SENATE BILL 24-173
BY SENATOR(S) Roberts and Gardner, Hinrichsen, Marchman, Bridges,
Buckner, Coleman, Danielson, Exum, Fields, Ginal, Jaquez Lewis, Kolker,
Michaelson Jenet, Mullica, Priola, Rodriguez, Winter F., Zenzinger;
also REPRESENTATIVE(S) Soper and Titone, Bacon, Brown, Duran,
English, Froelich, Hamrick, Herod, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Lukens, Mabrey, Parenti, Ricks, Rutinel, Snyder, Story, Valdez,
Vigil, Weissman, Willford, McCluskie.
C
ONCERNING THE REGULATION OF PERSONS PROVIDING MORTUARY SCIENCE
SERVICES
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-135-103, amend
(1), (7), (12), (15), and (22); repeal (10) and (26); and add (1.5), (22.3),
(22.6), and (28) as follows:
12-135-103. Definitions - repeal. As used in this article 135, unless
the context otherwise requires:
(1) "Alternative container" means a nonmetal receptacle or
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 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 "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) "A
LTERNATIVE 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
.
(7) "Cremationist" means a person who cremates or prepares for
cremation human remains AN INDIVIDUAL WHO PRACTICES AS DESCRIBED IN
SECTION
12-135-901 (1).
(10) "Designee" means an individual designated by a funeralestablishment registered in accordance with section 12-135-110 or
12-135-303.
(12) "Embalmer" means any person who embalms, or prepares for
embalming, human remains for compensation AN INDIVIDUAL WHO
PRACTICES AS DESCRIBED IN SECTION
12-135-801.
(15) "Funeral director" means a person who, for compensation:
AN
INDIVIDUAL WHO PRACTICES AS DESCRIBED IN SECTION
12-135-601.
(a) Arranges, directs, or supervises funerals, memorial services, orgraveside services; or
(b) Prepares human remains for final disposition by means other
than embalming.
(22) "Mortuary science practitioner" means a person who, for
compensation, does the following or offers to do the following: AN
INDIVIDUAL WHO PRACTICES AS DESCRIBED IN SECTION
12-135-701.
(a) Embalms or cremates human remains;
PAGE 2-SENATE BILL 24-173 (b) Arranges, directs, or supervises funerals, memorial services, or
graveside services; or
(c) Prepares human remains for final disposition, not including
preparing the remains for natural reduction.
(22.3) "MORTUARY SCIENCE PROFESSIONAL " MEANS:
(a) A
FUNERAL DIRECTOR;
(b) A
MORTUARY SCIENCE PRACTITIONER ;
(c) A
N EMBALMER;
(d) A
CREMATIONIST; OR
(e) A NATURAL REDUCTIONIST.
(22.6) "N
ATURAL REDUCTIONIST" MEANS AN INDIVIDUAL WHO
PRACTICES AS DESCRIBED IN SECTION
12-135-901 (2).
(26) "Preparation of the body" means embalming, washing,
disinfecting, shaving, dressing, restoring, casketing, positioning, caring for
the hair of or applying cosmetics to human remains.
(28) (a) "PROVISIONAL LICENSE" MEANS A LICENSE ISSUED UNDER
SECTION
12-135-501 (4).
(b) T
HIS SUBSECTION (28) IS REPEALED, EFFECTIVE JANUARY 1, 2031.
SECTION 2. In Colorado Revised Statutes, add with amended
and relocated provisions parts 5, 6, 7, 8, and 9 to article 135 of title 12 as
follows:
PART 5
LICENSING OF MORTUARY SCIENCE PROFESSIONALS
12-135-501. Licenses required - funeral director, mortuary
science practitioner, embalmer, cremationist, and natural reductionist
- provisional license - rules - repeal. (1) E
FFECTIVE JANUARY 1, 2027, AN
PAGE 3-SENATE BILL 24-173 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) A
N EMBALMER;
(d) A
CREMATIONIST; OR
(e) A NATURAL REDUCTIONIST.
