Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0082.02 Jery Payne x2157
SENATE BILL 24-173
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF PERSONS PROVIDING MORTUARY101
SCIENCE SERVICES, AND, IN CONNECTION THEREWITH , MAKING
102
AN APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires an individual to obtain a license to practice as a
funeral director, a mortuary science practitioner, an embalmer, a
cremationist, or a natural reductionist (mortuary science professional).
The director of the division of professions and occupations (director) will
promulgate rules on licensing mortuary science professionals. To be
HOUSE
Amended 2nd Reading
April 30, 2024
SENATE
3rd Reading Unamended
April 15, 2024
SENATE
Amended 2nd Reading
April 12, 2024
SENATE SPONSORSHIP
Roberts and Gardner, Hinrichsen, Marchman, Bridges, Buckner, Coleman, Danielson,
Exum, Fields, Ginal, Jaquez Lewis, Kolker, Michaelson Jenet, Mullica, Priola, Rodriguez,
Winter F., Zenzinger
HOUSE SPONSORSHIP
Soper and Titone,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. licensed, an individual must submit an application, pay an application fee,
obtain a fingerprint-based criminal history record check, not have been
subject to discipline in another state or convicted of a disqualifying crime,
and meet the following qualifications:
! For a funeral director, the applicant must have graduated
from an approved mortuary science school, have
successfully passed the arts section of the national board
examination, and have served an apprenticeship of one year
or longer;
! For a mortuary science practitioner, the applicant must
have graduated from an approved mortuary science school,
have successfully passed both the arts and science sections
of the national board examination, and have served an
apprenticeship of one year or longer;
! For an embalmer, the applicant must have graduated from
an approved mortuary science school, have successfully
passed the science section of the national board
examination, and have served an apprenticeship of one year
or longer; and
! For a cremationist or natural reductionist, 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, or a successor organization.
The bill grants an applicant who is a current practitioner a
provisional license if the applicant does not meet these requirements. To
obtain a provisional license, the applicant must have obtained at least
6,500 hours of work experience, have served an apprenticeship of one
year or longer, and pass a fingerprint-based criminal history record check.
If an individual holds a provisional license at least 24 months without
being subject to discipline, the person qualifies for full licensure.
Administrative procedures for license renewal and fees are
established. A license holder must obtain 6 hours of continuing education
to renew a license. The continuing education must include:
! One hour covering the applicable law;
! One hour covering applicable ethics; and
! One hour covering public health requirements.
The current law covering title protection is updated to require a
person to hold the appropriate license to use the title "funeral director",
"mortuary science practitioner", "embalmer", "cremationist", or " natural
reductionist".
The director may investigate and discipline license holders. The
bill establishes grounds for disciplining an applicant or license holder and
authorizes the director to take the following disciplinary actions against
an applicant or a license holder:
173
-2- ! Refuse to issue a license or impose conditions on a license;
! Suspend or revoke a license;
! Issue a letter of admonition;
! Issue a confidential letter of concern;
! Require additional training; or
! Impose a fine not to exceed $5,000 per violation.
The director may seek an injunction to stop violations of the bill.
An employer of a mortuary science professional must report to the
director any termination, disciplinary action, or resignation if any of these
actions were taken for conduct that violates the bill. The director may
bring an action for the enforcement of an order of the director.
The regulation of the practice of a mortuary science professional
sunsets on September 1, 2031. Before the repeal, the regulation will
undergo a sunset review and report.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-135-103, amend2
(1),
(7), (12), (15), and (22); repeal (10) and (26); and add (1.5), (22.3),3
(22.6), and (28) as follows:4
12-135-103. Definitions - repeal. As used in this article 135,5
unless the context otherwise requires:6
(1) "Alternative container" means a nonmetal receptacle or7
enclosure, without ornamentation or a fixed interior lining, that is8
designed for the encasement of human remains and is made of fiberboard,9
pressed wood, composition materials, or other similar materials10
"A
CCREDITED MORTUARY SCIENCE SCHOOL " MEANS A MORTUARY SCIENCE
11
SCHOOL THAT THE DIRECTOR DETERMINES QUALIFIES AN INDIVIDUAL FOR12
LICENSURE UNDER SECTION 12-135-602, 12-135-702, OR 12-135-802.13
(1.5) "A
LTERNATIVE CONTAINER " MEANS A NONMETAL
14
RECEPTACLE OR ENCLOSURE , WITHOUT ORNAMENTATION OR A FIXED15
INTERIOR LINING, THAT IS DESIGNED FOR THE ENCASEMENT OF HUMAN16
REMAINS AND IS MADE OF FIBERBOARD , PRESSED WOOD, COMPOSITION17
173-3- MATERIALS, OR OTHER SIMILAR MATERIALS.1
(7) "Cremationist" means a person who cremates or prepares for2
cremation human remains AN INDIVIDUAL WHO PRACTICES AS DESCRIBED3
IN SECTION 12-135-901 (1).4
(10) "Designee" means an individual designated by a funeral5
establishment registered in accordance with section 12-135-110 or6
12-135-303.7
(12) "Embalmer" means any person who embalms, or prepares for8
embalming, human remains for compensation AN INDIVIDUAL WHO9
PRACTICES AS DESCRIBED IN SECTION 12-135-801.10
(15) "Funeral director" means a person who, for compensation: AN11
INDIVIDUAL WHO PRACTICES AS DESCRIBED IN SECTION 12-135-601.12
(a) Arranges, directs, or supervises funerals, memorial services,13
or graveside services; or14
(b) Prepares human remains for final disposition by means other15
than embalming.16
(22) "Mortuary science practitioner" means a person who, for17
compensation, does the following or offers to do the following: AN18
INDIVIDUAL WHO PRACTICES AS DESCRIBED IN SECTION 12-135-701.19
(a) Embalms or cremates human remains;20
(b) Arranges, directs, or supervises funerals, memorial services,21
or graveside services; or22
(c) Prepares human remains for final disposition, not including23
preparing the remains for natural reduction.24
(22.3) "M
ORTUARY SCIENCE PROFESSIONAL " MEANS:25
(a) A
FUNERAL DIRECTOR;26
(b) A
MORTUARY SCIENCE PRACTITIONER ;27
173
-4- (c) AN EMBALMER;1
(d) A
CREMATIONIST; OR2
(e) A
NATURAL REDUCTIONIST.3
(22.6) "N
ATURAL REDUCTIONIST" MEANS AN INDIVIDUAL WHO4
PRACTICES AS DESCRIBED IN SECTION 12-135-901
(2).5
(26) "Preparation of the body" means embalming, washing,6
disinfecting, shaving, dressing, restoring, casketing, positioning, caring7
for the hair of or applying cosmetics to human remains.8
(28) (a) "P
ROVISIONAL LICENSE" MEANS A LICENSE ISSUED UNDER9
SECTION 12-135-501 (4).10
(b) T
HIS SUBSECTION (28) IS REPEALED, EFFECTIVE JANUARY 1,11
2031.12
SECTION 2. In Colorado Revised Statutes, add with amended13
and relocated provisions parts 5, 6, 7, 8, and 9 to article 135 of title 1214
as follows:15
PART 516
