Changes to Practices Relating to Death

0
HOUSE BILL 26-1258
BY REPRESENTATIVE(S) Soper and Titone, Boesenecker, Duran,
Espenoza, Garcia, Hamrick, Keltie, Lieder, Lindsay, Marshall, Nguyen,
McCluskie, Bacon, Brown, Martinez;
also SENATOR(S) Roberts and Pelton R., Ball, Bridges, Danielson,
Gonzales J., Hinrichsen, Kipp, Kirkmeyer, Liston, Marchman, Pelton B.,
Rodriguez, Wallace, Coleman.
CONCERNING DEATH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-135-103, amend
(16) and (18); add (1.6) and (1.8); and recreate and reenact, with
amendments, (10) as follows:
12-135-103. Definitions -repeal.
As used in this article 135, unless the context otherwise requires:
(1.6) "ARRANGEMENT", "ARRANGEMENTS", OR "FUNERAL
ARRANGEMENTS" MEANS:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions fi'om existing law and such material is not part of
the act.
(a) PLANNING THE DETAILS OF A FUNERAL CEREMONY OR MEMORIAL
SERVICE, INCLUDING PLANNING THE TIME OF SERVICE AND THE TYPE OF
CEREMONY OR SERVICE;
(b) OBTAINING THE NECESSARY INFORMATION FOR FILING A DEATH
CERTIFICATE;
(c) COMPARING OR DISCUSSING PRICES, INCLUDING THE PRICE OF
FUNERALGOODSANDPRENEEDCONTRACTS;OR
( d) PROVIDING ONSITE DIRECTION AND COORDINATION OF
PARTICIPANTS AND ONSITE DIRECTION, COORDINATION, AND FACILITATION
AT A FUNERAL CEREMONY OR MEMORIAL SERVICE.
(1.8) "BROKER" MEANS A PERSON THAT DOES NOT DIRECTLY
PROVIDE PREPARATION OF HUMAN REMAINS FOR FINAL DISPOSITION OR
FUNERAL SERVICES TO THE PUBLIC AND WHO PROVIDES FUNERAL SERVICES
EXCLUSIVELY THROUGH THE USE OF SUBCONTRACTORS.
(10) "DESIGNEE"MEANSANINDIVIDUALDESIGNATEDBY A FUNERAL
ESTABLISHMENT REGISTERED IN ACCORDANCE WITH SECTION 12-135-110.
(16) "Funeral establishment" "fttnernl home", or "mortuary" means:
(a) An establishment that DIRECTLY holds, cares for, or prepares
human remains prior to final disposition, including a crematory or
embalming room; except that this subsection (16)(a) does not apply to
establishments in which individuals regularly die;
(b) An establishment that holds itself out to the genernl public as
prnviding DIRECTLY PROVIDES funeral goods and FUNERAL services;
(c) Facilities A FACILITY used to hold, care for, or prepare human
remains prior to final disposition; except that this subsection ( 16)( c) does
not apply to facilities in which individuals regularly die; or
( d) An establishment that DIRECTLY provides funeral or memorial
services to the public for compensation.
(18) "Funeral services" means:
PAGE 2-HOUSE BILL 26-1258
(a) Preparation of human remains for final disposition, INCLUDING
REFRIGERATION, EMBALMING, AND MEMORIAL SERVICES; except that this
subsection (18)(a) does not apply to cremation; OR
(b) Anangement, Supervision or conduct of the funeral ceremony
or the final disposition of human remains. or
( c) Transportation of human remains to 01 ft om a funeral
establishment.
SECTION 2. In Colorado Revised Statutes, 12-135-104, amend
(1); and add (3) and (4) as follows:
12-135-104. Funeral establishment -subcontractor.
( 1) (a) A funeral establishment shall have the appropriate equipment
and personnel to adequately AND DIRECTLY provide the funeral services it
contracts to provide and shall provide written notice to the consumer
specifying any subcontractors or agents routinely handling or caring for
human remains.
(b) To comply WITH SUBSECTION (l)(a) OF THIS SECTION, the notice
must be given when the consumer inquires about the goods or services the
funeral establishment provides and must include the names and addresses
of the subcontractors, agents, or other providers; except that, if the inquiry
is over the telephone, the written notice must be provided when the
customer finalizes the arrangements for goods or services with the funeral
establishment.
(3) A FUNERAL ESTABLISHMENT MUST HA VE A PHYSICAL LOCATION
THAT:
(a) Is SUBJECT TO INSPECTION; AND
(b) INCLUDES AT LEAST ONE AREA THAT IS USED TO DIRECTLY
PROVIDE FUNERAL SERVICES.
( 4) A BROKER DOES NOT QUALIFY FOR REGISTRATION AS A FUNERAL
ESTABLISHMENT.
PAGE 3-HOUSE BILL 26-1258
SECTION 3. In Colorado Revised Statutes, 12-135-105, amend
(1 )( e ), (1 )(g)(II), ( 1 )(i) introductory portion, (1 )(i)(I), ( 1 )(i)(VIII), (1 )(i)(IX),
(l)(n), (l)(o), and (l)(p); and add (l)(i)(X), (l)(i)(XI), (l)(u), (l)(v), and
(l)(w), (l)(x), (l)(y), and (l)(z) as follows:
12-135-105. Unlawful acts.