(2) T
HE DIRECTOR MAY PROMULGATE RULES TO ESTABLISH
APPLICATION PROCEDURES AND FORMS FOR ISSUING AND RENEWING A
LICENSE
.
(3) (a) T
O BE LICENSED UNDER THIS SECTION, AN INDIVIDUAL MUST:
(I) S
UBMIT 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) O
BTAIN 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) D
EMONSTRATE TO THE DIRECTOR THAT :
(A) T
HE 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
PAGE 4-SENATE BILL 24-173 (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) T
HE DIRECTOR SHALL DETERMINE WHETHER AN APPLICANT
SATISFIES THE REQUIREMENTS FOR LICENSURE AND SHALL EITHER
:
(I) S
END THE APPLICANT A WRITTEN STATEMENT OF THE REASONS
THE LICENSE IS DENIED
;
(II) I
SSUE 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) T
HIS SUBSECTION (3)(c) AND SUBSECTION (3)(a)(III)(B) OF THIS
SECTION ARE REPEALED
, EFFECTIVE JANUARY 1, 2031.
(4) (a) A
N 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) T
O BE ISSUED A PROVISIONAL LICENSE , AN APPLICANT MUST
DEMONSTRATE THAT THE APPLICANT
:
(I) H
AS 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;
PAGE 5-SENATE BILL 24-173 (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
.
(d) A
N 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) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1, 2031.
(5) (a) A
N 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) A
N INDIVIDUAL WHO HOLDS A PROVISIONAL LICENSE AND WHO
HAS NOT BEEN SUBJECT TO DISCIPLINE OBTAINS A FULL LICENSE UNDER THIS
ARTICLE
135 IF:
(I) T
HE 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
PAGE 6-SENATE BILL 24-173 135 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) N
OTWITHSTANDING 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) T
O BE A QUALIFIED PEER REVIEWER FOR THE PURPOSES OF
SUBSECTION
(5)(b) OF THIS SECTION, THE QUALIFIED PEER REVIEWER MUST
BE
:
(I) A
PPROVED 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 THAT 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 PROVISI ONAL LICENSEE
'S WORK, AND
ATTEST TO WHETHER THE PROVISI ONAL LICENSEE COMPLETED THE
PAGE 7-SENATE BILL 24-173 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) S
ATISFY THE REQUIREMENTS OF THE REPORT VIRTUALLY ;
(B) S
UPERVISE AS MANY PROVISIONAL LICENSEES AS THE REVIEWER
HAS THE CAPACITY TO APPROPRIATELY SUPERVISE
; OR
(C) BE CHOSEN BY THE PROVISIONAL LICENSEE .
(6) (a) A
N 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) U
PON 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) T
HIS 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) A
N 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.
12-135-502. Criminal history record checks. (1) A
N 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
PAGE 8-SENATE BILL 24-173 HISTORY RECORD CHECK.
(2) A
FTER 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) I
F 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) T
HE 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) T
HE 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) W
HEN THE FEDERAL BUREAU OF INVESTIGATION IS UNABLE
PAGE 9-SENATE BILL 24-173 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) W
HEN 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).
12-135-503. Criminal history - rules. (1) S
UBJECT 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) T
HE DIRECTOR MAY PROMULGATE RULES TO CATEGORIZE A
VIOLATION OF ANY OF THE FOLLOWING AS DIS QUALIFYING CRIMINAL
HISTORY UNDER THIS PART
5:
PAGE 10-SENATE BILL 24-173 (a) ARTICLE 140 OF THIS TITLE 12;
(b) A
RTICLE 15 OF TITLE 10; OR
(c) TITLE 6.
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) T
O 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) O
NE HOUR COVERING THE LAW APPLICABLE TO THE TYPE OF
LICENSE HELD BY THE APPLICANT FOR RENEWAL
;
(II) O
NE HOUR COVERING APPLICABLE ETHICS ; AND
(III) ONE HOUR COVERING PUBLIC HEALTH REQUIREMENTS , SUCH AS
UNIVERSAL PRECAUTIONS
.