LICENSING OF MORTUARY SCIENCE PROFESSIONALS17
12-135-501. Licenses required - funeral director, mortuary18
science practitioner, embalmer, cremationist, and natural19
reductionist - provisional license - rules - repeal. (1) E
FFECTIVE20
J
ANUARY 1,
2027, AN INDIVIDUAL SHALL NOT PRACTICE AS OR OFFER THE21
SERVICES OF ANY OF THE FOLLOWING UNLESS THE INDIVIDUAL HOLDS THE22
APPROPRIATE LICENSE AS A MORTUARY SCIENCE PROFESSIONAL ISSUED23
PURSUANT TO THIS PART 5 AND PARTS 6 TO 9 OF THIS ARTICLE 135:24
(a) A
FUNERAL DIRECTOR;25
(b) A
MORTUARY SCIENCE PRACTITIONER ;26
(c) A
N EMBALMER;27
173
-5- (d) A CREMATIONIST; OR1
(e) A
NATURAL REDUCTIONIST.2
(2) T
HE DIRECTOR MAY PROMULGATE RULES TO ESTABLISH
3
APPLICATION PROCEDURES AND FORMS FOR ISSUING AND RENEWING A4
LICENSE.5
(3) (a) T
O BE LICENSED UNDER THIS SECTION , AN INDIVIDUAL6
MUST:7
(I) S
UBMIT TO THE DIRECTOR AN APPLICATION IN THE FORM AND
8
MANNER SPECIFIED BY AND AN APPLICATION FEE IN AN AMOUNT9
DETERMINED BY THE DIRECTOR UNDER SECTION 12-20-105;10
(II) O
BTAIN A CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE11
WITH SECTION 12-135-502 AND NOT HAVE A DISQUALIFYING CRIMINAL12
HISTORY OR OTHER DISQUALIFIER PURSUANT TO SECTION 12-135-503;13
(III) D
EMONSTRATE TO THE DIRECTOR THAT :14
(A) T
HE APPLICANT MEETS THE QUAL IFICATION STANDARDS SET15
FORTH IN SECTION 12-135-603, 12-135-703, 12-135-803, OR 12-135-90316
FOR THE TYPE OF LICENSE THAT IS THE SUBJECT OF THE APPLICATION ; OR17
(B) T
HE APPLICANT QUALIFIES FOR A PROVISIONAL LICENSE ISSUED18
IN ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION; OR19
(C) T
HE APPLICANT QUALIFIES FOR A LICENSE ISSUED IN20
ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION; AND21
(IV) D
ISCLOSE TO THE DIRECTOR ANY SUSPENSION OF ,
22
REVOCATION OF, OR ADVERSE ACTION AGAINST A LICENSE, REGISTRATION,23
OR CERTIFICATION TO PRACTICE MORTUARY SCIENCE IN ANOTHER STATE24
OR SIGN AN AFFIDAVIT MADE UNDER PE NALTY OF PERJURY THAT ATTESTS25
THAT THE APPLICANT DOES NOT HAVE A LICENSE , REGISTRATION, OR26
CERTIFICATION TO PRACTICE MORTUARY SCIENCE UNDER SUSPENSION ,27
173
-6- REVOCATION, OR ADVERSE ACTION IN ANOTHER STATE.1
(b) T
HE DIRECTOR SHALL DETERMINE WHETHER AN APPLICANT2
SATISFIES THE REQUIREMENTS FOR LICENSURE AND SHALL EITHER :3
(I) S
END THE APPLICANT A WRITTEN STATEMENT OF THE REASONS4
THE LICENSE IS DENIED;5
(II) I
SSUE A LICENSE TO THE APPLICANT; OR6
(III) O
FFER TO ISSUE A CONDITIONAL LICENSE TO THE APPLICANT ,7
IN LIEU OF DENIAL, IN ACCORDANCE WITH SECTION 24-34-107 (5) AND AS8
DETERMINED BY THE DIRECTOR .9
(c) T
HIS SUBSECTION (3)(c) AND SUBSECTION (3)(a)(III)(B) OF10
THIS SECTION ARE REPEALED, EFFECTIVE JANUARY 1, 2031.11
(4) (a) A
N INDIVIDUAL PRACTICING AS A FUNERAL DIRECTOR ,12
MORTUARY SCIENCE PRACTITIONER , EMBALMER, CREMATIONIST, OR13
NATURAL REDUCTIONIST BEFORE JANUARY 1,
2027, WHO DOES NOT MEET14
THE REQUIREMENTS SET FORTH IN SECTION 12-135-603, 12-135-703,15
12-135-803,
OR 12-135-903, RESPECTIVELY, MAY APPLY FOR A16
PROVISIONAL LICENSE TO ALLOW THE INDIVIDUAL TO CONTINUE17
PRACTICING AS A MORTUARY SCIENCE PROFESSIONAL . THE INDIVIDUAL18
MUST FILE AN APPLICATION FOR A PROVISIONAL LICENSE WITH , AND PAY19
THE REQUIRED APPLICATION FEE TO , THE DIRECTOR NO LATER THAN20
J
ANUARY 1,
2027.21
(b) T
O BE ISSUED A PROVISIONAL LICENSE, AN APPLICANT MUST22
DEMONSTRATE THAT THE APPLICANT :23
(I) H
AS OBTAINED AT LEAST FOUR THOUSAND
HOURS OF WORK24
EXPERIENCE EQUIVALENT TO THE WORK PERFORMED BY A FUNERAL25
DIRECTOR, MORTUARY SCIENCE PRACTITIONER , EMBALMER ,26
CREMATIONIST, OR NATURAL REDUCTIONIST , AS APPLICABLE, BEFORE27
173
-7- JANUARY 1, 2026;1
(II) H
AS RECEIVED WORKPLACE LEARNING EXPERIENCE ,
AS2
DEFINED BY THE DIRECTOR IN RULE, OF ONE YEAR OR LONGER THAT MAY3
BE RECEIVED CONCURRENTLY WITH THE HOURS DESCRIBED IN SUBSECTION4
(4)(b)(I)
OF THIS SECTION;
AND5
(III) H
AS OBTAINED A CRIMINAL HISTORY RECORD CHECK IN6
ACCORDANCE WITH SECTION 12-135-502 AND DOES NOT HAVE A7
DISQUALIFYING CRIMINAL HISTORY OR OTHER DIS QUALIFIER PURSUANT TO8
SECTION 12-135-503.9
(c) A
PROVISIONAL LICENSE ISSUED PURSUANT TO THIS10
SUBSECTION (4) EXPIRES THREE YEARS AFTER THE DATE OF ISSUANCE. THE
11
REINSTATING OR EXTENDING OF A PROVISIONAL LICENSE MUST BE12
APPROVED BY THE DIRECTOR.13
(d) A
N INDIVIDUAL HOLDING A PROVISIONAL LICENSE IS SUBJECT14
TO DISCIPLINE PURSUANT TO SECTIONS 12-135-401 AND 12-135-507 FOR15
AN ACT OR OMISSION SET FORTH IN SECTION 12-135-508.16
(e) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1,17
2031.18
(5) (a) A
N INDIVIDUAL WHO HOLDS A PROVISIONAL LICENSE MAY
19
REQUEST A WAIVER OF EDUCATIONAL REQUIREMENTS AS DESCRIBED IN20
SUBSECTION (6) OF THIS SECTION AND OBTAIN FULL LICENSURE UPON21
COMPLETION OF THE EXAMINATION REQUIRED UNDER SECTION 12-135-60322
(1)(b), 12-135-703 (1)(b),
OR 12-135-803 (1)(b) FOR THE SAME PRACTICE
23
AS LISTED ON THE INDIVIDUAL'S PROVISIONAL LICENSE.24
(b) AN INDIVIDUAL WHO HOLDS A PROVISIONAL LICENSE AND WHO25
HAS NOT BEEN SUBJECT TO DISCIPLINE OBTAINS A FULL LICENSE UNDER26
THIS ARTICLE 135 IF:27
173
-8- (I) THE INDIVIDUAL'S WORK HAS BEEN REVIEWED BY A QUALIFIED1
PEER REVIEWER, AND THE INDIVIDUAL HAS RECEIVED THE WORKPLACE2
LEARNING EXPERIENCE DESCRIBED IN SUBSECTION (4)(b)(II) OF THIS3
SECTION;4
(II) A QUALIFIED PEER REVIEWER CERTIFIES THAT THE INDIVIDUAL5
HAS COMPLETED THE APPROPRIATE QUALIFICATION DESCRIBED IN6
SUBSECTION (5)(b)(III) OF THIS SECTION IN COMPLIANCE WITH THIS7
ARTICLE 135 AND RECOMMENDS THAT THE INDIVIDUAL BE ISSUED A FULL8
LICENSE; AND9
(III) (A) NOTWITHSTANDING SECTION 12-135-603, THE10
INDIVIDUAL HAS DEMONSTRATED THAT THE INDIVIDUAL HAS DIRECTED NO11
FEWER THAN TWENTY-FIVE FUNERALS;12
(B) NOTWITHSTANDING SECTION 12-135-703, THE INDIVIDUAL HAS13
DEMONSTRATED THAT THE INDIVIDUAL HAS DIRECTED NO FEWER THAN14
TWENTY-FIVE FUNERALS AND EMBALMED NO FEWER THAN TWENTY-FIVE15
HUMAN REMAINS; OR16
(C) NOTWITHSTANDING SECTION 12-135-803, THE INDIVIDUAL HAS17
DEMONSTRATED THAT THE INDIVIDUAL HAS EMBALMED NO FEWER THAN18
TWENTY-FIVE HUMAN REMAINS.19
(c) TO BE A QUALIFIED PEER REVIEWER FOR THE PURPOSES OF20
SUBSECTION (5)(b) OF THIS SECTION, THE QUALIFIED PEER REVIEWER MUST21
BE:22
(I) APPROVED BY THE DIRECTOR PRIOR TO COMMENCING REVIEW23
OF AN INDIVIDUAL'S WORK;24
(II) A PRACTICING MORTUARY SCIENCE PRACTITIONER OR25
PRACTICE IN THE SAME FIELD AS THE INDIVIDUAL BEING REVIEWED ; AND26
(III) (A) QUALIFIED FOR A FULL LICENSE UNDER THIS ARTICLE 135;27
173
-9- OR1
(B) APPROVED BY THE DIRECTOR TO BE A PEER REVIEWER, WHICH2
MAY INCLUDE AN INDIVIDUAL QUALIFIED FOR A PROVISIONAL LICENSE. A3
PROVISIONAL LICENSEE THAT IS APPROVED TO BE A PEER REVIEWER BY THE4
DIRECTOR MAY ALSO BE APPROVED FOR FULL LICENSURE WITHIN THE5
PROFESSION FOR WHICH THEY WILL BE A PEER REVIEWER .6
(d) (I) A QUALIFIED PEER REVIEWER SHALL REVIEW AND DISCUSS7
EACH DOCUMENTED CASE WITH THE PROVISIONAL LICENSEE EITHER8
VIRTUALLY OR IN PERSON, PROVIDE A REPORT TO THE PROVISIONAL9
LICENSEE AND THE DIRECTOR DESCRIBING THE PROVISIONAL LICENSEE'S10
WORK, AND ATTEST TO WHETHER THE PROVISIONAL LICENSEE COMPLETED11
THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS SECTION IN12
COMPLIANCE WITH THIS ARTICLE 135 AND WHETHER THE PROVISIONAL13
LICENSEE PRACTICED ETHICALLY AND EITHER RECOMMEND FULL14
LICENSURE OR NOT RECOMMEND FULL LICENSURE .15
(II) A QUALIFIED PEER REVIEWER MAY:16
(A) SATISFY THE REQUIREMENTS OF THE REPORT VIRTUALLY ;17