(1) It is unlawful:
(e) For a funeral director, mortuary science practitioner, embalmer,
C RE MATIONIST : NATURAL REDUCTIONIST, funeral establishment, or facility
in which people regularly die or the person's or facility's agent to engage in
a business practice that interferes with the freedom of choice of the general
public to choose a funeral director, mortuary science practitioner,
embalmer, CREMATIONIST, NATURAL REDUCTIONIST, or funeral
establishment;
(g) To transport or otherwise transfer by common carrier human
remains unless:
(11) The transport or transfer is to a funeral establishment, funeral
director, or embalmer, CREMATIONIST, OR NATURAL REDUCTIONIST within
the state of Colorado;
(i) For a funeral director, mortuary science practitioner, or
embalmer, CREMATIONIST, OR NATURAL REDUCTIONIST to admit or permit
any person to visit the embalming, cremation, or preparation room during
the time a body is being embalmed, cremated, or prepared for final
disposition, unless the person:
(I) Is a funeral director, mortuary science practitioner, cremationist,
NATURAL REDUCTIONIST, or embalmer;
(VIII) Is a technician representing a procurement organization as
defined in section 15-19-202 for purposes of an anatomical gift; or
(IX) Is the director or the director's designee;
(X) Is PRA CTICING UNDER AN ASSOCIATE LICENSE ISSUED PURSUANT
TO SECTION 12-135-501; OR
PAGE 4-HOUSE BILL 26-1258
(XI) IS PRESENT WITH THE PERMISSION OF A LICENSEE TO ASSIST IN
THE NORMAL BUSINESS OPERATIONS OF THE FACILITY, THE LICENSEE IS
DIRECTLY RESPONSIBLE FOR THE PERSON'S ACTIVITIES AND ACTIONS, AND
THE PERSON AND THE LICENSEE TAKE ALL APPROPRIATE STEPS TO ENSURE
THE DIGNITY OF HUMAN REMAINS IS MAINTAINED;
(n) To engage in willfully dishonest conduct or commit negligence
in the practice of embalming, CREMATING, NATURALL y REDUCING, funeral
directing, or providing for final disposition that defrauds or causes injury or
is likely to defraud or cause injury;
( o) To fail to include in a contract for funeral services the following
statement: "FUNERAL HOMES AND CRE~fATORY
ESTABLISIIMENTS ARE REGULATED BY TIIE DEPARTMENT OF
REGULATORY AGENCIES. TO FILE A COMPLAINT, CONTACT"
"FUNERAL ESTABLISHMENTS ARE REGULATED BY THE
DEPARTMENT OF REGULATORY AGENCIES. TO FILE A
COMPLAINT, CONTACT:", along with the current address, or telephone
number, OR EMAIL ADDRESS of the department;
(p) For a person owning an indirect 01 a diteet AN interest in a
funeral establishment to own an indirect AN interest in a nontransplant
tissue bank, as defined in section 12-140-102 (3); 01 to own a direct inte1est
in a nontt ansplant tissue bank,
(u) To COMMIT AN ACT THAT DOES NOT MEET THE GENERALLY
ACCEPTED STANDARDS OF MORTUARY SCIENCE OR TO FAIL TO PERFORM AN
ACT THAT IS REQUIRED TO MEET THE GENERALLY ACCEPTED STANDARDS OF
MORTUARY SCIENCE;
(v) To FAIL TO INCLUDE THE LICENSE NUMBER OF THE DESIGNEE OF
THE FUNERAL ESTABLISHMENT IN ALL CONTRACTS FOR FUNERAL SERVICES
OR FUNERAL GOODS;
(w) To FAIL TO PROPERLY SUPERVISE AN ASSOCIATE, LICENSED
PURSUANT TO SECTION 12-135-501 (7), WHO IS REQUIRED TO BE PERFORMING
TASKS UNDER THE SUPERVISION OF A LICENSED FUNERAL DIRECTOR,
MORTUARY SCIENCE PRACTITIONER, CREMATIONIST, NATURAL
REDUCTIONIST, OR EMBALMER PURSUANT TO SECTION 12-135-501 (8);
PAGE 5-HOUSE BILL 26-1258
(x) To CREMATE HUMAN REMA _INS IN A FACILITY UNLESS THE
FACILITY IS REGISTERED PURSUANT TO SECTION 12-135-110;
(y) TO REFUSE TO ACCEPT HUMAN REMAINS THAT ARE NOT IN A
CASKET OR TO REQUIRE HUMAN REMAINS TO BE PLACED IN A CASKET AT ANY
TIME; OR
(z) TO ALLOW ACREMATIONISTORANYOTHERINDIVIDUALLICENSED
PURSUANT TO THIS ARTICLE 135 TO PERFORM SERVICES BEYOND THE
INDIVIDUAL'S COMPETENCY, TRAINING, OR EDUCATION.
SECTION 4. In Colorado Revised Statutes, 12-135-107, amend
(4); and add (5) as follows:
12-135-107. Consumer protection.
( 4) When quoting funeral prices, either orally, by use of a disclosure
statement, or by a final bill, the funeral establishment shall only list those
items as cash advances or accommodation items that are paid for or could
be paid for by the next of kin in the same amount that is paid by the funeral
home ESTABLISHMENT.
(5) A CONTRACT FOR FUNERAL SERVICES ENTERED INTO BY A
DESIGNEE MUST INCLUDE THE LICENSE NUMBER OF THE FUNERAL DIRECTOR,
CREMATIONIST, EMBALMER, MORTUARY SCIENCE PRACTITIONER, OR
NATURAL REDUCTIONIST.
SECTION 5. In Colorado Revised Statutes, 12-135-109, amend
(2)(b), (4) introductory portion, and (5) as follows:
12-135-109. Exceptions -safe harbor.
(2) (b) If human remains are refrigerated or embalmed under
subsection (2)(a) of this section, the body must be interred within, frozen
within, or cremated within thirty SIXTY days after death or the process of
natural reduction must begin within thirty SIXTY days after death; except
that the DIRECTOR OR A coroner WHO DOES NOT HA VE AN INTEREST IN THE
BUSINESS OF THE FUNERAL ESTABLISHMENT may authorize otherwise in
writing. The DIRECTOR OR coroner shall not permit an exception to this
subsection (2)(b) unless the applicant SEEKING THE EXCEPTION can
PAGE 6-HOUSE BILL 26-1258
demonstrate a legitimate delay caused by unforeseen, uncontrollable
circumstances or by a criminal investigation.
