonable grounds to conclude that a licensee has committed an act or omission described in section 12-135-508 or an act that violates this article 135 or a rule promulgated under this article 135.
(b) The director shall conduct disciplinary proceedings in accordance with section 12-20-403 and article 4 of title 24.
(c) If the director finds, in accordance with article 4 of title 24, the charges proven and orders that discipline be imposed, the director shall determine the extent of the discipline.
(d) If the director finds the charges against the licensee proven and orders that discipline be imposed, the director may require, as a condition to reinstate a suspended, revoked, or denied license, that the licensee take courses of training or further education as may be needed to correct a deficiency.
(4) (a) Section 12-20-408 governs judicial review of a final action of the director.
(b) The director may bring an action for the enforcement of an order of the director in accordance with section 12-20-406.
(5) If a person commits an act that violates this article 135 or a rule promulgated under this article 135, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
C.R.S. § 12-135-508 Grounds for discipline
12-135-508. Grounds for discipline. (1) The director may take disciplinary action in accordance with sections 12-20-404, 12-135-401, and 12-135-507 against an applicant or licensee who has:
(a) Advertised, represented, or held themself out as a licensed mortuary science professional after the expiration, suspension, or revocation of their license;
(b) Falsified information in an application for a license or to renew a license under this part 5;
(c) Attempted to obtain or obtained a license by fraud, deception, or misrepresentation;
(d) Engaged in fraud, misrepresentation, deception, or cheating in taking or furnishing the results of an examination required by section 12-135-603 (1)(b), 12-135-703 (1)(b), 12-135-803 (1)(b), or 12-135-903;
(e) Fraudulently obtained or furnished or aided and abetted another person in fraudulently obtaining or furnishing:
(I) A license issued under this part 5;
(II) A renewal or reinstatement of a license issued under this part 5; or
(III) A diploma, a certificate, or a record related to a license issued under this part 5;
(f) (I) Failed to notify the director, in writing, of:
(A) The entry of a final judgment by a court in favor of another party and against the licensee for malpractice of mortuary science; or
(B) A settlement by the licensee in response to charges or allegations of malpractice of mortuary science.
(II) To comply with subsection (1)(f)(I) of this section, the licensee must:
(A) Give the notice within ninety days after the entry of the judgment or settlement; and
(B) For notice of a judgment, include the name of the court, the case number, and the names of all parties to the action.
(g) (I) A disqualifying criminal history as described in section 12-135-503.
(II) For the purposes of subsection (1)(g)(I) of this section, a certified copy of a document from a court of competent jurisdiction documenting a conviction or entry of a plea is conclusive evidence of the conviction or the plea. In considering a disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.
(h) Advertised, represented, held themself out in any manner, or used any designation in connection with an individual's name as a mortuary science professional without being licensed under this article 135;
(i) Violated or aided or abetted a violation of this article 135, article 20 or 30 of this title 12, a rule adopted under this article 135, or an order of the director;
(j) Failed to report to the director the surrender of a license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a governmental agency in another state, territory, or country, a law enforcement agency, or a court for acts that constitute grounds for discipline under this article 135 or a rule promulgated under this article 135;
(k) Committed an act that does not meet, or failed to perform an act necessary to meet, generally accepted standards of mortuary science;
(l) Used fraudulent, coercive, or dishonest practices, or demonstrated incompetence or untrustworthiness, in this state or elsewhere;
(m) Disinfected, preserved, or made final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the decedent unless the licensee has obtained the permission of the coroner, the deputy coroner, or, if there is no coroner, the district attorney;
(n) Discriminated because of race, creed, color, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, age, or ancestry in the provision of funeral services or the services of a mortuary science professional;
the licensee has obtained the permission of the coroner, the deputy coroner, or, if there is no coroner, the district attorney;
(n) Discriminated because of race, creed, color, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, age, or ancestry in the provision of funeral services or the services of a mortuary science professional;
(o) Authorized an officer of or employee of a licensee, of a registrant under section 12-135-110 or 12-135-303, or of another person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135;
(p) Paid or provided benefits in a manner that deprives the next of kin or legal representative of the right to use those payments or benefits at a funeral establishment of the customer's choice;
