This amendment updates the law to allow mortuary science practitioners, in addition to funeral directors, to handle death certificates when a person has not died from an infectious disease.
HB26-1258
Changes to Death-Care Practices and Licensing in Colorado
In one sentence
This law updates rules for funeral homes, creates a new associate license option, defines who can act as a broker, increases penalties for abusing human remains, adds requirements for contracts including complaint contact info, and sets physical location standards.
What it does
- Creates an 'associate' license option that allows individuals to practice under the supervision of fully licensed professionals.
- Defines the term 'broker' as a person who does not directly provide preparation or funeral services but uses subcontractors exclusively.
- Requires funeral establishments to have a physical location subject to inspection with at least one area used for direct service provision.
- Increases the criminal penalty for abusing a corpse from a class 6 felony to a class 5 felony for offenses committed on and after January 1, 2027.
- Mandates that contracts include specific license numbers of practitioners or designees and contact information for filing complaints with regulators.
Who it affects
- Funeral directors, embalmers, cremationists, natural reductionists, mortuary science practitioners, and those holding associate licenses.
- Owners and operators of funeral establishments, including brokers who use subcontractors.
- The Division of Professions and Occupations within the Department of Regulatory Agencies.
Limits and unknowns
- The official text provided does not state the specific effective date when these new rules begin.
- Details regarding nontransplant tissue banks and regulatory review timelines are mentioned but cut off in the source material.
- Specific fees or costs associated with the new associate license option are not listed in this excerpt.
Plain language
Terms to know
- Broker
- A person who does not directly provide preparation or funeral services to the public but provides these services exclusively through subcontractors.
- Associate License
- A license that allows an individual to practice under the supervision of a licensed professional such as a funeral director, embalmer, cremationist, natural reductionist, or mortuary science practitioner.
- Natural Reductionist
- A licensed professional who performs natural reduction for human remains.
Official record
Sources
Official summary
The act makes changes to death-care-related practices, including changes to: The practices of professionals licensed and establishments registered pursuant to the 'Mortuary Science Code'; The licensure options for professionals seeking licensure pursuant to the 'Mortuary Science Code', including the inclusion of an associate license option; The powers and duties of the director of the division of professions and occupations in connection with regulating professionals licensed and establishments registered pursuant to the 'Mortuary Science Code'; The provisions concerning nontransplant tissue banks and the discipline of a person that has an interest in a nontransplant tissue bank; The abuse of a corpse as a criminal offense, including increasing the offense from a class 6 felony to a class 5 felony for offenses committed on and after January 1, 2027; The timeline for regulatory review of certain death-care-related entities and provisions; and The process by which a licensed individual initiates, completes, responds to, or files a death certificate. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- House Consideration of First Conference Committee Report result was to Adopt Committee Report - RepassHouse
- Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - RepassSenate
- First Conference Committee Result was to Adopt Rerevised w/ AmendmentsConfComm
- House Considered Senate Amendments - Result was to Not Concur - Request Conference CommitteeHouse
- House Considered Senate Amendments - Result was to Laid Over DailyHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed with Amendments - Committee, FloorSenate
- Senate Committee on Appropriations Refer Amended to Senate Committee of the WholeSenate
- Senate Committee on Business, Labor, & Technology Refer Amended to AppropriationsSenate
- Introduced In Senate - Assigned to Business, Labor, & TechnologySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
- House Committee on Business Affairs & Labor Refer Amended to House Committee of the WholeHouse
- House Committee on Business Affairs & Labor Lay Over Unamended - Amendment(s) FailedHouse
- Introduced In House - Assigned to Business Affairs & LaborHouse
Changes
Amendments
9 stored
This amendment simplifies the rule for handling human remains by removing extra requirements about safety, sanitation, and dignity from a specific sentence.
This amendment changes a specific number in the bill from '6' to '6.5', but it does not explain what that number means or how it affects death-care practices.
This amendment removes a section that would have changed the state law defining how death-related crimes are classified.
This amendment adds a new legal definition for 'funeral arrangements' that lists specific tasks like planning ceremonies and comparing prices.
This amendment would have changed the official short title of Colorado's Mortuary Science Code to a joke about death and taxes.
This amendment adds three new rules to the list of prohibited actions for death care professionals regarding cremation facilities and casket requirements.
This amendment updates the list of prohibited actions for handling dead bodies by adding specific examples like throwing a body in trash, burning it, or stacking them without proper containers.
This amendment adds a new rule allowing unlicensed people to be present at death care facilities if they have permission, are supervised by the licensee, and help maintain respect for human remains.