( 4) If a funeral director, mortuary science practitioner, m- embalmer,
CREMA TIONIST, NATURAL REDUCTIONIST, OR FUNERAL ESTABLISHMENT has
acted in good faith, the funeral director, mortuary science practitioner, m­
embalmer, CREMATIONIST, NATURAL REDUCTIONIST, OR FUNERAL
ESTABLISHMENT may rely on a signed statement from a person with the right
of final disposition under section 15-19-106 that:
(5) (a) (I) A funeral establishment, funeral director, CREMATIONIST,
NATURAL REDUCTIONIST, EMBALMER, or mortuary science practitioner may
dispose of cremated 01 naturally reduced remains AT THE DISCRETION OF
THE FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CREMATIONIST,
NATURAL REDUCTIONIST, EMBALMER, OR MORTUARY SCIENCE PRACTITIONER
AND at the expense of the person with the right of final disposition one
hundt ed eighty days after ct ematim1 or natm al I eduction if the pet son was
given cleat prior notice of this subsection (S)(a) and a reasonable
opportunity to collect the I emains, the exact location of the final disposition
and the costs associated with the final disposition ate I ecor ded, and the
recovery of the remains is possible. Reco'Very of costs is limited to a
reasonable amount of the costs actually expended by the funeral
establishment, funeral dit ectot, 01 mortuary science practitioner. YEAR
AFTER CREMATION IF:
(A) THE PERSON WAS GIVEN CLEAR PRIOR NOTICE OF THIS
SUBSECTION (5)(a)(I);
(B) NOTICE OF THIS SUBSECTION (5)(a)(I) IS INCLUDED IN THE
AUTHORIZATION TO CREMATE THE HUMAN REMAINS;
(C) THE PERSON WAS GIVEN A REASONABLE OPPORTUNITY TO
COLLECT THE CREMAINS;
(D) THE FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR,
CREMATIONIST, NATURAL REDUCTIONIST, EMBALMER, OR MORTUARY
SCIENCE PRACTITIONER HAS MADE A REASONABLE AND DOCUMENTED
EFFORT TO CONTACT THE PERSON; AND
(E) THE EXACT LOCATION OF THE FINAL DISPOSITION AND THE COSTS
PAGE 7-HOUSE BILL 26-1258
ASSOCIATED WITH THE FINAL DISPOSITION ARE RECORDED.
(II) A funeral cstablish1ncnt, funeral ditcctot, ot mortuary science
ptactitionc1 may comply with this subsection (S)(a) by transfening the
ercmatcd ot natm ally t educed t cmains and the t ccot ds showing the funeral
establishment and the dcccascd's natnc, date of birth, and next of kin fut
final disposition to a facilicy ot place normally used fut final disposition if
the new custodian can comply with this subsection (S)(a) RECOVERY OF
COSTS PURSUANT TO SUBSECTIONS (5)(a)(I) AND (5)(a)(III) OF THIS SECTION
IS LIMITED TO A REASONABLE AMOUNT OF THE COSTS ACTUALLY EXPENDED
BY THE FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CREMATIONIST,
NATURAL REDUCTIONIST, EMBALMER, OR MORTUARY SCIENCE
PRACTITIONER.
(III) If ct einated t emains at c not claimed by the pct son with the tight
of final disposition within three years after cremation, a funeral
establishment, funeral dir cctm, or ntortuary science pr aetitioncr may
dispose of the 1cmains in an unrecoverable manner by placing the remains
in an ossuary or by scattering the 1 cmains in a dedicated cemetery,
seattcdng garden, or consecrated ground used exclusively fut these
pm poses. A FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CREMA TIONIST,
NATURAL REDUCTIONIST, EMBALMER, OR MORTUARY SCIENCE PRACTITIONER
MAY DISPOSE OF NA TU RALLY REDUCED REMAINS AT THE DISCRETION OF THE
FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CREMATIONIST, NATURAL
REDUCTIONIST, EMBALMER, OR MORTUARY SCIENCE PRACTITIONER AND AT
THE EXPENSE OF THE PERSON WITH THE RIGHT OF FINAL DISPOSITION ONE
HUNDRED EIGHTY DAYS AFTER NATURAL REDUCTION IF:
(A) THE PERSON WAS GIVEN CLEAR PRIOR NOTICE OF THIS
SUBSECTION (5)(a)(III);
(B) THE NATURALLY REDUCED REMAINS ARE RETURNED TO THE
EARTH IN A RESPECTFUL MANNER;
(C) THE PERSON WAS GIVEN A REASONABLE OPPORTUNITY TO
COLLECT THE NATURALLY REDUCED REMAINS;
(D) THE FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR,
CREMATIONIST, NATURAL REDUCTIONIST, EMBALMER, OR MORTUARY
SCIENCE PRACTITIONER HAS MADE A REASONABLE AND DOCUMENTED
PAGE 8-HOUSE BILL 26-1258
EFFORT TO CONTACT THE PERSON; AND
(E) THE EXACT LOCATION or THE FINAL DISPOSITION AND THE COSTS
ASSOCIATED WITH THE FINAL DISPOSITION ARE RECORDED.
(IV) The custodian is not liable for the loss or destruction of records
required to be kept by PURSUANT TO this subsection (5)(a) if the loss or
destruction was not caused by the custodian's negligence OR WILLFUL
CONDUCT.
(V) If naturnlly reduced remains are not claimed by the per son with
the right of final disposition within one hundred eighty days after natm al
reduction, a funetal establishment, funetal director, or mortuary science
practitioner may dispose of the remains in an unr eco v er able manner by
returning the remains to the earth in a respectful manner.