(q) Engaged in a business practice that interferes with the freedom of choice of the general public to choose a mortuary science professional or funeral establishment;
(r) Refused to properly and promptly release human remains, naturally reduced remains, or cremated remains to the custody of the person who has the legal right to effect the release, regardless of whether any costs have been paid;
(s) Told a person that a casket was required when the expressed wish of the decedent, next of kin, or legal representative was for immediate cremation;
(t) Embalmed, naturally reduced, or cremated human remains without obtaining permission from the person with the right of final disposition, unless otherwise required by section 12-135-106;
(u) Prohibited, hindered, or restricted or attempted to prohibit, hinder, or restrict:
(I) A person from offering or advertising immediate cremation, immediate natural reduction, advance funeral arrangements, or low-cost funerals;
(II) A person from forming or facilitating arrangements between memorial societies and funeral industry members; or
(III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services;
(v) Engaged in willfully dishonest conduct;
(w) Committed negligence that defrauded or caused injury or was likely to defraud or cause injury in the practice of cremation, natural reduction, embalming, funeral directing, or providing for final disposition;
(x) Sold or offered to sell the soil produced by the natural reduction of human remains to any person;
(y) Commingled the following without the consent of the person or persons with the right of final disposition, as determined by section 15-19-106, in the course of a person's business, vocation, or occupation:
(I) The cremated remains of more than one person, except as authorized in section 12-135-109;
(II) The soil produced by the natural reduction of the human remains of more than one person, except as authorized in section 12-135-109;
(III) The cremated remains of more than one person within a cremation chamber; or
(IV) The human remains of more than one person within a container used to naturally reduce human remains to produce soil; or
(z) Used, in the course of a person's business, vocation, or occupation, the soil produced by the natural reduction of human remains to grow food for human consumption.
(2) (a) For purposes of this section only and except as provided in subsection (2)(b) of this section, "next of kin" does not include a person who is arrested on suspicion of having committed, is charged with, or has been convicted of a felony offense specified in part 1 of article 3 of title 18 involving the death of the decedent.
(b) Subsection (2)(a) of this section does not apply if, before final disposition of the deceased person's human remains, charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime.
C.R.S. § 12-135-509 Liberal construction
12-135-509. Liberal construction. This part 5 and parts 6 to 9 of this article 135 must be liberally construed to effectuate their purposes and to protect consumers.
C.R.S. § 12-135-510 Repeal of part - subject to review
12-135-510. Repeal of part - subject to review. This part 5 and parts 6 to 9 of this article 135 are repealed, effective September 1, 2031. Before the repeal, this part 5 and parts 6 to 9 of this article 135 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-135-601 Practice of a funeral director described - definition
12-135-601. Practice of a funeral director described - definition. (1) As used in this part 6, "services concerning the final disposition of human remains" includes funeral services, embalming, cremation, natural reduction, and removal of human remains from the state.
(2) (a) The practice of a funeral director consists of performing the following acts for compensation:
(I) Selling or offering to sell services concerning the final disposition of human remains on an at-need basis;
(II) Planning, arranging, or offering to plan or arrange, on an at-need basis, the details of services concerning the final disposition of human remains and establishing the type of services to be rendered;
(III) Making, negotiating, completing, or offering to make, negotiate, or complete the financial arrangements for services concerning the final disposition of human remains on an at-need basis; except that nonlicensed personnel may assist the funeral director in performing such tasks;
(IV) Directly or indirectly directing, being in charge or apparent charge of, supervising, or offering to direct, be in charge of, or supervise:
(A) A visitation or viewing of human remains;
(B) A funeral service; or
(C) A memorial service, if the memorial service is sold or arranged by a licensee;
(V) Managing or supervising the operation of a funeral establishment, except for administrative matters, such as budgeting, accounting and personnel, maintenance of buildings, equipment, and grounds, and routine clerical and record-keeping functions; or
(VI) Using, in connection with one's name or employment:
(A) The word "funeral director", "undertaker", or "mortician"; or
(B) A word, title, or combination of words, titles, or pictures that when considered in the context in which they are used would imply that the person is engaged in the practice of a funeral director or that the person is holding themself out to the public as being engaged in the practice of a funeral director.