(II) SUPERVISE AS MANY PROVISIONAL LICENSEES AS THE18
REVIEWER HAS THE CAPACITY TO APPROPRIATELY SUPERVISE ; OR19
(III) BE CHOSEN BY THE PROVISIONAL LICENSEE . 20
(6) (a) A
N APPLICANT FOR LICENSURE UNDER THIS PART 5 MAY
21
SUBMIT TO THE DIRECTOR A PETITION FOR WAIVER OF EDUCATIONAL22
REQUIREMENTS TO ALLOW THE APPLICANT TO TAKE THE ARTS OR SCIENCE23
PORTIONS OF THE NATIONAL BOARD EXAMINATION ADMINISTERED BY THE24
I
NTERNATIONAL CONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS
25
OR BY A SUCCESSOR ORGANIZATION APPROVED BY THE DIRECTOR .26
(b) U
PON RECEIVING A PETITION FOR WAIVER , THE DIRECTOR
27
173
-10- SHALL DETERMINE IF A WAIVER IS APPROPRIATE AND EITHER ISSUE A1
WAIVER ALLOWING THE APPLICANT TO TAKE THE NATIONAL BOARD2
EXAMINATION OR A LETTER DETAILING WHY THE WAIVER IS NOT GRANTED .3
(c) T
HIS SUBSECTION (6) DOES NOT WAIVE THE EXAMINATION
4
REQUIREMENTS IN THIS PART 5 OR PARTS 6 TO 9 OF THIS ARTICLE 1355
WITHOUT THE APPROVAL OF THE DIRECTOR .6
(d) A
N APPLICANT WHO RECEIVES A WAIVER AND PASSES THE
7
NATIONAL BOARD EXAMINATION IS DEEMED TO HAVE MET BOTH THE8
EDUCATION AND EXAMINATION REQUIREMENTS FOR LICENSURE BUT MUST9
ALSO MEET ALL OTHER REQUIREMENTS TO BE ISSUED A LICENSE UNDER10
THIS PART 5.11
12-135-502. Criminal history record checks. (1) A
N APPLICANT12
FOR A LICENSE ISSUED PURSUANT TO THIS PART 5 SHALL SUBMIT TO A13
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE APPLICANT14
MUST PAY THE COSTS ASSOCIATED WITH THE FINGERPRINT -BASED15
CRIMINAL HISTORY RECORD CHECK .16
(2) A
FTER SUBMITTING AN APPLICATION FOR A LICENSE , THE17
APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS TAKEN BY A18
LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE19
C
OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING20
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE APPLICANT21
MUST AUTHORIZE THE ENTITY TAKING THE APPLICANT 'S FINGERPRINTS TO22
SUBMIT, AND THE ENTITY SHALL SUBMIT , THE COMPLETE SET OF THE23
APPLICANT'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION24
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL25
HISTORY RECORD CHECK.26
(3) I
F AN APPROVED THIRD PARTY TAKES THE PERSON 'S27
173
-11- FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED1
USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN2
EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE APPLICANT 'S3
INFORMATION FOR MORE THAN THIRTY DAYS .4
(4) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE5
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD6
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF7
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL8
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A9
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO10
BUREAU OF INVESTIGATION, THE APPLICANT, THE DIRECTOR, AND THE11
ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU12
OF INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY13
RECORD CHECK.14
(5) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN15
THE RESULTS OF ITS FINGERPRINT-BASED CRIMINAL HISTORY RECORD16
CHECK TO THE DIRECTOR, AND THE DIRECTOR IS AUTHORIZED TO RECEIVE17
THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S CRIMINAL18
HISTORY RECORD CHECK. THE DIRECTOR SHALL USE THE INFORMATION19
RESULTING FROM THE CRIMINAL HISTORY RECORD CHECKS TO20
INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO21
HOLD A LICENSE PURSUANT TO THIS PART 5.22
(6) (a) W
HEN THE FEDERAL BUREAU OF INVESTIGATION IS UNABLE23
TO COMPLETE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK24
OF AN APPLICANT, THE COLORADO BUREAU OF INVESTIGATION SHALL25
INFORM THE DIRECTOR, AND THE DIRECTOR MAY CONDUCT A CRIMINAL26
HISTORY RECORD CHECK OF THE PERSON USING THE COLORADO BUREAU27
173
-12- OF INVESTIGATION 'S RECORDS AS A SUBSTITUTE FOR THE1
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK REQUIRED IN THIS2
SECTION.3
(b) W
HEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK4
OF AN APPLICANT PERFORMED PURSUANT TO THIS SECTION REVEAL A5
RECORD OF ARREST WITHOUT A DISPOSITION , THE DIRECTOR SHALL6
REQUIRE THE APPLICANT TO SUBMIT TO A NAME -BASED JUDICIAL RECORD7
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d).8
12-135-503. Criminal history - rules. (1) S
UBJECT TO SECTION9
24-5-101,
A LICENSEE OR
AN APPLICANT FOR A LICENSE UNDER THIS PART10
5
HAS A DISQUALIFYING CRIMINAL HISTORY IF THE LICENSEE OR
APPLICANT11
HAS BEEN CONVICTED OF, PLEAD GUILTY TO, PLEAD NOLO CONTENDERE12
TO, OR RECEIVED A DEFERRED SENTENCE FOR :13
(a) A
FELONY COMMITTED IN THE COURSE OF AND RELATED TO14
PRACTICING AS, INTERNING AS, OR HAVING A WORKPLACE LEARNING
15
EXPERIENCE AS A FUNERAL DIRECTOR , A MORTUARY SCIENCE16
PRACTITIONER, AN EMBALMER , A CREMATIONIST, OR A NATURAL17
REDUCTIONIST;18
(b) A
FELONY COMMITTED IN THE COURSE OF AND RELATED TO19
BEING AN EMPLOYEE OF OR BEING AN AGENT OF A FUNERAL20
ESTABLISHMENT REGISTERED IN ACCORDANCE WITH SECTION 12-135-11021
OR OF A CREMATORY REGISTERED IN ACCORDANCE WITH SECTION22
12-135-303;23
(c) A
VIOLATION OF SECTION 18-13-101;24
(d) A
FELONY LISTED IN ARTICLE 4 OR 5 OF TITLE 18; OR25
(e) A
VIOLATION OF A STATUTE OF ANOTHER STATE IF THE26
VIOLATION IS SUBSTANTIALLY SIMILAR TO A VIOLATION LISTED IN27
173
-13- SUBSECTION (1)(a), (1)(b), (1)(c), (1)(d), OR (2) OF THIS SECTION.1
(2) T
HE DIRECTOR MAY PROMULGATE RULES TO CATEGORIZE A2
VIOLATION OF ANY OF THE FOLLOWING AS DISQUALIFYING CRIMINAL
3
HISTORY UNDER THIS PART 5:4
(a) A
RTICLE 140 OF THIS TITLE 12;5
(b) A
RTICLE 15 OF TITLE 10; OR6
(c) T
ITLE 6.7
12-135-504. License expiration - continuing education - rules.8
(1) A
LICENSE ISSUED UNDER THIS PART 5 IS SUBJECT TO THE RENEWAL,9
EXPIRATION, REINSTATEMENT, AND DELINQUENCY FEE PROVISIONS10
SPECIFIED IN SECTION 12-20-202 (1) AND (2).11
(2) (a) T
O RENEW A LICENSE ISSUED UNDER THIS PART 5, A12
LICENSEE MUST, IN ACCORDANCE WITH THE DIRECTOR 'S RULES,13
SUCCESSFULLY COMPLETE AT LEAST SIX HOURS OF CONTINUING14
EDUCATION, INCLUDING:15
(I) O
NE HOUR COVERING THE LAW APPLICABLE TO THE TYPE OF16
LICENSE HELD BY THE APPLICANT FOR RENEWAL ;17
(II) O
NE HOUR COVERING APPLICABLE ETHICS ; AND18
(III) O
NE HOUR COVERING PUBLIC HEALTH REQUIREMENTS , SUCH19
AS UNIVERSAL PRECAUTIONS.20
(b) (I) T
HE DIRECTOR SHALL PROMULGATE RULES GOVERNING21
CONTINUING EDUCATION. THE RULES MUST ADDRESS:22
(A) T
HE BASIC REQUIREMENTS FOR CONTINUING EDUCATION ;23
(B) A
PPROVAL OF QUALIFYING CONTINUING EDUCATION CLASSES24
OR PROVIDERS; AND25
(C) A
SYSTEM OF REPORTING.26
(II) I
N ADOPTING THE RULES REQUIRED BY THIS SUBSECTION (2)(b),27
173
-14- THE DIRECTOR SHALL ALLOW FOR A VARIETY OF METHODS OF DELIVERY OF1
QUALIFYING CONTINUING EDUCATION CLASSES , INCLUDING IN-PERSON,2
REMOTE, AND RECORDED CLASSES, TO COMPLY WITH THE CONTINUING3
EDUCATION REQUIREMENTS OF THIS SUBSECTION (2).4
12-135-505. Not required to be licensed. (1) T
HIS PART 5 DOES5
NOT REQUIRE THE FOLLOWING INDIVIDUALS TO BE LICENSED UNDER THIS6
PART 5:7
(a) A
FUNERAL ESTABLISHMENT'S CLERICAL STAFF;8
(b) A
DRIVER WHO TRANSFERS DECEASED HUMANS TO OR FROM A9
FUNERAL ESTABLISHMENT ;10
(c) A
N INDIVIDUAL LICENSED PURSUANT TO ARTICLE 105 OF THIS11
TITLE 12 WHEN PRACTICING WITHIN THE SCOPE OF THE INDIVIDUAL 'S
12
LICENSE;13
(d) C
OURIERS; AND14
(e) P
RENEED CONTRACT COUNSELORS .15
12-135-506. Title protection. (1) [Formerly 12-135-111 (1)] A16
person shall not advertise, represent, or hold himself or herself
THEMSELF17