(b) If the person was cremated prior to July 1, 2003, and the
FUNERAL ESTABLISHMENT, funeral director, CREMATIONIST, NATURAL
REDUCTIONIST, EMBALMER, or mortuary science practitioner reasonably
attempts to notify the person with the right of final disposition of the
provisions of this subsection (5), the cremated remains may be disposed of
in accordance with this subsection (5) notwithstanding a failure to provide
the notice of the provisions of this subsection (5) to the person with the
right of final disposition prior to disposing of the remains.
SECTION 6. In Colorado Revised Statutes, 12-135-110, amend
(1), (2)(a) introductory portion, (2)(a)(III), (2)(a)(IV) introductory portion,
(2)(a)(IV)(C), (2)(a)(IV)(E), (2)(b), and (3); and add (2)(a)(V) and (3.5) as
follows:
12-135-110. Registration required.
(1) Unless practicing at a registered funeral establishment OR
AFFILIATE LOCATION pursuant to this section, a person shall not practice as,
or offer the services of, a mortuary science practitioner, funeral director, m
embalmer, CREMA TIONIST' OR NATURAL REDUCTIONIST' nor shall the funeral
establishment OR AFFILIATE LOCATION sell or offer to sell funeral goods and
services to the public.
(2) (a) Each funeral establishment shall register with the director
PAGE 9-HOUSE BILL 26-1258
using forms as determined by the director. The registration shalt MUST
include the following:
(III) The date the funeral establishment began doing business; and
(IV) A list of each ofthe following set vices prnvided at each funeral
establishment location WHETHER THE FUNERAL ESTABLISHMENT PROVIDES
THE FOLLOWING SERVICES:
( C) Transporting human remains to or ft om the fttner al
establishment or the place of final disposition CREMATING HUMAN
REMAINS;
(E) Selling preneed contracts; AND
(V) THE SPECIFIC LOCATION AND A LIST OF SERVICES OFFERED AT
EACH AFFILIATE LOCATION UNDER COMMON OWNERSHIP WITH THE FUNERAL
ESTABLISHMENT.
(b) Each funeral establishment registration shall be renewed,
according to a schedule established by the director in accordance with
section 12-20-202 (1), in a form as determined by the director. At the time
of renewal, each funeral establishment shall attest to whether the funeral
establishment sells preneed contracts. The director shall enter into a
memorandum of understanding with the commissioner ofinsmance to share
infonnation regarding funeral establishments that sell preneed contracts.
(3) Each funeral establishment shall appoint an individual as the
designee of the funeral establishment. A designee must:
(a) Be at least eighteen years of age OLD;
(b) Have at least two years' experience working for a funeral
establishment,
(c) De employed by the registered funeral establishment that the
designee represents,
td) (b) Have the authority within the funeral establishment's
organization to require that personnel comply with this article 135; AND
PAGE IO-HOUSE BILL 26-1258
(e) Not be designated f-or nior e than one funeral establishment, and
fflif) (c) On or after January 1, 2027, be licensed as:
(I) A funeral director pursuant to section SECTIONS 12-135-501 and
part 6 of this article 135 12-135-602; or
(II) On or after January 1, 2027, be licensed as A mortuary science
practitioner pursuant to section SECTIONS 12-135-501 and part 7 of this
article-1-3-5 12-13 5-702.
(3.5) A · DESIGNEE APPOINTED FOR A REGISTERED FUNERAL
ESTABLISHMENT MAY ALSO BE APPOINTED AS THE DESIGNEE FOR AN
AFFILIATE LOCATION FUNERAL ESTABLISHMENT THAT IS UNDER COMMON
OWNERSHIP WITH THE REGISTERED FUNERAL ESTABLISHMENT.
SECTION 7. In Colorado Revised Statutes, 12-135-112, amend
(2)(b), (3), and (4) as follows:
12-135-112. Standards of practice -embalming- transporting.
(2) A funeral establishment that transports human remains shall:
(b) Transport human remains in a safe and sanitary manner THAT:
(I) IS CUSTOMARY WITHIN THE PROFESSION;
(II) Is SAFE, SANITARY, AND DIGNIFIED; AND
(III) DOES NOT INVOLVE STACKING HUMAN REMAINS.
(3) A funeral establishment shall remove any implanted device in
human remains before transporting the body to a crematory OR
COMMENCING CREMATION.
( 4) (a) A funeral establishment shall maintain a sanitary preparation
room with:
(I) Sanitary flooring;
PAGE I I-HOUSE BILL 26-1258
(II) Drainage;
(111) Ventilation; and
(IV) ACCESS TO refrigeration SUFFICIENT TO ACCOMMODATE THE
NEEDS OF THE FUNERAL ESTABLISHMENT; and
(V) Other equipment necessary to maintain sanitary conditions.
SECTION 8. In Colorado Revised Statutes, 12-135-113, amend
(2)(c) and (4) as follows:
12-135-113. Custody and responsibility - rules.
(2) A funeral establishment is responsible for identifying and
tracking human remains from the time it takes custody of human remains
until the:
( c) Remains are released to another funeral establishment,
crematory, repository, or entity as authorized by the person who has the
right of final disposition.
( 4) A funeral establishment shall not take custody of more
UNEMBALMED human remains than the funeral establishment has capacity
to refrigerate unless the funeral establishment maintains custody of the
UNEMBALMED human remains for less than twenty-four hours.
SECTION 9. In Colorado Revised Statutes, 12-13 5-114, amend ( 1)
as follows:
12-135-114. Insurance requirements.
( 1) A funeral establishment shall obtain and maintain a professional
liability insurance policy with liability limits of at least one million dollars.
The funeral establishment must submit the certificate of professional
liability insurance to the director:
(a) Within thirty days after the initial registration of the funeral
establishment by the director; and
PAGE 12-HOUSE BILL 26-1258
(b) Upon request by the director; AND
( C) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION ( 1 )( c ),
BY ATTESTATION WHEN RENEWING THE REGISTRATION OF THE FUNERAL
ESTABLISHMENT PURSUANT TO SECTION 12-135-110.