(b) (I) T
HE DIRECTOR SHALL PROMULGATE RULES GOVERNING
CONTINUING EDUCATION
. THE RULES MUST ADDRESS:
(A) T
HE BASIC REQUIREMENTS FOR CONTINUING EDUCATION ;
(B) A
PPROVAL OF QUALIFYING CONTINUING EDUCATION CLASSES OR
PROVIDERS
; AND
(C) A SYSTEM OF REPORTING.
(II) I
N 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).
12-135-505. Not required to be licensed. (1) T
HIS PART 5 DOES
PAGE 11-SENATE BILL 24-173 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) A
N INDIVIDUAL LICENSED PURSUANT TO ARTICLE 105 OF THIS
TITLE
12 WHEN PRACTICING WITHIN THE SCOPE OF THE INDIVIDUAL 'S
LICENSE
;
(d) C
OURIERS; AND
(e) PRENEED CONTRACT COUNSELORS .
12-135-506. Title protection. (1) [Formerly 12-135-111 (1)] A
person shall not advertise, represent, or hold himself or herself
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.
(a) Has at least two thousand hours practicing or interning as amortuary science practitioner, including, without limitation, experience in
cremation and embalming;
(b) Has graduated with a certificate, diploma, or degree in mortuary
science from:
(I) A program accredited by the American Board of Funeral Service
Education or its successor, if the successor is approved by the director, and
the program is part of a school of higher education; or
(II) A school of higher education accredited by the American Board
of Funeral Service Education or its successor, if the successor is approved
by the director; and
(c) Has taken the mortuary science test, known as the national board
examination, administered by the International Conference of Funeral
Service Examining Boards or its successor, if the successor is approved by
PAGE 12-SENATE BILL 24-173 the director, and received a passing score.
(2) [Formerly 12-135-111 (2)] A person shall not advertise,
represent, or hold oneself THEMSELF out as or use the title of a "funeral
director" unless the applicant: PERSON HOLDS A FUNERAL DIRECTOR LICENSE
ISSUED IN ACCORDANCE WITH SECTION
12-135-501.
(a) Has at least two thousand hours practicing or interning as afuneral director; and
(b) Has directed at least fifty funerals or graveside services.
(3) [Formerly 12-135-111 (3)] A person shall not advertise,
represent, or hold oneself THEMSELF out as or use the title of an "embalmer"
unless the applicant: PERSON HOLDS AN EMBALMER LICENSE ISSUED IN
ACCORDANCE WITH SECTION
12-135-501.
(a) Has at least four thousand hours practicing or interning as anembalmer; and
(b) Has embalmed at least fifty human remains.
(4) [Formerly 12-135-304] A person shall not advertise, represent,
or hold oneself THEMSELF out as or use the title of a "cremationist" unless
the applicant has at least five hundred hours practicing or interning as a
cremationist and has cremated at least fifty human remains 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.
12-135-507. Disciplinary proceedings - investigations - hearings
- judicial review - fines. (1) (a) T
HE DIRECTOR MAY INVESTIGATE , HOLD
HEARINGS
, AND GATHER EVIDENCE IN A LL 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.
PAGE 13-SENATE BILL 24-173 (b) ON COMPLETION OF AN INVESTIGATION , THE DIRECTOR SHALL
FIND ONE OF THE FOLLOWING
:
(I) T
HE COMPLAINT IS WITHOUT MERIT AND NO FURTHER ACTION IS
NEEDED
;
(II) R
EASONABLE CAUSE TO WARRANT FURTHER ACTION DOES NOT
EXIST
;
(III) T
HE 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) I
F 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) A
N 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) T
HE 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) T
HE DIRECTOR SHALL CONDUCT DISCIPLINARY PROCEEDINGS IN
ACCORDANCE WITH SECTION
12-20-403 AND ARTICLE 4 OF TITLE 24.