out as or use the title of a "mortuary science practitioner" unless the18
person
HOLDS A MORTUARY SCIENCE PRACTITIONER LICENSE ISSUED IN19
ACCORDANCE WITH SECTION 12-135-501.20
(a) Has at least two thousand hours practicing or interning as a
21
mortuary science practitioner, including, without limitation, experience22
in cremation and embalming;23
(b) Has graduated with a certificate, diploma, or degree in24
mortuary science from:25
(I) A program accredited by the American Board of Funeral26
Service Education or its successor, if the successor is approved by the27
173
-15- director, and the program is part of a school of higher education; or1
(II) A school of higher education accredited by the American2
Board of Funeral Service Education or its successor, if the successor is3
approved by the director; and4
(c) Has taken the mortuary science test, known as the national5
board examination, administered by the International Conference of6
Funeral Service Examining Boards or its successor, if the successor is7
approved by the director, and received a passing score.8
(2) [Formerly 12-135-111 (2)] A person shall not advertise,9
represent, or hold oneself THEMSELF out as or use the title of a "funeral10
director" unless the applicant: PERSON HOLDS A FUNERAL DIRECTOR11
LICENSE ISSUED IN ACCORDANCE WITH SECTION 12-135-501.12
(a) Has at least two thousand hours practicing or interning as a13
funeral director; and14
(b) Has directed at least fifty funerals or graveside services.15
(3) [Formerly 12-135-111 (3)] A person shall not advertise,16
represent, or hold oneself THEMSELF out as or use the title of an17
"embalmer" unless the applicant: PERSON HOLDS AN EMBALMER LICENSE18
ISSUED IN ACCORDANCE WITH SECTION 12-135-501.19
(a) Has at least four thousand hours practicing or interning as an20
embalmer; and21
(b) Has embalmed at least fifty human remains.22
(4) [Formerly 12-135-304] A person shall not advertise, represent,23
or hold oneself THEMSELF out as or use the title of a "cremationist" unless24
the applicant has at least five hundred hours practicing or interning as a25
cremationist and has cremated at least fifty human remains PERSON HOLDS26
A CREMATIONIST LICENSE ISSUED IN ACCORDANCE WITH SECTION27
173
-16- 12-135-501.1
(5) A
PERSON SHALL NOT ADVERTISE , REPRESENT, OR HOLD2
THEMSELF OUT AS OR USE THE TITLE OF A "NATURAL REDUCTIONIST"3
UNLESS THE PERSON HOLDS A NATURAL REDUCTIONIST LICENSE ISSUED IN4
ACCORDANCE WITH SECTION 12-135-501.5
12-135-507. Disciplinary proceedings - investigations -6
hearings - judicial review - fines. (1) (a) T
HE DIRECTOR MAY7
INVESTIGATE, HOLD HEARINGS, AND GATHER EVIDENCE IN ALL MATTERS8
RELATED TO THE EXERCISE AND PERFORMANCE OF THE POWERS AND9
DUTIES OF THE DIRECTOR PURSUANT TO SECTION 12-20-403, THIS ARTICLE10
135,
AND ARTICLE 4 OF TITLE 24.11
(b) O
N COMPLETION OF AN INVESTIGATION, THE DIRECTOR SHALL12
FIND ONE OF THE FOLLOWING:13
(I) T
HE COMPLAINT IS WITHOUT MERIT AND NO FURTHER ACTION14
IS NEEDED;15
(II) R
EASONABLE CAUSE TO WARRANT FURTHER ACTION DOES NOT16
EXIST;17
(III) T
HE LICENSEE ENGAGED IN CONDUCT THAT DOES NOT18
WARRANT FORMAL ACTION BUT THAT SHOULD NOT BE DISMISSED AS BEING19
WITHOUT MERIT; OR20
(IV) T
HE COMPLAINT OR INVESTIGATION DISCLOSES MISCONDUCT21
BY THE LICENSEE THAT WARRANTS FORMAL ACTION .22
(c) I
F THE DIRECTOR MAKES A FINDING DESCRIBED IN SUBSECTION23
(1)(b)(IV)
OF THIS SECTION, THE DIRECTOR MAY INITIATE DISCIPLINARY24
PROCEEDINGS PURSUANT TO SUBSECTION (3) OF THIS SECTION.25
(2) A
N EMPLOYER OF A MORTUARY SCIENCE PROFESSIONAL SHALL26
REPORT TO THE DIRECTOR A TERMINATION , DISCIPLINARY ACTION, OR27
173
-17- RESIGNATION IN LIEU OF TERMINATION OR DISCIPLINARY ACTION IF THE1
ACTION WAS TAKEN FOR CONDUCT THAT VIOLATES THIS ARTICLE 135 OR2
A RULE PROMULGATED UNDER THIS ARTICLE 135.3
(3) (a) T
HE DIRECTOR MAY COMMENCE A DISCIPLINARY4
PROCEEDING WHEN THE DIRECTOR HAS REASONABLE GROUNDS TO5
CONCLUDE THAT A LICENSEE HAS COMMITTED AN ACT OR OMISSION6
DESCRIBED IN SECTION 12-135-508 OR AN ACT THAT VIOLATES THIS7
ARTICLE 135 OR A RULE PROMULGATED UNDER THIS ARTICLE 135.8
(b) T
HE DIRECTOR SHALL CONDUCT DISCIPLINARY PROCEEDINGS9
IN ACCORDANCE WITH SECTION 12-20-403 AND ARTICLE 4 OF TITLE 24.10
(c) I
F THE DIRECTOR FINDS, IN ACCORDANCE WITH ARTICLE 4 OF11
TITLE 24, THE CHARGES PROVEN AND ORDERS THAT DISCIPLINE BE12
IMPOSED, THE DIRECTOR SHALL DETERMINE THE EXTENT OF THE13
DISCIPLINE.14
(d) I
F THE DIRECTOR FINDS THE CHARGES AGAINST THE LICENSEE15
PROVEN AND ORDERS THAT DISCIPLINE BE IMPOSED , THE DIRECTOR MAY16
REQUIRE, AS A CONDITION TO REINSTATE A SUSPENDED , REVOKED, OR17
DENIED LICENSE, THAT THE LICENSEE TAKE COURSES OF TRAINING OR18
FURTHER EDUCATION AS MAY BE NEEDED TO CORRECT A DEFICIENCY .19
(4) (a) S
ECTION 12-20-408 GOVERNS JUDICIAL REVIEW OF A FINAL20
ACTION OF THE DIRECTOR.21
(b) T
HE DIRECTOR MAY BRING AN ACTION FOR THE ENFORCEMENT22
OF AN ORDER OF THE DIRECTOR IN ACCORDANCE WITH SECTION 12-20-406.23
(5) I
F A PERSON COMMITS AN ACT THAT VIOLATES THIS ARTICLE24
135
OR A RULE PROMULGATED UNDER THIS ARTICLE 135, THE DIRECTOR25
MAY IMPOSE A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS PER26
VIOLATION. EACH DAY OF A CONTINUING VIOLATION CONSTITUTES A27
173
-18- SEPARATE VIOLATION.1
2
12-135-508. Grounds for discipline. (1) T
HE DIRECTOR MAY3
TAKE DISCIPLINARY ACTION IN ACCORDANCE WITH SECTIONS 12-20-404,4
12-135-401,
AND 12-135-507 AGAINST AN APPLICANT OR LICENSEE WHO5
HAS:6
(a) A
DVERTISED, REPRESENTED, OR HELD THEMSELF OUT AS A7
LICENSED MORTUARY SCIENCE PROFESSIONAL AFTER THE EXPIRATION ,8
SUSPENSION, OR REVOCATION OF THEIR LICENSE;9
(b) F
ALSIFIED INFORMATION IN AN APPLICATION FOR A LICENSE OR10
TO RENEW A LICENSE UNDER THIS PART 5;11
(c) A
TTEMPTED TO OBTAIN OR OBTAINED A LICENSE BY FRAUD ,12
DECEPTION, OR MISREPRESENTATION;13
(d) E
NGAGED IN FRAUD, MISREPRESENTATION, DECEPTION, OR14
CHEATING IN TAKING OR FURNISHING THE RESULTS OF AN EXAMINATION15
REQUIRED BY SECTION 12-135-603 (1)(b), 12-135-703 (1)(b), 12-135-80316
(1)(b),
OR 12-135-903;17
(e) F
RAUDULENTLY OBTAINED OR FURNISHED OR AIDED AND18
ABETTED ANOTHER PERSON IN FRAUDULEN TLY OBTAINING OR FURNISHING :19
(I) A
LICENSE ISSUED UNDER THIS PART 5;20
(II) A
RENEWAL OR REINSTATEMENT OF A LICENSE ISSUED UNDER21
THIS PART 5; OR22
(III) A
DIPLOMA, A CERTIFICATE, OR A RECORD RELATED TO A23
LICENSE ISSUED UNDER THIS PART 5;24
(f) (I) F
AILED TO NOTIFY THE DIRECTOR, IN WRITING, OF:25
(A) T
HE ENTRY OF A FINAL JUDGMENT BY A COURT IN FAVOR OF26
ANOTHER PARTY AND AGAINST THE LICENSEE FOR MALPRACTICE OF27
173
-19- MORTUARY SCIENCE; OR1
(B) A
SETTLEMENT BY THE LICENSEE IN RESPONSE TO CHARGES OR2
ALLEGATIONS OF MALPRACTICE OF MORTUARY SCIENCE .3
(II) T
O COMPLY WITH SUBSECTION (1)(f)(I) OF THIS SECTION, THE4
LICENSEE MUST:5
(A) G
IVE THE NOTICE WITHIN NINETY DAYS AFTER THE ENTRY OF6
THE JUDGMENT OR SETTLEMENT ; AND7
(B) F
OR NOTICE OF A JUDGMENT , INCLUDE THE NAME OF THE8
COURT, THE CASE NUMBER, AND THE NAMES OF ALL PARTIES TO THE9
ACTION.10
(g) (I) A
DISQUALIFYING CRIMINAL HISTORY AS DESCRIBED IN
11
SECTION 12-135-503.12
(II) F
OR THE PURPOSES OF SUBSECTION (1)(g)(I) OF THIS SECTION,13
A CERTIFIED COPY OF A DOCUMENT FROM A COURT OF COMPETENT14
JURISDICTION DOCUMENTING A CONVICTION OR ENTRY OF A PLEA IS15
CONCLUSIVE EVIDENCE OF THE CONVICTION OR THE PLEA . IN CONSIDERING16
A DISCIPLINARY ACTION, THE DIRECTOR SHALL BE GOVERNED BY SECTIONS17