SECTION 10. In Colorado Revised Statutes, add 12-135-115 as
follows:
12-135-115. Funeral service or final disposition - death
certificate.
(1) UNLESS IT IS KNOWN THAT THE DECEASED INDIVIDUAL DIED OF
AN INFECTIOUS DISEASE:
(a) THE FAMILY, A FRIEND, OR A FRIEND OF THE FAMILY OF THE
DECEASED INDIVIDUAL MAY CONDUCT A FUNERAL SERVICE FOR THE
DECEASED INDIVIDUAL; OR
(b) A RELIGIOUS GROUP OR SECT MAY CONDUCT A FUNERAL SERVICE
FOR AND FINAL DISPOSITION OF THE DECEASED INDIVIDUAL WITHOUT THE
PARTICIPATION OF A FUNERAL DIRECTOR OR MORTUARY SCIENCE
PRACTITIONER IF THE GROUP'S OR SECT'S RELIGIOUS BELIEFS REQUIRE THE
SER VICE OR BURIAL WITHOUT THE PARTICIPATION OF A FUNERAL DIRECTOR
OR MORTUARY SCIENCE PRACTITIONER.
(2) A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER
WHO IS REQUIRED TO INITIATE, COMPLETE, RESPOND TO, OR FILE A
CERTIFICATE OF DEA TH SHALL PROVIDE THEIR LICENSE NUMBER PURSUANT
TO SECTION 25-2-110 (l)(b)(III)(B).
SECTION 11. In Colorado Revised Statutes, amend 12-135-201
as follows:
12-135-201. Funeral establishments in cemeteries not exempt.
No person, firm, association, partnership, or corporation engaged in
the ownership, operation, or management of a cemetery or mausoleum in
this state that is exempt from payment of general property taxes, shall,
either directly or indirectly, own, manage, conduct, or operate a funernl
PAGE 13-HOUSE BILL 26-1258
home m mortuary FUNERAL ESTABLISHMENT in the cemetery or mausoleum,
or adjacent thereto TO THE CEMETERY OR MAUSOLEUM and in connection
therewith, unless the cemetery or mausoleum and funeral home 01 mortuary
FUNERAL ESTABLISHMENT is listed for assessment purposes. The attorney
general, county attorney, or any interested party may maintain injunction
proceedings to prevent any violation of this section.
SECTION 12. In Colorado Revised Statutes, repeal 12-135-301,
12-135-302, 12-135-303, and 12-135-308.
SECTION 13. In Colorado Revised Statutes, 12-135-307, amend
(2)(a)(III) as follows:
12-135-307. Standards of practice -cremating.
(2) (a) A crematory shall not cremate human remains unless the
crematory has obtained a statement containing the following from a funeral
establishment, funeral director, mortuary science practitioner, or the person
with the right of final disposition:
(III) Authorization to cremate the human remains THAT INCLUDES
A PROVISION EXPLAINING THE RIGHTS OF THE FUNERAL ESTABLISHMENT,
FUNERAL DIRECTOR, CREMA TJONIST, NATURAL REDUCTIONIST, EMBALMER,
OR MORTUARY SCIENCE PRACTITIONER PURSUANT TO SECTION 12-13 5-109
(5)(a)(I);
SECTION 14. In Colorado Revised Statutes, 12-135-401, amend
(1) introductory portion, (2), (3)(a), (3)(b), (4), (6), and (7); and add (1.1)
and (8) as follows:
12-135-401. Powers and duties of the director -rules.
( 1) In connection with a license issued pursuant to part 5 of this
article 13 5 or a registration issued pursuant to section 12-13 5-110, or
12-135-303, the director may deny, suspend, refuse to renew, or revoke a
license or registration pursuant to section 12-20-404 (l)(d); issue and send,
by electronic mail that is actually received, a letter of admonition to the
licensee or registrant under the circumstances specified in and in
accordance with section 12-20-404 ( 4 ); issue a confidential letter of concern
to the licensee or registrant under the circumstance specified in section
PAGE 14-HOUSE BILL 26-1258
12-20-404 (5); place the licensee or registrant on probation pursuant to
section 12-20-404 ( 1 )(b ); or limit the scope of practice of the registration
or license under this article 135 if the licensee or registrant has:
(1.1) IF A PERSON LICENSED OR REGISTERED PURSUANT TO THIS
ARTICLE 135 IS FOUNDBYTHEDIRECTORTOHAVEVIOLATEDAPROVISIONOF
THIS ARTICLE 135 ORARULEADOPTEDBYTHEDIRECTORIN A MANNER THAT
THE DIRECTOR DETERMINES IS TECHNICAL IN NATURE OR OTHERWISE MINOR
AND INCONSEQUENTIAL, THE DIRECTOR MAY ISSUE TO THE LICENSEE OR
REGISTRANT AN INFORMAL WARNING THAT DOES NOT RESULT IN ANY OTHER
ACTION TAKEN BY THE DIRECTOR FOR THAT VIOLATION.
(2) In connection with a license issued pursuant to part 5 of this
article 135 or a registration issued pursuant to section 12-135-110, or
12-135-303, the director may deny or revoke a registration or license if the
licensee, the registrant, or the designee of a registrant has a disqualifying
criminal history as described in section 12-135-503. The director shall
promptly notify the licensee or registrant of the revocation.
(3) (a) (I) The director may investigate the activities of a licensee
licensed pursuant to part 5 of this article 135, or a registrant registered
pursuant to section 12-135-110, t'it 12-135-303, upon the director's own
initiative or upon receipt of a complaint or a suspected or alleged violation
of this article 135.