(c) I
F 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) I
F THE DIRECTOR FINDS THE CHARGES AGAINST THE LICENSEE
PAGE 14-SENATE BILL 24-173 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) S
ECTION 12-20-408 GOVERNS JUDICIAL REVIEW OF A FINAL
ACTION OF THE DIRECTOR
.
(b) T
HE DIRECTOR MAY BRING AN ACTION FOR THE ENFORCEMENT OF
AN ORDER OF THE DIRECTOR IN ACCORDANCE WITH SECTION
12-20-406.
(5) I
F 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
.
E
ACH DAY OF A CONTINUING VIOLATION CONSTITUTES A SEPARATE
VIOLATION
.
12-135-508. Grounds for discipline. (1) T
HE 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) A
DVERTISED, REPRESENTED, OR HELD THEMSELF OUT AS A
LICENSED MORTUARY SCIENCE PROFESSIONAL AFTER THE EXPIRATION
,
SUSPENSION, OR REVOCATION OF THEIR LICENSE;
(b) F
ALSIFIED INFORMATION IN AN APPLICATION FOR A LICENSE OR
TO RENEW A LICENSE UNDER THIS PART
5;
(c) A
TTEMPTED TO OBTAIN OR OBTAINED A LICENSE BY FRAUD ,
DECEPTION, OR MISREPRESENTATION;
(d) E
NGAGED 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) F
RAUDULENTLY OBTAINED OR FURNISHED OR AIDED AND
ABETTED ANOTHER PERSON IN FRAUDULENTLY OBTAINING OR FURNISHING
:
PAGE 15-SENATE BILL 24-173 (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) F
AILED TO NOTIFY THE DIRECTOR, IN WRITING, OF:
(A) T
HE 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) T
O COMPLY WITH SUBSECTION (1)(f)(I) OF THIS SECTION, THE
LICENSEE MUST
:
(A) G
IVE 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) F
OR 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) A
DVERTISED, 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;
PAGE 16-SENATE BILL 24-173 (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) F
AILED 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) C
OMMITTED AN ACT THAT DOES NOT MEET , OR FAILED TO
PERFORM AN ACT NECESSARY TO MEET
, GENERALLY ACCEPTED STANDARDS
OF MORTUARY SCIENCE
;
(l) U
SED FRAUDULENT, COERCIVE, OR DISHONEST PRACTICES, OR
DEMONSTRATED INCOMPETENCE OR UNTRUSTWORTHINESS
, IN THIS STATE OR
ELSEWHERE
;
(m) D
ISINFECTED, 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) D
ISCRIMINATED 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) A
UTHORIZED 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 PROFESSI ONAL RELATIONSHIP WITH THE DECEDENT TO
APPROVE OR CAUSE THE FINAL DISPOSITION OF HUMAN REMAINS IN
VIOLATION OF THIS ARTICLE
135;
(p) P
AID OR PROVIDED BENEFITS IN A MANNER THAT DEPRIVES THE
PAGE 17-SENATE BILL 24-173 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) E
NGAGED 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) R
EFUSED 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) T
OLD 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) E
MBALMED, 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) P
ROHIBITED, 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) E
NGAGED IN WILLFULLY DISHONEST CONDUCT ;
(w) C
OMMITTED NEGLIGENCE THAT DEFRAUDED OR CAUSED INJURY
OR WAS LIKELY TO DEFRAUD OR CAUSE INJURY IN THE PRACTICE OF
PAGE 18-SENATE BILL 24-173 CREMATION, NATURAL REDUCTION, EMBALMING, FUNERAL DIRECTING, OR
PROVIDING FOR FINAL DISPOSITION
;
(x) S
OLD OR OFFERED TO SELL THE SOIL PRODUCED BY THE NATURAL
REDUCTION OF HUMAN REMAINS TO ANY PERSON
;
(y) C
OMMINGLED 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) T
HE CREMATED REMAINS OF MORE THAN ONE PERSON , EXCEPT AS
AUTHORIZED IN SECTION
12-135-109;
(II) T
HE SOIL PRODUCED BY THE NATURAL REDUCTION OF THE
HUMAN REMAINS OF MORE THAN ONE PERSON
, EXCEPT AS AUTHORIZED IN
SECTION
12-135-109;
(III) T
HE 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) F
OR 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) S
UBSECTION (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
.