12-20-202
(5) AND 24-5-101.18
(h) A
DVERTISED, REPRESENTED, HELD THEMSELF OUT IN ANY19
MANNER, OR USED ANY DESIGNATION IN CONNECTION WITH AN20
INDIVIDUAL'S NAME AS A MORTUARY SCIENCE PROFESSIONAL WITHOUT21
BEING LICENSED UNDER THIS ARTICLE 135;22
(i) V
IOLATED OR AIDED OR ABETTED A VIOLATION OF THIS ARTICLE23
135,
ARTICLE 20 OR 30 OF THIS TITLE 12, A RULE ADOPTED UNDER THIS24
ARTICLE 135, OR AN ORDER OF THE DIRECTOR;25
(j) F
AILED TO REPORT TO THE DIRECTOR THE SURRENDER OF A26
LICENSE, CERTIFICATION, OR REGISTRATION TO, OR AN ADVERSE ACTION27
173
-20- TAKEN AGAINST A LICENSE , CERTIFICATION, OR REGISTRATION BY, A1
GOVERNMENTAL AGENCY IN ANOTHER STATE , TERRITORY, OR COUNTRY,2
A LAW ENFORCEMENT AGENCY , OR A COURT FOR ACTS THAT CONSTITUTE3
GROUNDS FOR DISCIPLINE UNDER THIS ARTICLE 135 OR A RULE4
PROMULGATED UNDER THIS ARTICLE 135;5
(k) C
OMMITTED AN ACT THAT DOES NOT MEET , OR FAILED TO6
PERFORM AN ACT NECESSARY TO MEET , GENERALLY ACCEPTED7
STANDARDS OF MORTUARY SCIENCE ;8
(l) U
SED FRAUDULENT, COERCIVE, OR DISHONEST PRACTICES, OR9
DEMONSTRATED INCOMPETENCE OR UNTRUSTWORTHINESS , IN THIS STATE10
OR ELSEWHERE;11
(m) D
ISINFECTED, PRESERVED, OR MADE FINAL DISPOSITION OF12
HUMAN REMAINS WITH KNOWLEDGE SUFFICIENT TO AROUSE A13
REASONABLE SUSPICION OF A CRIME IN CONNECTION WITH THE CAUSE OF14
DEATH OF THE DECEDENT UNLESS THE LICENSEE HAS OBTAINED THE15
PERMISSION OF THE CORONER, THE DEPUTY CORONER, OR, IF THERE IS NO16
CORONER, THE DISTRICT ATTORNEY;17
(n) D
ISCRIMINATED BECAUSE OF RACE, CREED, COLOR, RELIGION,18
DISABILITY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER19
EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, AGE, OR ANCESTRY IN20
THE PROVISION OF FUNERAL SERVICES OR THE SERVICES OF A MORTUARY21
SCIENCE PROFESSIONAL;22
(o) A
UTHORIZED AN OFFICER OF OR EMPLOYEE OF A LICENSEE , OF23
A REGISTRANT UNDER SECTION 12-135-110 OR 12-135-303, OR OF24
ANOTHER PERSON HAVING A PROFESSIONAL RELATIONSHIP WITH THE25
DECEDENT TO APPROVE OR CAUSE THE FINAL DISPOSITION OF HUMAN26
REMAINS IN VIOLATION OF THIS ARTICLE 135;27
173
-21- (p) PAID OR PROVIDED BENEFITS IN A MANNER THAT DEPRIVES THE1
NEXT OF KIN OR LEGAL REPRESENTATIVE OF THE RIGHT TO USE THOSE2
PAYMENTS OR BENEFITS AT A FUNERAL ESTABLISHMENT OF THE3
CUSTOMER'S CHOICE;4
(q) E
NGAGED IN A BUSINESS PRACTICE THAT INTERFERES WITH THE5
FREEDOM OF CHOICE OF THE GENERAL PUBLIC TO CHOOSE A MORTUARY6
SCIENCE PROFESSIONAL OR FUNERAL ESTABLISHMENT ;7
(r) R
EFUSED TO PROPERLY AND PROMPTLY RELEASE HUMAN8
REMAINS, NATURALLY REDUCED REMAINS , OR CREMATED REMAINS TO THE9
CUSTODY OF THE PERSON WHO HAS THE LEGAL RIGHT TO EFFECT THE10
RELEASE, REGARDLESS OF WHETHER ANY COSTS HAVE BEEN PAID ;11
(s) T
OLD A PERSON THAT A CASKET WAS REQUIRED WHEN THE12
EXPRESSED WISH OF THE DECEDENT , NEXT OF KIN, OR LEGAL13
REPRESENTATIVE WAS FOR IMMEDIATE CREMATION ;14
(t) E
MBALMED, NATURALLY REDUCED , OR CREMATED HUMAN15
REMAINS WITHOUT OBTAINING PERMISSION FROM THE PERSON WITH THE16
RIGHT OF FINAL DISPOSITION, UNLESS OTHERWISE REQUIRED BY SECTION17
12-135-106;18
(u) P
ROHIBITED, HINDERED, OR RESTRICTED OR ATTEMPTED TO19
PROHIBIT, HINDER, OR RESTRICT:20
(I) A
PERSON FROM OFFERING OR ADVERTISING IMMEDIATE21
CREMATION, IMMEDIATE NATURAL REDUCTION , ADVANCE FUNERAL22
ARRANGEMENTS, OR LOW-COST FUNERALS;23
(II) A
PERSON FROM FORMING OR FACILITATING ARRANGEMENTS24
BETWEEN MEMORIAL SOCIETIES AND FUNERAL INDUSTRY MEMBERS ; OR25
(III) A
FUNERAL SERVICE INDUSTRY MEMBER FROM DISCLOSING26
ACCURATE INFORMATION CONCERNING FUNERAL MERCHANDISE AND27
173
-22- SERVICES;1
(v) E
NGAGED IN WILLFULLY DISHONEST CONDUCT ;2
(w) C
OMMITTED NEGLIGENCE THAT DEFRAUDED OR CAUSED3
INJURY OR WAS LIKELY TO DEFRAUD OR CAUSE INJURY IN THE PRACTICE OF4
CREMATION, NATURAL REDUCTION, EMBALMING, FUNERAL DIRECTING, OR5
PROVIDING FOR FINAL DISPOSITION;6
(x) S
OLD OR OFFERED TO SELL THE SOIL PRODUCED BY THE7
NATURAL REDUCTION OF HUMAN REMAINS TO ANY PERSON ;8
(y) C
OMMINGLED THE FOLLOWING WITHOUT THE CONSENT OF THE9
PERSON OR PERSONS WITH THE RIGHT OF FINAL DISPOSITION , AS10
DETERMINED BY SECTION 15-19-106, IN THE COURSE OF A PERSON 'S11
BUSINESS, VOCATION, OR OCCUPATION:12
(I) T
HE CREMATED REMAINS
OF MORE THAN ONE PERSON; EXCEPT13
AS AUTHORIZED IN SECTION 12-135-109;14
(II) T
HE SOIL PRODUCED BY THE NATURAL REDUCTION OF THE15
HUMAN REMAINS OF MORE THAN ONE PERSON , EXCEPT AS AUTHORIZED IN16
SECTION
12-135-109;17
(III) T
HE CREMATED REMAINS
OF MORE THAN ONE PERSON WITHIN18
A CREMATION CHAMBER ; OR19
(IV) T
HE HUMAN REMAINS OF MORE THAN ONE PERSON WITHIN A20
CONTAINER USED TO NATURALLY REDUCE HUMAN REMAINS TO PRODUCE21
SOIL; OR22
(z) U
SED, IN THE COURSE OF A PERSON'S BUSINESS, VOCATION, OR23
OCCUPATION, THE SOIL PRODUCED BY THE NATURAL REDUCTION OF24
HUMAN REMAINS TO GROW FOOD FOR HUMAN CONSUMPTION .25
(2) (a) F
OR PURPOSES OF THIS SECTION ONLY AND EXCEPT AS26
PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION, "NEXT OF KIN" DOES27
173
-23- NOT INCLUDE A PERSON WHO IS ARRESTED ON SUSPICION OF HAVING1
COMMITTED, IS CHARGED WITH, OR HAS BEEN CONVICTED OF A FELONY2
OFFENSE SPECIFIED IN PART 1 OF ARTICLE 3 OF TITLE 18 INVOLVING THE3
DEATH OF THE DECEDENT.4
(b) S
UBSECTION (2)(a) OF THIS SECTION DOES NOT APPLY IF ,5
BEFORE FINAL DISPOSITION OF THE DECEASED PERSON 'S HUMAN REMAINS,6
CHARGES ARE NOT BROUGHT , CHARGES ARE BROUGHT BUT DISMISSED , OR7
THE PERSON CHARGED IS ACQUITTED OF THE ALLEGED CRIME .8
12-135-509. Liberal construction. T
HIS PART 5 AND PARTS 6 TO9
9
OF THIS ARTICLE 135 MUST BE LIBERALLY CONSTRUED TO EFFECTUATE10
THEIR PURPOSES AND TO PROTECT CONSUMERS .11
12-135-510. Repeal of part. T
HIS PART 5 AND PARTS 6 TO 9 OF12
THIS ARTICLE 135 ARE REPEALED, EFFECTIVE SEPTEMBER 1, 2031. BEFORE13
THE REPEAL, THIS PART 5 AND PARTS 6 TO 9 OF THIS ARTICLE 135 ARE14
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.15
PART 616
FUNERAL DIRECTORS17
12-135-601. Practice of a funeral director described -18
definition. (1) A
S USED IN THIS PART 6, "SERVICES CONCERNING THE19
FINAL DISPOSITION OF HUMAN REMAINS " INCLUDES FUNERAL SERVICES,20
EMBALMING, CREMATION, NATURAL REDUCTION , AND REMOVAL OF21
HUMAN REMAINS FROM THE STATE .22
(2) (a) T
HE PRACTICE OF A FUNERAL DIRECTOR CONSISTS OF23
PERFORMING THE FOLLOWING ACTS FOR COMPENSATION :24
(I) S
ELLING OR OFFERING TO SELL SERVICES CONCERNING THE25
FINAL DISPOSITION OF HUMAN REMAINS ON AN AT -NEED BASIS;26
(II) P
LANNING, ARRANGING, OR OFFERING TO PLAN OR ARRANGE,27
173
-24- ON AN AT-NEED BASIS, THE DETAILS OF SERVICES CONCERNING THE FINAL1
DISPOSITION OF HUMAN REMAINS AND ESTABLISHING THE TYPE OF2
SERVICES TO BE RENDERED;3
(III) M
AKING, NEGOTIATING, COMPLETING, OR OFFERING TO MAKE,4
NEGOTIATE, OR COMPLETE THE FINANCIAL ARRANGEMENTS FOR SERVICES5
CONCERNING THE FINAL DISPOSITION OF HUMAN REMAINS ON AN AT -NEED6
BASIS; EXCEPT THAT NONLICENSED PERSONNEL MAY ASSIST THE FUNERAL7
DIRECTOR IN PERFORMING SUCH TASKS ;8
(IV) D
IRECTLY OR INDIRECTLY DIRECTING, BEING IN CHARGE OR9
APPARENT CHARGE OF , SUPERVISING, OR OFFERING TO DIRECT, BE IN10
CHARGE OF, OR SUPERVISE:11
(A) A
VISITATION OR VIEWING OF HUMAN REMAINS ;12
(B) A
FUNERAL SERVICE; OR13
(C) A
MEMORIAL SERVICE, IF THE MEMORIAL SERVICE IS SOLD OR14
ARRANGED BY A LICENSEE;15
(V) M
ANAGING OR SUPERVISING THE OPERATION OF A FUNERAL16
ESTABLISHMENT, EXCEPT FOR ADMINISTRATIVE MATTERS , SUCH AS17
BUDGETING, ACCOUNTING AND PERSONNEL, MAINTENANCE OF BUILDINGS,18