(II) The director shall perform routine inspections of all funeral
establishments and e1ematodcs on a periodic basis, AND AT LEAST
ANNUALLY, as determined by rule. The director may contract with a private
party to perform these inspections.
(III) To perform an inspection, the director or a private party with
whom the director contracts to perform the inspection may enter the
premises of a funeral establishment 01 e1cmatory with full right of ingress
and egress:
(A) While the funeral establishment 01 e1cmatory is registered;
(B) For a period of time, as determined by rule, after a funeral
establishment's 01 c1cmatory's registration has expired, has been revoked,
or has been surrendered; and
PAGE 15-HOUSE BILL 26-1258
(C) Upon application for a new registration.
(IV) The director shall promulgate ADOPT rules determining the
period of time after a registration is no longer valid during which time the
director or a private party with whom the director contracts may perform
inspections to ensure that the funeral establishment 01 e1ematory continues
to comply with this article 135 and winds down the business without
creating an undue risk to the public health.
(b) Each funeral establishment registered under section 12-135-110
01 c1enratory registe1ed unde1 section 12-135-303 is deemed to have
consented to any inspection authorized in this subsection (3) as a condition
of the registration.
( 4) The director shall keep records of registrations, licenses, and
disciplinary proceedings. If conducted pursuant to this section:
( a) Investigations, examinations, hearings, meetings, or proceedings
are exempt from part 4 of article 6 of title 24; and
(b) Minutes 01 Records concerning licensing action taken are
exempt from part 2 of article 72 of title 24; AND
( c) REPORTS OF ANNUAL INSPECTIONS, EXCLUDING PHOTOGRAPHS
AND AUDIO AND VIDEO RECORDINGS AND ANY INFORMATION THAT WOULD
PERSONALLY IDENTIFY A DECEASED INDIVIDUAL, AR E SUBJECT TO PART 2 OF
ARTICLE 72 OF TITLE 24.
(6) (a) The director may promulgate ADOPT reasonable rules
necessary to implement this article 13 5.
(b) In promulgating ADOPTING rules under this article 135, the
director is subject to article 4 of title 24.
(c) (Deleted by amendment, L. 2024.)
(7) The director may impose discipline, pursuant to this section, on
an applicant for registration under this article 135 OR a funeral
establishment registered pursuant to section 12-135-110 01 a c1ematory
1egistered pmsuantto section 12-135-303 for the acts of a person that:
PAGE 16-HOUSE BILL 26-1258
(a) Is acting on behalf of the applicant OR registered funeral
establishment; m registered crematory, and
(b) Is an officer, a director, a member, a partner, or an owner of the
applicant OR registered funeral establishment or registered crematory if:
(I) The person holds at least a ten percent interest in the applicant OR
registered funeral establishment or registered crematory that is publicly
traded; or
(II) The person holds an interest in the applicant OR registered
funeral establishment or registered crematory that is not publicly traded.
(8) THE DIRECTOR SHALL ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE COMMISSIONER OF INSURANCE TO SHARE
INFORMATION REGARDING FUNERAL ESTABLISHMENTS THAT SELL PRENEED
CONTRACTS PURSUANT TO SECTION 12-135-110 (2)(a)(IV)(E).
SECTION 15. In Colorado Revised Statutes, 12-135-404, amend
(2) as follows:
12-135-404. Civil penalty -fines.
(2) In addition to any other penalty that may be imposed pursuant to
this section, a funeral establishment 01 c1ernatory violating part 1 or 3 of
this article 13 5 or a rule promulgated ADOPTED 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 16. In Colorado Revised Statutes, add 12-135-405.5 as
follows:
12-135-405.5. Licensure by endorsement.
THE DIRECTOR SHALL ISSUE A LICENSE BY ENDORSEMENT TO ENGAGE
IN THE PRACTICE OF BEING A LICENSED FUNERAL DIRECTOR, CREMA TIONIST,
MORTUARY SCIENCE PRACTITIONER, EMBALMER, OR NATURAL REDUCTIONIST
IN THIS STATE TO AN APPLICANT WHO SATISFIES THE REQUIREMENTS OF THE
OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM AS SET FORTH IN
SECTION 12-20-202 (3).
PAGE 17-HOUSE BILL 26-1258
SECTION 17. In Colorado Revised Statutes, amend 12-135-406
as follows:
12-135-406. Repeal - subject to review.
Sections SECTION 12-135-110 and 12-135-303 and this part 4 are
repealed, effective September 1, W29 2031. 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 18. In Colorado Revised Statutes, 12-135-501, amend
(2), (3)(a)(I), and (3)(a)(IIl)(C); and add (3)(a)(Ill)(D), (7), and (8) as
follows:
12-135-501. Licenses required - funeral director, mortuary
science practitioner, embalmer, cremationist, and natural reductionist
- associate license - provisional license - rules - repeal.
(2) The director may ptotnnlgatc ADOPT rules to establish
application procedures and forms for issuing and renewing a license.
(3) (a) To be licensed under this section, an individual must:
(I) Submit to the director an application in the form and manner
specified by THE DIRECTOR and an application fee in an amount determined
by the director under section 12-20-105;
(111) Demonstrate to the director that:
(C) The applicant qualifies for a license issued in accordance with
subsection (5) of this section; and OR
(D) THE APPLICANT QUALIFIES FOR A LICENSE ISSUED IN
ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION; AND
(7)(a) ONANDAFTERJANUARY 1,2027,ANINDIVIDUALMAY APPLY
FOR AN ASSOCIATE LICENSE TO OBTAIN THE NECESSARY PRACTICE
EXPERIENCE TO MEET THE REQUIREMENTS SET FORTH IN SECTION
12-135-603, 12-135-703, 12-135-803, OR 12-135-903.