PAGE 19-SENATE BILL 24-173 12-135-509. Liberal construction. T HIS PART 5 AND PARTS 6 TO 9
OF THIS ARTICLE 135 MUST BE LIBERALLY CONSTRUED TO EFFECTUATE THEIR
PURPOSES AND TO PROTECT CONSUMERS
.
12-135-510. Repeal of part. T
HIS 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.
PART 6
FUNERAL DIRECTORS
12-135-601. Practice of a funeral director described - definition.
(1) A
S 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) T
HE PRACTICE OF A FUNERAL DIRECTOR CONSISTS OF
PERFORMING THE FOLLOWING ACTS FOR COMPENSATION
:
(I) S
ELLING OR OFFERING TO SELL SERVICES CONCERNING THE FINAL
DISPOSITION OF HUMAN REMAINS ON AN AT
-NEED BASIS;
(II) P
LANNING, 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) M
AKING, 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) D
IRECTLY 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 ;
PAGE 20-SENATE BILL 24-173 (B) A FUNERAL SERVICE; OR
(C) A MEMORIAL SERVICE, IF THE MEMORIAL SERVICE IS SOLD OR
ARRANGED BY A LICENSEE
;
(V) M
ANAGING 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) T
HE 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) S
UBSECTION (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) S
UBSECTION (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) T
HE PRACTICE OF A FUNERAL DIRECTOR DOES NOT INCLUDE :
(a) (I) T
RANSMITTING, BY TELEPHONE, BY FAX, OR ELECTRONICALLY,
OBITUARY NOTICES;
(II) O
RDERING FLOWERS OR MERCHANDISE ;
PAGE 21-SENATE BILL 24-173 (III) DELIVERING DEATH CERTIFICATES TO ATTENDING PHYSICIANS ;
(IV) C
LERICAL 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) F
URNISHING STANDARD, PRINTED PRICE LISTS AND DISCLOSURE
INFORMATION TO THE PUBLIC BY PROVIDING THE INFORMATION TO PERSONS
MAKING AN INQUIRY
;
(c) A
RRANGING, COORDINATING, OR EMPLOYING, IN CONNECTION
WITH THE FINAL DISPOSITION OF HUMAN REMAINS
, REMOVAL SERVICES,
REGISTERED REFRIGERATION FACILITIES , OR REGISTERED CENTRALIZED
EMBALMING FACILITIES
;
(d) A
NY ASPECT OF MAKING PRENEED FUNERAL ARRANGEMENTS OR
ENTERING INTO PRENEED CONTRACTS
; OR
(e) FUNCTIONS NORMALLY PERFORMED BY CEMETERY OR
CREMATORY PERSONNEL
.
(4) (a) A
N 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) A
NY TASK INVOLVING HANDLING HUMAN REMAINS ; EXCEPT THAT
THIS SUBSECTION
(4)(d)(I) DOES NOT APPLY TO TRANSPORTING HUMAN
PAGE 22-SENATE BILL 24-173 REMAINS;
(II) S
IGNING 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
.
12-135-602. License required. O
N 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.
12-135-603. Qualifications - examination - licensure- rules.
(1) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION 12-135-501
(3),
TO BE QUALIFIED TO OBTAIN A FUNERAL DIRECTOR LICENSE , AN
APPLICANT MUST
:
(a) H
AVE GRADUATED FROM AN ACCREDITED MORTUARY SCIENCE
SCHOOL
;
(b) H
AVE 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
.