EQUIPMENT, AND GROUNDS , AND ROUTINE CLERICAL AND19
RECORD-KEEPING FUNCTIONS; OR20
(VI) U
SING, IN CONNECTION WITH ONE'S NAME OR EMPLOYMENT :21
(A) T
HE WORD "FUNERAL DIRECTOR", "UNDERTAKER", OR22
"
MORTICIAN"; OR23
(B) A
WORD, TITLE, OR COMBINATION OF WORDS , TITLES, OR24
PICTURES THAT WHEN CONSIDERED IN THE CONTEXT IN WHICH THEY ARE25
USED WOULD IMPLY THAT THE PERSON IS ENGAGED IN THE PRACTICE OF A26
FUNERAL DIRECTOR OR THAT THE PERSON IS HOLDING THEMSELF OUT TO27
173
-25- THE PUBLIC AS BEING ENGAGED IN THE PRACTICE OF A FUNERAL DIRECTOR .1
(b) (I) S
UBSECTION (2)(a)(IV)(A) OF THIS SECTION DOES NOT2
REQUIRE AN INDIVIDUAL TO BE LICENSED TO CONDUCT A VISITATION OR3
VIEWING IF A LICENSED FUNERAL DIRECTOR OR LICENSED MORTUARY4
SCIENCE PRACTITIONER IS READILY AVAILABLE FOR CONSULTATION .5
(II) S
UBSECTION (2)(a)(VI) OF THIS SECTION DOES NOT PREVENT6
A PERSON FROM USING THE NAME OF AN OWNER , OFFICER, OR CORPORATE7
DIRECTOR OF A FUNERAL ESTABLISHMENT , NOTWITHSTANDING THAT THE8
PERSON DOES NOT HOLD A LICENSE , IN CONNECTION WITH THE NAME OF9
THE FUNERAL ESTABLISHMENT WITH WHICH THE PERSON IS AFFILIATED , SO10
LONG AS THE PERSON'S AFFILIATION IS PROPERLY SPECIFIED.11
(3) T
HE PRACTICE OF A FUNERAL DIRECTOR DOES NOT INCLUDE :12
(a) (I) T
RANSMITTING, BY TELEPHONE , BY FAX, OR13
ELECTRONICALLY, OBITUARY NOTICES;14
(II) O
RDERING FLOWERS OR MERCHANDISE ;15
(III) D
ELIVERING DEATH CERTIFICATES TO ATTENDING16
PHYSICIANS;17
(IV) C
LERICAL PREPARATION AND PROCESSING OF DEATH18
CERTIFICATES, INSURANCE FORMS, AND ANY CLERICAL TASKS THAT19
RECORD THE INFORMATION COMPILED BY THE FUNERAL DIRECTOR ; OR20
(V) A
N ACT THAT IS INCIDENTAL TO ANY OF THE FUNCTIONS21
SPECIFIED IN THIS SUBSECTION (3)(a);22
(b) F
URNISHING STANDARD, PRINTED PRICE LISTS AND DISCLOSURE23
INFORMATION TO THE PUBLIC BY PROVIDING THE INFORMATION TO24
PERSONS MAKING AN INQUIRY;25
(c) A
RRANGING, COORDINATING, OR
EMPLOYING, IN CONNECTION26
WITH THE FINAL DISPOSITION OF HUMAN REMAINS, REMOVAL SERVICES,27
173
-26- REGISTERED REFRIGERATION FACILITIES, OR REGISTERED CENTRALIZED1
EMBALMING FACILITIES;2
(d) A
NY ASPECT OF MAKING PRENEED FUNERAL ARRANGEMENTS3
OR ENTERING INTO PRENEED CONTRACTS ; OR4
(e) F
UNCTIONS NORMALLY PERFORMED BY CEMETERY OR5
CREMATORY PERSONNEL .6
(4) (a) A
N INDIVIDUAL LICENSED UNDER THIS PART 6 MAY
7
DELEGATE TASKS, AS DETERMINED BY THE DIRECTOR IN RULE, WITHIN THE8
SCOPE OF THE INDIVIDUAL'S LICENSE TO UNLICENSED PERSONS PRACTICING9
WITHIN THE UNLICENSED PERSON 'S EXPERIENCE, EDUCATION, OR10
TRAINING.11
(b) A
LICENSEE IS RESPONSIBLE FOR ENSURING THAT A DELEGATEE
12
HAS THE EXPERIENCE , EDUCATION, AND TRAINING NECESSARY TO13
PERFORM DELEGATED TASKS .14
(c) A
LICENSEE RETAINS RESPONSIBILITY FOR ANY TASKS
15
DELEGATED UNDER THIS SUBSECTION (4).16
(d) A
LICENSEE SHALL NOT DELEGATE THE FOLLOWING TASKS :
17
(I) A
NY TASK INVOLVING HANDLING HUMAN REMAINS ; EXCEPT
18
THAT THIS SUBSECTION (4)(d)(I) DOES NOT APPLY TO TRANSPORTING19
HUMAN REMAINS;20
(II) S
IGNING CONTRACTS OR OTHER LEGAL DOCUMENTS THAT
21
INVOLVE COMPENSATION FOR FUNERAL GOODS OR SERVICES ; OR22
(III) O
VERSIGHT OF A FUNERAL HOME OR CREMATORY OPERATIONS
23
RELATED TO THE FINAL DISPOSITION OF HUMAN REMAINS .24
12-135-602. License required. O
N AND AFTER JANUARY 1,
2027,25
AN INDIVIDUAL WHO ENGAGES IN THE PRACTICE OF A FUNERAL DIRECTOR26
MUST BE LICENSED BY THE DIRECTOR AS A FUNERAL DIRECTOR OR27
173
-27- MORTUARY SCIENCE PRACTITIONER IN ACCORDANCE WITH PART 5 OF THIS1
ARTICLE 135 AND THIS PART 6 OR PART 7 OF THIS ARTICLE 135, AS2
APPLICABLE.3
12-135-603. Qualifications - examination - licensure- rules.4
(1) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION5
12-135-501
(3), TO BE QUALIFIED TO OBTAIN A FUNERAL DIRECTOR6
LICENSE, AN APPLICANT MUST:7
(a) H
AVE GRADUATED FROM AN ACCREDITED
MORTUARY SCIENCE8
SCHOOL;9
(b) H
AVE SUCCESSFULLY PASSED THE ARTS SECTION OF THE10
NATIONAL BOARD EXAMINATION ADMINISTERED BY THE INTERNATIONAL11
C
ONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS OR BY A12
SUCCESSOR ORGANIZATION THAT IS APPROVED BY THE DIRECTOR ; AND13
(c) H
AVE RECEIVED WORKPLACE LEARNING EXPERIENCE ,
AS14
DEFINED BY THE DIRECTOR IN RULE, OF ONE YEAR OR LONGER THAT MAY15
BE RECEIVED CONCURRENTLY WHILE ATTENDING MORTUARY SCIENCE16
SCHOOL.17
PART 718
MORTUARY SCIENCE PRACTITIONERS19
12-135-701. Practice of a mortuary science practitioner20
described. (1) T
HE PRACTICE OF A MORTUARY SCIENCE PRACTITIONER21
CONSISTS OF PERFORMING OR OFFERING TO PERFORM ANY OF THE22
FOLLOWING ACTS FOR COMPENSATION :23
(a) T
HE PRACTICE OF A FUNERAL DIRECTOR AS DESCRIBED IN24
SECTION 12-135-601 (2);25
(b) T
HE PRACTICE OF AN EMBALMER AS DESCRIBED IN SECTION26
12-135-801
(1);27
173
-28- (c) THE PRACTICE OF A CREMATIONIST AS DESCRIBED IN SECTION1
12-135-901
(1);2
(d) T
HE PRACTICE OF A NATURAL REDUCTIONIST AS DESCRIBED IN3
SECTION 12-135-901 (2); OR4
(e) U
SING ANY WORD OR ABBREVIATI ON TO INDICATE OR INDUCE5
OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A MORTUARY6
SCIENCE PRACTITIONER.7
(2) (a) A
N INDIVIDUAL LICENSED UNDER THIS PART 7 MAY
8
DELEGATE TASKS, AS DETERMINED BY THE DIRECTOR IN RULE, WITHIN THE9
SCOPE OF THE INDIVIDUAL'S LICENSE TO UNLICENSED PERSONS PRACTICING10
WITHIN THE UNLICENSED PERSON 'S EXPERIENCE, EDUCATION, OR11
TRAINING.12
(b) A
LICENSEE IS RESPONSIBLE FOR ENSURING THAT A DELEGATEE
13
HAS THE EXPERIENCE , EDUCATION, AND TRAINING NECESSARY TO14
PERFORM DELEGATED TASKS .15
(c) A
LICENSEE RETAINS RESPONSIBILITY FOR ANY TASKS
16
DELEGATED UNDER THIS SUBSECTION (2).17
(d) A
LICENSEE SHALL NOT DELEGATE THE FOLLOWING TASKS :
18
(I) A
NY TASK INVOLVING HANDLING HUMAN REMAINS ; EXCEPT
19
THAT THIS SUBSECTION (2)(d)(I) DOES NOT APPLY TO TRANSPORTING20
HUMAN REMAINS;21
(II) S
IGNING CONTRACTS OR OTHER LEGAL DOCUMENTS THAT
22
INVOLVE COMPENSATION FOR FUNERAL GOODS OR SERVICES ; OR23
(III) O
VERSIGHT OF A FUNERAL HOME OR CREMATORY OPERATIONS
24
RELATED TO THE FINAL DISPOSITION OF HUMAN REMAINS .25
12-135-702. License required. O
N AND AFTER JANUARY 1,
2027,26
EXCEPT AS OTHERWISE PROVIDED IN PART 6, 8, OR 9 OF THIS ARTICLE 135,27
173
-29- AN INDIVIDUAL WHO ENGAGES IN THE PRACTICE OF A MORTUARY SCIENCE1
PRACTITIONER MUST BE LICENSED BY THE DIRECTOR AS A MORTUARY2
SCIENCE PRACTITIONER IN ACCORDANCE WITH THIS PART 7 AND PART 5 OF3
THIS ARTICLE 135.4
12-135-703. Qualifications - examination - licensure - rules.5
(1) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION6
12-135-501
(3), TO BE QUALIFIED TO OBTAIN A MORTUARY SCIENCE7
PRACTITIONER LICENSE, THE APPLICANT MUST:8
(a) H
AVE GRADUATED FROM AN ACCREDITED
MORTUARY SCIENCE9
SCHOOL;10
(b) H
AVE SUCCESSFULLY PASSED BOTH THE ARTS AND SCIENCE11
SECTIONS OF THE NATIONAL BOARD EXAMINATION ADMINISTERED BY THE12
I
NTERNATIONAL CONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS13
OR BY A SUCCESSOR ORGANIZATION THAT IS APPROVED BY THE DIRECTOR ;14
AND15
(c) H
AVE RECEIVED WORKPLACE LEARNING EXPERIENCE ,
AS16
DEFINED BY THE DIRECTOR IN RULE, OF ONE YEAR OR LONGER THAT MAY17
BE RECEIVED CONCURRENTLY WHILE ATTENDING MORTUARY SCIENCE18
SCHOOL.19
PART 820
EMBALMERS21
12-135-801. Practice of an embalmer described. (1) T
HE22
PRACTICE OF AN EMBALMER CONSISTS OF ENGAGING IN , OFFERING TO23
ENGAGE IN, OR ATTEMPTING TO ENGAGE IN THE FOLLOWING ACTS FOR24
COMPENSATION:25
(a) T
EMPORARILY DISINFECTING AND PRESERVING HUMAN26