PAGE 18-HOUSE BILL 26-1258
(b) IN ADDITION TO SATISFYING THE REQUIREMENTS OF SUBSECTION
(3) OF THIS SECTION, TO BE QUALIFIED TO OBTAIN AN ASSOCIATE LICENSE, AN
APPLICANT MUST:
(I) IF SEEKING LICENSURE PURSUANT TO SECTION 12-135-603,
12-135-703, OR 12-135-803, DEMONSTRATE THAT THEY ARE ACTIVELY
ENROLLED IN, OR HAVE GRADUATED FROM, AN ACCREDITED MORTUARY
SCIENCE SCHOOL; OR
(II) IF SEEKING LI CENSURE PURSUANT TO SECTION 12-13 5-903:
(A) HAVE REGISTERED FOR OR COMPLETED 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; OR
(B) HA VE REGISTERED FOR OR COMPLETED 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.
( c) (I) AN ASSOCIATE LICENSE ISSUED PURSUANT TO THIS
SUBSECTION (7) EXPIRES THREE YEARS AFTER THE DATE IT WAS ISSUED.
(II) AN AS SOCIA TE LICENSE MUST NOT BE EXTENDED OR REIN ST A TED
WITHOUT APPROVAL BY THE DIRECTOR.
(8) AN INDIVIDUAL WITH AN ASSOCIATE LICENSE MAY PERFORM ANY
FUNCTION A LICENSEE IS AUTHORIZED TO PERFORM AS LONG AS SUCH
FUNCTION IS PERFORMED UNDER THE SUPERVISION OF A LICENSEE, WHICH
SUPERVISION THE DIRECTOR SHALL DEFINE BY RULE.
SECTION 19. In Colorado Revised Statutes, 12-135-503, amend
(l)(b) as follows:
12-135-503. Criminal history - rules.
( 1) Subject to section 24-5-101, a licensee or an applicant for a
PAGE 19-HOUSE BILL 26-1258
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:
(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; ot of a crematory 1egiste1ed in
acco1danec with section 12-135-303;
SECTION 20. In Colorado Revised Statutes, 12-135-508, amend
(l)(o) as follows:
12-135-508. Grounds for discipline.
(1) The director may take disciplinary action in accordance with
sections 12-20-404, 12-135-401, and 12-135-507 against an applicant or
licensee who has:
( o) Authorized an officer of or employee of a licensee, of a
registrant under section 12-135-110, ot 12-135-303, or of another person
having a professional relationship with the decedent to approve or cause the
final disposition of human remains in violation of this article 135;
SECTION 21. In Colorado Revised Statutes, 12-135-601, amend
(4)(d)(III) as follows:
12-135-601. Practice of a funeral director described-definition.
( 4) ( d) A licensee shall not delegate the following tasks:
(Ill) Oversight of a ft.metal home 01 c1 cmatory FUNERAL
ESTABLISHMENT'S operations related to the final disposition of human
remams.
SECTION 22. In Colorado Revised Statutes, 12-135-701, amend
(2)(d)(III) as follows:
12-135-701. Practice of a mortuary science practitioner
described - rules.
PAGE 20-HOUSE BILL 26-1258
(2) (d) A licensee shall not delegate the following tasks:
(III) Oversight of a funeral home or crematory FUNERAL
ESTABLISHMENT'S operations related to the final disposition of human
remams.
SECTION 23. In Colorado Revised Statutes, 12-20-202, repeal
(3)(e)(IV) as follows:
12-20-202. Licenses, certifications, and registrations -renewal
- reinstatement -fees - occupational credential portability program -
exceptions for military personnel, spouses, gold star military spouses,
and dependents - rules - consideration of criminal convictions or
driver's history -executive director authority -definitions.
(3) Occupational credential portability program -definitions.
(e) Subsections (3)(a) to (3)(d) of this section do not apply to the
following professions or occupations:
(IV) Mortuaries and ct ematories, t egulated pursuant to article 13 5
of this title 12,
SECTION 24. In Colorado Revised Statutes, 12-20-402, amend (2)
as follows:
12-20-402. Immunity.
(2) Any A person participating in good faith in lodging or making
a complaint or report or participating in any investigative or administrative
proceeding pursuant to a part or article of this title 12 governing a particular
profession or occupation is immune from any civil or criminal liability that
may result from that participation; except that a person participating as
described in this subsection (2) under article 135 of this title 12 concerning
mortuaries FUNERAL ESTABLISHMENTS and crematories is immune from only
civil liability.
SECTION 25. In Colorado Revised Statutes, 12-20-407, amend
(2)(a) as follows:
PAGE 21-HOUSE BILL 26-1258
12-20-407. Unauthorized practice of profession or occupation -
penalties -exclusions.
(2) The penalties for:
(a) Engaging in unauthorized activities regarding mortuaries
FUNERAL ESTABLISHMENTS and crematories are governed by section
12-135-108;
SECTION 26. In Colorado Revised Statutes, 12-20-408, amend
(2)(c) as follows:
12-20-408. Judicial review.
(2) A district court of competent jurisdiction has initial jurisdiction
to review all final actions and orders of a regulator that are subject to
judicial review and shall conduct the judicial review proceedings m
accordance with section 24-4-106 (3) for the following:
(c) Article 135 of this title 12 concerning mortuaries FUNERAL
ESTABLISHMENTS and crematories; and
SECTION 27. In Colorado Revised Statutes, 12-140-102, amend
(3 )(b )(II); and repeal (3 )(b )(III) as follows:
12-140-102. Definitions.
As used in this article 140, unless the context otherwise requires:
(3) (b) "Nontransplant tissue bank" does not include:
(II) A funeral establishment registered in accordance with section
12-135-110; OR
(III) A et ematory I egiste1 ed in acco1 dance with section 12-13 5-3 03,
or
SECTION 28. In Colorado Revised Statutes, 12-140-103, amend
(4) as follows:
PAGE 22-HOUSE BILL 26-1258
12-140-103. Registration required -subject to review - repeal.