PART 7
MORTUARY SCIENCE PRACTITIONERS
12-135-701. Practice of a mortuary science practitioner
described. (1) T
HE PRACTICE OF A MORTUARY SCIENCE PRACTITIONER
CONSISTS OF PERFORMING OR OFFERING TO PERFORM ANY OF THE
FOLLOWING ACTS FOR COMPENSATION
:
(a) T
HE PRACTICE OF A FUNERAL DIRECTOR AS DESCRIBED IN SECTION
PAGE 23-SENATE BILL 24-173 12-135-601 (2);
(b) T
HE PRACTICE OF AN EMBALMER AS DESCRIBED IN SECTION
12-135-801 (1);
(c) T
HE PRACTICE OF A CREMATIONIST AS DESCRIBED IN SECTION
12-135-901 (1);
(d) T
HE PRACTICE OF A NATURAL REDUCTIONIST AS DESCRIBED IN
SECTION
12-135-901 (2); OR
(e) USING ANY WORD OR ABBREVIATI ON TO INDICATE OR INDUCE
OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A MORTUARY
SCIENCE PRACTITIONER
.
(2) (a) A
N 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) A
NY TASK INVOLVING HANDLING HUMAN REMAINS ; EXCEPT THAT
THIS SUBSECTION
(2)(d)(I) DOES NOT APPLY TO TRANSPORTING HUMAN
REMAINS
;
(II) S
IGNING 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
.
12-135-702. License required. O
N AND AFTER JANUARY 1, 2027,
PAGE 24-SENATE BILL 24-173 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.
12-135-703. Qualifications - examination - licensure - rules.
(1) I
N 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) H
AVE GRADUATED FROM AN ACCREDITED MORTUARY SCIENCE
SCHOOL
;
(b) H
AVE 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
.
PART 8
EMBALMERS
12-135-801. Practice of an embalmer described. (1) T
HE
PRACTICE OF AN EMBALMER CONSISTS OF ENGAGING IN
, OFFERING TO
ENGAGE IN
, OR ATTEMPTING TO ENGAGE IN THE FOLLOWING ACTS FOR
COMPENSATION
:
(a) T
EMPORARILY DISINFECTING AND PRESERVING HUMAN REMAINS
BY CHEMICALLY TREATING THE HUMAN REMAINS TO
:
(I) R
EDUCE THE PRESENCE AND GROWTH OF ORGANISMS ; OR
(II) RETARD ORGANIC DECOMPOSITION ;
(b) D
ISINFECTING AND PRESERVING HUMAN REMAINS BY THE USE OF
PAGE 25-SENATE BILL 24-173 OR APPLICATION OF CHEMICAL SUBSTANCES THAT ARE ORDINARILY USED
FOR
, PREPARED FOR, OR INTENDED FOR DISINFECTION OR PRESERVATION BY :
(I) I
NTRODUCING 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) T
HE PRACTICE OF AN EMBALMER DOES NOT INCLUDE :
(a) S
ETTING FEATURES FOR THE PURPOSE OF IDENTIFYING
UNEMBALMED HUMAN REMAINS
; OR
(b) DISINFECTING HUMAN REMAINS THROUGH NONARTERIAL
METHODS
.
12-135-802. License required. O
N 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.
12-135-803. Qualifications - examination - licensure - rules.
(1) I
N ADDITION TO SATISFYING THE REQUIREMENTS OF SECTION 12-135-501
(3),
TO BE QUALIFIED TO OBTAIN AN EMBALMER LICENSE , THE APPLICANT
MUST
:
(a) H
AVE GRADUATED FROM AN ACCREDITED MORTUARY SCIENCE
SCHOOL
;
(b) H
AVE 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
PAGE 26-SENATE BILL 24-173 (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
.