REMAINS BY CHEMICALLY TREATING THE HUMAN REMAINS TO :27
173
-30- (I) REDUCE THE PRESENCE AND GROWTH OF ORGANISMS ; OR1
(II) R
ETARD ORGANIC DECOMPOSITION ;2
(b) D
ISINFECTING AND PRESERVING HUMAN REMAINS BY THE USE3
OF OR APPLICATION OF CHEMICAL SUBSTANCES THAT ARE ORDINARILY4
USED FOR, PREPARED FOR, OR INTENDED FOR DISINFECTION OR5
PRESERVATION BY:6
(I) I
NTRODUCING THE CHEMICAL SUBSTANCES INTO THE HUMAN7
REMAINS BY VASCULAR OR HYPODERMIC INJECTION ; OR8
(II) D
IRECTLY INTRODUCING CHEMICAL SUBSTANCES INTO THE9
ORGANS OR CAVITIES OF THE HUMAN REMAINS ; OR10
(c) U
SING THE TITLE "EMBALMER" OR ANY OTHER WORD OR11
ABBREVIATION TO INDICATE OR INDUCE OTHERS TO BELIEVE THAT ONE IS12
LICENSED TO PRACTICE AS AN EMBALMER .13
(2) T
HE PRACTICE OF AN EMBALMER DOES NOT INCLUDE :14
(a) S
ETTING FEATURES FOR THE PURPOSE OF IDENTIFYING15
UNEMBALMED HUMAN REMAINS ; OR16
(b) D
ISINFECTING HUMAN REMAINS THROUGH NONARTERIAL17
METHODS.18
12-135-802. License required. O
N AND AFTER JANUARY 1,
2027,19
EXCEPT AS PROVIDED IN PART 7 OF THIS ARTICLE 135, AN INDIVIDUAL WHO20
ENGAGES IN THE PRACTICE OF AN EMBALMER MUST BE LICENSED BY THE21
DIRECTOR AS AN EMBALMER IN ACCORDANCE WITH THIS PART 8 AND PART22
5
OF THIS ARTICLE 135.23
12-135-803. Qualifications - examination - licensure - rules.24
(1) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION25
12-135-501
(3), TO BE QUALIFIED TO OBTAIN AN EMBALMER LICENSE , THE26
APPLICANT MUST:27
173
-31- (a) HAVE GRADUATED FROM AN ACCREDITED MORTUARY SCIENCE1
SCHOOL;2
(b) H
AVE SUCCESSFULLY PASSED THE SCIENCE SECTION OF THE3
NATIONAL BOARD EXAMINATION ADMINISTERED BY THE INTERNATIONAL4
C
ONFERENCE OF FUNERAL SERVICE EXAMINING BOARDS OR BY A5
SUCCESSOR ORGANIZATION THAT IS APPROVED BY THE DIRECTOR ; AND6
(c) H
AVE RECEIVED WORKPLACE LEARNING EXPERIENCE ,
AS7
DEFINED BY THE DIRECTOR IN RULE, OF ONE YEAR OR LONGER THAT MAY8
BE RECEIVED CONCURRENTLY WHILE ATTENDING MORTUARY SCIENCE9
SCHOOL.10
PART 911
CREMATIONISTS AND NATURAL REDUCTIONISTS 12
12-135-901. Practice of a cremationist described - practice of13
a natural reductionist described. (1) T
HE PRACTICE OF A CREMATIONIST14
CONSISTS OF ENGAGING IN, OFFERING TO ENGAGE IN, OR ATTEMPTING TO15
ENGAGE IN THE FOLLOWING ACTS FOR COMPENSATION :16
(a) P
REPARING HUMAN REMAINS FOR CREMATION ;17
(b) C
REMATING HUMAN REMAINS ; OR18
(c) U
SING ANY WORD OR ABBREVIATI ON TO INDICATE OR INDUCE19
OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A20
CREMATIONIST.21
(2) T
HE PRACTICE OF A NATURAL REDUCTIONIST CONSISTS OF22
ENGAGING IN, OFFERING TO ENGAGE IN, OR ATTEMPTING TO ENGAGE IN23
THE FOLLOWING ACTS FOR COMPENSATION :24
(a) P
REPARING HUMAN REMAINS FOR NATURAL REDUCTION ;25
(b) N
ATURAL REDUCTION OF HUMAN REMAINS ; OR26
(c) U
SING ANY OTHER WORD OR A BBREVIATION TO INDICATE OR27
173
-32- INDUCE OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A1
NATURAL REDUCTIONIST.2
12-135-902. License required. (1) O
N AND AFTER JANUARY 1,32027, EXCEPT AS PROVIDED IN PART 7 OF THIS ARTICLE 135:4
(a) A
N INDIVIDUAL WHO ENGAGES IN THE PRACTICE OF A5
CREMATIONIST MUST BE LICENSED BY THE DIRECTOR AS A CREMATIONIST6
IN ACCORDANCE WITH THIS PART 9 AND PART 5 OF THIS ARTICLE 135; AND7
(b) A
N INDIVIDUAL WHO ENGAGES IN THE PRACTICE OF A NATURAL8
REDUCTIONIST MUST BE LICENSED BY THE DIRECTOR AS A NATURAL9
REDUCTION REDUCTIONIST IN ACCORDANCE WITH THIS PART 9 AND PART10
5
OF THIS ARTICLE 135.11
12-135-903. Qualifications - examinations - rules. (1) I
N12
ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION 12-135-501 (3),13
TO BE QUALIFIED TO OBTAIN A CREMATIONIST LICENSE , THE APPLICANT14
MUST HAVE RECEIVED OFFICIAL CERTIFICATION AS A CREMATORY15
OPERATOR FROM THE CREMATION ASSOCIATION OF NORTH AMERICA, THE16
I
NTERNATIONAL CEMETERY, CREMATION AND FUNERAL ASSOCIATION,17
THE NATIONAL FUNERAL DIRECTORS ASSOCIATION,
OR A SUCCESSOR18
ORGANIZATION THAT IS APPROVED BY THE DIRECTOR .19
(2) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION20
12-135-501
(3), TO BE QUALIFIED TO OBTAIN A NATURAL REDUCTIONIST21
LICENSE, THE APPLICANT MUST HAVE RECEIVED OFFICIAL CERTIFICATION22
AS A NATURAL REDUCTIONIST FROM THE CREMATION ASSOCIATION OF23
N
ORTH AMERICA, THE INTERNATIONAL CEMETERY, CREMATION AND24
F
UNERAL ASSOCIATION, THE NATIONAL FUNERAL DIRECTORS
25
A
SSOCIATION,
OR A SUCCESSOR ORGANIZATION THAT IS APPROVED BY THE26
DIRECTOR.27
173
-33- SECTION 3. Repeal of relocated and nonrelocated provisions1
in this act. In Colorado Revised Statutes, repeal 12-135-111 and2
12-135-304; except that 12-135-111 (4) is not relocated.3
SECTION 4. In Colorado Revised Statutes, 12-20-204, amend4
(2)(a); and repeal (2)(c) as follows:5
12-20-204. Regulator's rule-making authority. (2) Subsection6
(1) of this section does not apply to the following:7
(a) Article 110 of this title 12 concerning combative sports;
AND8
(c) Article 135 of this title 12 concerning mortuaries and
9
crematories; and10
SECTION 5. In Colorado Revised Statutes, 12-20-406, repeal11
(2)(b)(III) as follows:12
12-20-406. Injunctive relief. (2) (b) Subsection (2)(a) of this13
section does not apply to the following:14
(III) Article 135 of this title 12 concerning mortuaries and15
crematories;16
SECTION 6. In Colorado Revised Statutes, 12-135-110, amend17
(3) introductory portion, (3)(d), (3)(e), and (4); and add (3)(f) as follows:18
12-135-110. Registration required. (3) Each funeral19
establishment shall appoint an individual as the designee of the funeral20
establishment. A designee shall MUST:21
(d) Have the authority within the funeral establishment's22
organization to require that personnel comply with this article 135; and23
(e) Not be designated for more than one funeral establishment;24
unless the additional establishment is operated under common ownership25
and management and no funeral establishment is more than sixty miles26
from another establishment held under the same ownership conditions.27
173
-34- AND1
(f) (I) O
N OR AFTER JANUARY 1,
2027, BE LICENSED AS A FUNERAL2
DIRECTOR PURSUANT TO SECTION 12-135-501 AND PART 6 OF THIS ARTICLE3
135;
OR4
(II) O
N OR AFTER JANUARY 1,
2027, BE LICENSED AS A MORTUARY5
SCIENCE PRACTITIONER PURSUANT TO SECTION 12-135-501 AND PART 7 OF6
THIS ARTICLE 135.7
(4) The designee shall require each person employed at the funeral8
establishment to demonstrate evidence of compliance with section9
12-135-111 PARTS 5 TO 9 OF THIS ARTICLE 135, AS APPLICABLE. The10
designee shall retain the records of the evidence of compliance so long as11
the person is employed at the funeral establishment.12
SECTION 7. In Colorado Revised Statutes, 12-135-303, amend13
(4) as follows:14
12-135-303. Registration required. (4) The designee shall15
require each person employed at the crematory to demonstrate evidence16
of compliance with section 12-135-304 PARTS 5 TO 9 OF THIS ARTICLE17
135,
AS APPLICABLE. The designee shall retain the records of the evidence18
of compliance so long as the person is employed at the crematory.19
SECTION 8. In Colorado Revised Statutes, 12-135-401, amend20
(1) introductory portion, (1)(b), (1)(c), (2), (3)(a), (4), (5), and (6)(a) as21
follows:22
12-135-401. Powers and duties of the director - rules. (1) I
N23
CONNECTION WITH A LICENSE ISSUED PURSUANT TO PART 5 OF THIS24
ARTICLE 135 OR A REGISTRATION ISSUED PURSUANT TO SECTION25
12-135-110
OR 12-135-303, the director may deny, suspend, refuse to26