(b) (I) Subsection (2)(a)(IV)(A) of this section does not require an individual to be licensed to conduct a visitation or viewing if a licensed funeral director or licensed mortuary science practitioner is readily available for consultation.
(II) Subsection (2)(a)(VI) of this section does not prevent a person from using the name of an owner, officer, or corporate director of a funeral establishment, notwithstanding that the person does not hold a license, in connection with the name of the funeral establishment with which the person is affiliated, so long as the person's affiliation is properly specified.
(3) The practice of a funeral director does not include:
(a) (I) Transmitting, by telephone, by fax, or electronically, obituary notices;
(II) Ordering flowers or merchandise;
(III) Delivering death certificates to attending physicians;
(IV) Clerical preparation and processing of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director; or
(V) An act that is incidental to any of the functions specified in this subsection (3)(a);
(b) Furnishing standard, printed price lists and disclosure information to the public by providing the information to persons making an inquiry;
(c) Arranging, coordinating, or employing, in connection with the final disposition of human remains, removal services, registered refrigeration facilities, or registered centralized embalming facilities;
(d) Any aspect of making preneed funeral arrangements or entering into preneed contracts; or
(e) Functions normally performed by cemetery or crematory personnel.
(4) (a) An individual licensed under this part 6 may delegate tasks, as determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.
f making preneed funeral arrangements or entering into preneed contracts; or
(e) Functions normally performed by cemetery or crematory personnel.
(4) (a) An individual licensed under this part 6 may delegate tasks, as determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.
(b) A licensee is responsible for ensuring that a delegatee has the experience, education, and training necessary to perform delegated tasks.
(c) A licensee retains responsibility for any tasks delegated under this subsection (4).
(d) A licensee shall not delegate the following tasks:
(I) Any task involving handling human remains; except that this subsection (4)(d)(I) does not apply to transporting human remains;
(II) Signing contracts or other legal documents that involve compensation for funeral goods or services; or
(III) Oversight of a funeral home or crematory operations related to the final disposition of human remains.
C.R.S. § 12-135-602 License required
12-135-602. License required. On and after January 1, 2027, an individual who engages in the practice of a funeral director must be licensed by the director as a funeral director or mortuary science practitioner in accordance with part 5 of this article 135 and this part 6 or part 7 of this article 135, as applicable.
C.R.S. § 12-135-603 Qualifications - examination - licensure - rules
12-135-603. Qualifications - examination - licensure - rules. (1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a funeral director license, an applicant must:
(a) Have graduated from an accredited mortuary science school;
(b) Have successfully passed the arts section of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c) Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
C.R.S. § 12-135-701 Practice of a mortuary science practitioner described - rules
12-135-701. Practice of a mortuary science practitioner described - rules. (1) The practice of a mortuary science practitioner consists of performing or offering to perform any of the following acts for compensation:
(a) The practice of a funeral director as described in section 12-135-601 (2);
(b) The practice of an embalmer as described in section 12-135-801 (1);
(c) The practice of a cremationist as described in section 12-135-901 (1);
(d) The practice of a natural reductionist as described in section 12-135-901 (2); or
(e) Using any word or abbreviation to indicate or induce others to believe that one is licensed to practice as a mortuary science practitioner.