PART 9
CREMATIONISTS AND NATURAL REDUCTIONISTS
12-135-901. Practice of a cremationist described - practice of a
natural reductionist described. (1) T
HE PRACTICE OF A CREMATIONIST
CONSISTS OF ENGAGING IN
, OFFERING TO ENGAGE IN, OR ATTEMPTING TO
ENGAGE IN THE FOLLOWING ACTS FOR COMPENSATION
:
(a) P
REPARING HUMAN REMAINS FOR CREMATION ;
(b) C
REMATING HUMAN REMAINS ; OR
(c) USING ANY WORD OR ABBREVIATI ON TO INDICATE OR INDUCE
OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A
CREMATIONIST
.
(2) T
HE PRACTICE OF A NATURAL REDUCTIONIST CONSISTS OF
ENGAGING IN
, OFFERING TO ENGAGE IN, OR ATTEMPTING TO ENGAGE IN THE
FOLLOWING ACTS FOR COMPENSATION
:
(a) P
REPARING HUMAN REMAINS FOR NATURAL REDUCTION ;
(b) N
ATURAL REDUCTION OF HUMAN REMAINS ; OR
(c) USING ANY OTHER WORD OR A BBREVIATION TO INDICATE OR
INDUCE OTHERS TO BELIEVE THAT ONE IS LICENSED TO PRACTICE AS A
NATURAL REDUCTIONIST
.
12-135-902. License required. (1) O
N AND AFTER JANUARY 1,
2027,
EXCEPT AS PROVIDED IN PART 7 OF THIS ARTICLE 135:
(a) A
N INDIVIDUAL WHO EN GAGES 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
PAGE 27-SENATE BILL 24-173 REDUCTIONIST MUST BE LICENSED BY THE DIRECTOR AS A NATURAL
REDUCTION REDUCTIONIST IN ACCORDANCE WITH THIS PART
9 AND PART 5
OF THIS ARTICLE 135.
12-135-903. Qualifications - examinations - rules. (1) I
N
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) I
N 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
.
SECTION 3. Repeal of relocated and nonrelocated provisions
in this act. In Colorado Revised Statutes, repeal 12-135-111 and
12-135-304; except that 12-135-111 (4) is not relocated.
SECTION 4. In Colorado Revised Statutes, 12-20-204, amend
(2)(a); and repeal (2)(c) as follows:
12-20-204. Regulator's rule-making authority. (2) Subsection (1)
of this section does not apply to the following:
(a) Article 110 of this title 12 concerning combative sports;
AND
(c) Article 135 of this title 12 concerning mortuaries and
crematories; and
SECTION 5. In Colorado Revised Statutes, 12-20-406, repeal
(2)(b)(III) as follows:
12-20-406. Injunctive relief. (2) (b) Subsection (2)(a) of this
PAGE 28-SENATE BILL 24-173 section does not apply to the following:
(III) Article 135 of this title 12 concerning mortuaries and
crematories;
SECTION 6. In Colorado Revised Statutes, 12-135-110, amend (3)
introductory portion, (3)(d), (3)(e), and (4); and add (3)(f) as follows:
12-135-110. Registration required. (3) Each funeral establishment
shall appoint an individual as the designee of the funeral establishment. A
designee shall
MUST:
(d) Have the authority within the funeral establishment's
organization to require that personnel comply with this article 135; and
(e) Not be designated for more than one funeral establishment;
unless the additional establishment is operated under common ownership
and management and no funeral establishment is more than sixty miles from
another establishment held under the same ownership conditions. 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 section
12-135-111 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.
SECTION 7. In Colorado Revised Statutes, 12-135-303, amend (4)
as follows:
12-135-303. Registration required. (4) The designee shall require
each person employed at the crematory to demonstrate evidence of
compliance with section 12-135-304
PARTS 5 TO 9 OF THIS ARTICLE 135, AS
PAGE 29-SENATE BILL 24-173 APPLICABLE. The designee shall retain the records of the evidence of
compliance so long as the person is employed at the crematory.