renew, or revoke a license or registration pursuant to section 12-20-40427
173
-35- (1)(d); issue and send, by certified ELECTRONIC mail, a letter of1
admonition to a funeral establishment or crematory THE LICENSEE OR2
REGISTRANT under the circumstances specified in and in accordance with3
section 12-20-404 (4); issue a confidential letter of concern to a funeral4
establishment or crematory THE LICENSEE OR REGISTRANT under the5
circumstance specified in section 12-20-404 (5); place a registered funeral6
establishment or crematory THE LICENSEE OR REGISTRANT on probation7
pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the8
registration of a funeral establishment or crematory OR LICENSE under this9
article 135 that IF THE LICENSEE OR REGISTRANT has:10
(b) Had a registration
OR LICENSE issued by Colorado, or an11
equivalent license, registration, or certification issued by another state, to12
practice mortuary science or to embalm or cremate human remains
13
revoked AS DESCRIBED IN SECTIONS 12-135-601, 12-135-701, 12-135-801,14
AND 12-135-901 REVOKED; or15
(c) Violated this article 135, an applicable provision of article 2016
of this title 12, or any rule of the director adopted under this article 13517
OR COMMITTED AN ACT OR OMISSION SPECIFIED IN SECTION 12-135-508.18
(2) I
N CONNECTION WITH A LICENSE ISSUED PURSUANT TO PART 519
OF THIS ARTICLE 135 OR A REGISTRATION ISSUED PURSUANT TO SECTION20
12-135-110
OR 12-135-303, the director may deny or revoke a registration21
OR LICENSE if the funeral establishment, crematory,
LICENSEE, THE22
REGISTRANT, or the designee thereof OF A REGISTRANT has been convicted23
of a felony related to another activity regulated under this article 135 or24
a felony of moral turpitude A DISQUALIFYING CRIMINAL HISTORY AS25
DESCRIBED IN SECTION 12-135-503. The director shall promptly notify the26
funeral establishment or crematory LICENSEE OR REGISTRANT of the27
173
-36- revocation.1
(3) (a) The director may investigate the activities of a funeral2
establishment or crematory LICENSEE LICENSED PURSUANT TO PART 5 OF3
THIS ARTICLE 135 OR A REGISTRANT REGISTERED PURSUANT TO SECTION4
12-135-110
OR 12-135-303, upon the director's own initiative or upon5
receipt of a complaint or a suspected or alleged violation of this article6
135. The director may contract with a private party to perform an7
inspection. To perform an inspection, the director or a private party with8
whom the director contracts to perform the inspection may enter the9
premises of a funeral establishment or crematory with full right of ingress10
and egress during business hours.11
(4) The director shall keep records of registrations,
LICENSES, and12
disciplinary proceedings. The records kept by the director shall be open
13
to public inspection in a reasonable time and manner determined by the14
director. IF CONDUCTED PURSUANT TO THIS SECTION :15
(a) I
NVESTIGATIONS, EXAMINATIONS, HEARINGS, MEETINGS, OR16
PROCEEDINGS ARE EXEMPT FROM PART 4 OF ARTICLE 6 OF TITLE 24; AND17
(b) M
INUTES OR RECORDS CONCERNING LICENSING ACTION TAKEN18
ARE EXEMPT FROM PART 2 OF ARTICLE 72 OF TITLE 24.19
(5) When the director or administrative law judge deems it20
appropriate and useful, the director or administrative law judge may21
consult with or obtain a written opinion from an appropriate professional22
organization or association of businesses who
THAT offer services23
requiring registration
OR LICENSURE under this article 135 for the purpose24
of investigating possible violations or weighing the appropriate standard25
of care to be applied to specific events or the facts in a hearing being held26
under this article 135.27
173
-37- (6) (a) The director may promulgate reasonable rules necessary to1
implement this section, sections 12-135-110, 12-135-111, 12-135-303,2
and 12-135-304, and this part 4. ARTICLE 135.3
SECTION 9. In Colorado Revised Statutes, amend 12-135-4024
as follows:5
12-135-402. Fees. The director shall establish and collect the fees6
for a registration issued under
PARTS 1 AND 3 OF this article 135 pursuant7
to section 12-20-105.8
SECTION 10. In Colorado Revised Statutes, amend 12-135-4049
as follows:10
12-135-404. Civil penalty - fines. (1) On motion of the director,11
the court may impose a civil penalty of not more than one thousand12
dollars for a violation of
PART 1 OR 3 OF this article 135 or a rule13
promulgated under
PART 1 OR 3 OF this article 135.14
(2) In addition to any other penalty that may be imposed pursuant15
to this section, a funeral establishment or crematory violating
PART 1 OR16
3
OF this article 135 or a rule promulgated pursuant to PART 1 OR 3 OF this17
article 135 may be fined no less than one hundred dollars and no more18
than five thousand dollars for each violation proven by the director.19
SECTION 11. In Colorado Revised Statutes, amend 12-135-40620
as follows:21
12-135-406. Repeal - subject to review. Sections 12-135-11022
12-135-111,
AND 12-135-303 and 12-135-304 and this part 4 are repealed,23
effective July 1, 2024. Before the repeal, the regulation of persons24
registered to practice cremation and mortuary science is scheduled for25
review in accordance with section 24-34-104.26
SECTION 12. In Colorado Revised Statutes, 24-34-104, amend27
173
-38- (25)(a)(XIII); and add (32)(a)(XI) as follows:1
24-34-104. General assembly review of regulatory agencies2
and functions for repeal, continuation, or reestablishment - legislative3
declaration - repeal. (25) (a) The following agencies, functions, or both,4
are scheduled for repeal on September 1, 2024:5
(XIII) The regulation of persons registered to practice mortuary6
science by sections 12-135-110 and 12-135-111 SECTION 12-135-110 and7
cremation by sections 12-135-303 and 12-135-304 SECTION 12-135-303,8
and the administration thereof in accordance with part 4 of article 135 of9
title 12, and the regulation of nontransplant tissue banks by section10
12-140-103;11
(32) (a) The following agencies, functions, or both, are scheduled12
for repeal on September 1, 2031:13
(XI) T
HE REGULATION OF MORTUARY SCIENCE PROFESSIONALS14
PURSUANT TO PARTS 1, 4, AND 5 TO 9 OF ARTICLE 135 OF TITLE 12.15
SECTION 13. Appropriation. (1) For the 2024-25 state fiscal
16
year, $121,166 is appropriated to the department of regulatory agencies.17
This appropriation is from the division of professions and occupations18
cash fund created in section 12-20-105 (3), C.R.S. To implement this act,19
the department may use this appropriation as follows:20
(a) $94,013 for use by the division of professions and occupations21
for personal services, which amount is based on an assumption that the22
division will require an additional 1.0 FTE;23
(b) $7,950 for use by the division of professions and occupations24
for operating expenses; and25
(c) $19,203 for the purchase of legal services.26
(2) For the 2024-25 state fiscal year, $19,203 is appropriated to27
173
-39- the department of law. This appropriation is from reappropriated funds1
received from the department of regulatory agencies under subsection2
(1)(c) of this section and is based on an assumption that the department3
of law will require an additional 0.1 FTE. To implement this act, the4
department of law may use this appropriation to provide legal services for5
the department of regulatory agencies.6
SECTION 14. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
173
-40-