(2) (a) An individual licensed under this part 7 may delegate tasks, as determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.
(b) A licensee is responsible for ensuring that a delegatee has the experience, education, and training necessary to perform delegated tasks.
(c) A licensee retains responsibility for any tasks delegated under this subsection (2).
(d) A licensee shall not delegate the following tasks:
(I) Any task involving handling human remains; except that this subsection (2)(d)(I) does not apply to transporting human remains;
(II) Signing contracts or other legal documents that involve compensation for funeral goods or services; or
(III) Oversight of a funeral home or crematory operations related to the final disposition of human remains.
C.R.S. § 12-135-702 License required
12-135-702. License required. On and after January 1, 2027, except as otherwise provided in part 6, 8, or 9 of this article 135, an individual who engages in the practice of a mortuary science practitioner must be licensed by the director as a mortuary science practitioner in accordance with this part 7 and part 5 of this article 135.
C.R.S. § 12-135-703 Qualifications - examination - licensure - rules
12-135-703. Qualifications - examination - licensure - rules. (1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a mortuary science practitioner license, the applicant must:
(a) Have graduated from an accredited mortuary science school;
(b) Have successfully passed both the arts and science sections of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c) Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
C.R.S. § 12-135-801 Practice of an embalmer described
12-135-801. Practice of an embalmer described. (1) The practice of an embalmer consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a) Temporarily disinfecting and preserving human remains by chemically treating the human remains to:
(I) Reduce the presence and growth of organisms; or
(II) Retard organic decomposition;
(b) Disinfecting and preserving human remains by the use of or application of chemical substances that are ordinarily used for, prepared for, or intended for disinfection or preservation by:
(I) Introducing the chemical substances into the human remains by vascular or hypodermic injection; or
(II) Directly introducing chemical substances into the organs or cavities of the human remains; or
(c) Using the title "embalmer" or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice as an embalmer.
(2) The practice of an embalmer does not include:
(a) Setting features for the purpose of identifying unembalmed human remains; or
(b) Disinfecting human remains through nonarterial methods.
C.R.S. § 12-135-802 License required
12-135-802. License required. On and after January 1, 2027, except as provided in part 7 of this article 135, an individual who engages in the practice of an embalmer must be licensed by the director as an embalmer in accordance with this part 8 and part 5 of this article 135.
C.R.S. § 12-135-803 Qualifications - examination - licensure - rules
12-135-803. Qualifications - examination - licensure - rules. (1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain an embalmer license, the applicant must:
(a) Have graduated from an accredited mortuary science school;
(b) Have successfully passed the science section of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c) Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
C.R.S. § 12-135-901 Practice of a cremationist described - practice of a natural reductionist described
12-135-901. Practice of a cremationist described - practice of a natural reductionist described. (1) The practice of a cremationist consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a) Preparing human remains for cremation;
(b) Cremating human remains; or
(c) Using any word or abbreviation to indicate or induce others to believe that one is licensed to practice as a cremationist.
(2) The practice of a natural reductionist consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a) Preparing human remains for natural reduction;
(b) Natural reduction of human remains; or
(c) Using any other word or abbreviation to indicate or induce others to believe that one is licensed to practice as a natural reductionist.
C.R.S. § 12-135-902 License required
12-135-902. License required. (1) On and after January 1, 2027, except as provided in part 7 of this article 135:
(a) An individual who engages in the practice of a cremationist must be licensed by the director as a cremationist in accordance with this part 9 and part 5 of this article 135; and
(b) An individual who engages in the practice of a natural reductionist must be licensed by the director as a natural reductionist in accordance with this part 9 and part 5 of this article 135.
C.R.S. § 12-135-903 Qualifications - examinations - rules
12-135-903. Qualifications - examinations - rules. (1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a cremationist license, the applicant must have received official certification as a crematory operator from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.
(2) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a natural reductionist license, the applicant must have received official certification as a natural reductionist from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.
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