SECTION 8. In Colorado Revised Statutes, 12-135-401, amend (1)
introductory portion, (1)(b), (1)(c), (2), (3)(a), (4), (5), and (6)(a) as follows:
12-135-401. Powers and duties of the director - rules. (1) I
N
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 certified
ELECTRONIC mail, a letter of admonition to a funeral
establishment or crematory 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 a funeral establishment or crematory
THE LICENSEE OR REGISTRANT under the circumstance specified in section
12-20-404 (5); place a registered funeral establishment or crematory THE
LICENSEE OR REGISTRANT
on probation pursuant to section 12-20-404
(1)(b); or limit the scope of practice of the registration of a funeralestablishment or crematory OR LICENSE under this article 135 that IF THE
LICENSEE OR REGISTRANT
has:
(b) Had a registration
OR LICENSE issued by Colorado, or an
equivalent license, registration, or certification issued by another state, to
practice mortuary science or to embalm or cremate human remains revokedAS DESCRIBED IN SECTIONS 12-135-601, 12-135-701, 12-135-801, AND
12-135-901 REVOKED; or
(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.
(2) I
N 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 funeral establishment, crematory,
LICENSEE, THE
REGISTRANT
, or the designee thereof
OF A REGISTRANT has been convicted
of a felony related to another activity regulated under this article 135 or a
felony of moral turpitude A DISQUALIFYING CRIMINAL HISTORY AS
DESCRIBED IN SECTION
12-135-503. The director shall promptly notify the
PAGE 30-SENATE BILL 24-173 funeral establishment or crematory LICENSEE OR REGISTRANT of the
revocation.
(3) (a) The director may investigate the activities of a funeral
establishment or crematory 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.
The director may contract with a private party to perform an inspection. 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 during
business hours.
(4) The director shall keep records of registrations,
LICENSES, and
disciplinary proceedings. The records kept by the director shall be open to
public inspection in a reasonable time and manner determined by the
director. IF CONDUCTED PURSUANT TO THIS SECTION :
(a) I
NVESTIGATIONS, 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 who THAT offer 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 section, sections 12-135-110, 12-135-111, 12-135-303, and
12-135-304, and this part 4 ARTICLE 135.
SECTION 9. In Colorado Revised Statutes, amend 12-135-402 as
follows:
PAGE 31-SENATE BILL 24-173 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.
SECTION 10. In Colorado Revised Statutes, amend 12-135-404
as follows:
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.
SECTION 11. In Colorado Revised Statutes, amend 12-135-406
as follows:
12-135-406. Repeal - subject to review. Sections 12-135-110
12-135-111,
AND 12-135-303 and 12-135-304 and this part 4 are repealed,
effective July 1, 2024. 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.
SECTION 12. In Colorado Revised Statutes, 24-34-104, amend
(25)(a)(XIII); and add (32)(a)(XIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (25) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2024:
(XIII) The regulation of persons registered to practice mortuary
science by sections 12-135-110 and 12-135-111
SECTION 12-135-110 and
cremation by sections 12-135-303 and 12-135-304 SECTION 12-135-303,
and the administration thereof in accordance with part 4 of article 135 of
title 12, and the regulation of nontransplant tissue banks by section
PAGE 32-SENATE BILL 24-173 12-140-103;
(32) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2031:
(XIII) T
HE REGULATION OF MORTUARY SCIENCE PROFESSIONALS
PURSUANT TO PARTS
1, 4, AND 5 TO 9 OF ARTICLE 135 OF TITLE 12.
SECTION 13. Appropriation. (1) For the 2024-25 state fiscal
year, $121,166 is appropriated to the department of regulatory agencies.
This appropriation is from the division of professions and occupations cash
fund created in section 12-20-105 (3), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $94,013 for use by the division of professions and occupations
for personal services, which amount is based on an assumption that the
division will require an additional 1.0 FTE;
(b) $7,950 for use by the division of professions and occupations for
operating expenses; and
(c) $19,203 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $19,203 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.1 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
SECTION 14. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 33-SENATE BILL 24-173 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 34-SENATE BILL 24-173