( 4) This section is repealed, effective September 1, W:3-3- 2031.
Before the repeal, this section is scheduled for review in accordance with
section 24-34-104.
SECTION 29. In Colorado Revised Statutes, 12-140-107, amend
(l)(c); and add (l)(e) as follows:
12-140-107. Discipline.
(1) The director may take disciplinary or other action as authorized
in section 12-20-404 if the nontransplant tissue bank or applicant:
( c) Violates federal law, Colorado law, or an ordinance or resolution
of a political subdivision of Colorado in the operation of the nontransplant
tissue bank; or
( e) Is A PERSON THAT OWNS AN INTEREST IN A NONTRANSPLANT
TISSUE BANK AND ALSO OWNS AN INTEREST IN A FUNERAL ESTABLISHMENT
AS DEFINED IN SECTION 12-135-103 (16).
SECTION 30. In Colorado Revised Statutes, 18-13-101, amend (1)
and (2) as follows:
18-13-101. Abuse of a corpse -penalty -repeal.
( 1) A person commits abuse of a corpse if, without statutory or
com1-ordered authority, the person:
(a) Removes the body or remains of any person from a grave or
other place of sepulcher without the consent of the person who has the right
to dispose of the remains pursuant to section 15-19-106; or
(b) Treats the body or remains of any person in a way that would
outrage normal family sensibilities, INCLUDING BY:
(I) DISMEMBERING OR MUTILATING A BODY;
(II) HIDING OR CONCEALING A BODY;
PAGE 23-HOUSE BILL 26-1258
(111) IMPROPERLY ALLOWING A BODY TO DECOMPOSE;
(IV) IMPROPERLY DISPOSING OF A BODY, INCLUDING BY THROWING
THE BODY IN THE TRASH, BURNING THE BODY, OR ABANDONING THE BODY
ON PUBLIC OR PRIVATE PROPERTY;
(V) REMOVING AN ORGAN FROM A BODY WITHOUT PERMISSION,
EXCEPT AS PERMITTED BY INDUSTRY STANDARDS PURSUANT TO ARTICLE 135
OF TITLE 12;
(VI) SELLING A BODY OR HUMAN REMAINS; OR
(VII) TRANSPORTING OR STORING A BODY IN A DEGRADING MANNER,
WHICH MAY INCLUDE THE PILING OR STACKING OF HUMAN BODIES:
(A) IN A MANNER THAT DOES NOT ALIGN WITH RECOGNIZED
INDUSTRY STANDARDS AND METHODS ACCEPTED BY INDIVIDUALS LICENSED
PURSUANT TO ARTICLE 13 5 OF TITLE 12; OR
(B) WITHOUT STORING THE BODIES IN PROPER CONTAINERS.
(2) (a) (I) Abuse of a corpse COMMITTED BEFORE JANUARY 1, 2027,
is a class 6 felony.
(11) THIS SUBSECTION (2)(a) IS REPEALED, EFFECTIVE JANUARY 1,
2028.
(b) ABUSE OF A CORPSE COMMITTED ON OR AFTER JANUARY 1, 2027,
IS A CLASS 5 FELONY.
SECTION 31. In Colorado Revised Statutes, 24-34-104, repeal
(30)(a)(X) and (34)(a)(IX); and add (32)(a)(XVI) and (32)(a)(XVII) as
follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration -repeal.
(30) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2029:
PAGE 24-HOUSE BILL 26-1258
(X) The functions ofthc dilcetor ofthc division ofprnf-essions and
occupations related to the registration of funeral establishments specified
in section 12-135-110 and crcrnatorics specified in section 12-135-303 and
to the title protections specified in sections 12-135-111 and 12-135-304.
(32) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2031:
(XVI) THE FUNCTIONS OF THE DIRECTOR OF THE DIVISION OF
PROFESSIONS AND OCCUPATIONS RELATED TO THE REGISTRATION OF
FUNERAL ESTABLISHMENTS SPECIFIED IN SECTION 12-135-110 AND TO THE
TITLE PROTECTIONS SPECIFIED IN SECTIONS 12-135-111 AND 12-135-304;
(XVII) THE REGULATION OFNONTRANSPLANTTISSUE BANKS BY THE
DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO SECTION
12-140-103.
(34) (a) The following agencies, functions, or·both, are scheduled
for repeal on September 1, 2033:
(IX) The regulation ofnontransplant tissue banks by the director of
the division ofprnf-essions and occupations in the department of regulatory
agencies pursuant to section 12-140-103,
SECTION 32. In Colorado Revised Statutes, 25-2-110, amend
(l)(b)(III) as follows:
25-2-110. Certificates of death - electronic death registration
system - amended certificate of death following a change in gender -
rules -definitions.
(1) (b) (III) (A) Except as otherwise provided in subsection (4.5) of
this section, any individual, other than a family member of the decedent or
other individual assisting in a nonprofessional capacity for the decedent,
who is required to initiate, complete, respond to, or file a certificate of death
pursuant to this section must use the electronic death registration system
used by the state registrar.
(B) A LICENSED INDIVIDUAL WHO IS REQUIRED TO INITIATE,
PAGE 25-HOUSE BILL 26-1258
COMPLETE, RESPOND TO, OR FILE A CERTIFICATE OF DEATH PURSUANT TO
THIS SECTION SHALL PROVIDE THE INDIVIDUAL'S LICENSE NUMBER.
SE CTION 33. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed; license and registration
PAGE 26-H OUSE BILL 26-1258
applications filed; certificates of death initiated, completed, responded to,
or filed; and contracts entered into or renewed on or after the applicable
effective date of this act.
J~'t,
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED 0 ~ th~ J'½-f J V\L 1th '2-~ z,e, "\-\-\ 2 ~~Of~
(Date and Time)
PAGE 27-HOUSE BILL 26-1258