§ 12-135-110 — Registration required

Colorado § 12-135-110

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Mortuary Science Code

Text

(1) Unless practicing at a registered
funeral establishment pursuant to this section, a person shall not practice as, or
offer the services of, a mortuary science practitioner, funeral director, or embalmer,
nor shall the funeral establishment sell or offer to sell funeral goods and services
to the public.

(2) (a) Each funeral establishment shall register with the director using
forms as determined by the director. The registration shall include the following:

(I) The specific location of the funeral establishment;

(II) The full name and address of the designee appointed pursuant to
subsection (3) of this section;

(III) The date the funeral establishment began doing business; and

(IV) A list of each of the following services provided at each funeral
establishment location:

(A) Refrigerating or holding human remains;

(B) Embalming human remains;

(C) Transporting human remains to or from the funeral establishment or the
place of final disposition;

(D) Providing funeral goods or services to the public; and

(E) Selling preneed contracts.

(b) Each funeral establishment registration shall be renewed, according to a
schedule established by the director in accordance with section 12-20-202 (1), in a
form as determined by the director. At the time of renewal, each funeral
establishment shall attest to whether the funeral establishment sells preneed
contracts. The director shall enter into a memorandum of understanding with the
commissioner of insurance to share information regarding funeral establishments
that sell preneed contracts.

(c) If, after initial registration, the funeral establishment provides a service
listed in subsection (2)(a)(IV) of this section that was not included in the initial
registration, the funeral establishment shall submit an amended registration within
thirty days after beginning to provide the new service.

(d) If, after initial registration, the funeral establishment appoints a new
designee, the funeral establishment shall submit an amended registration within
thirty days after appointing the designee.

(e) Registrations issued pursuant to this part 1 are subject to the expiration,
reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and
(2).

(3) Each funeral establishment shall appoint an individual as the designee of
the funeral establishment. A designee must:

(a) Be at least eighteen years of age;

(b) Have at least two years' experience working for a funeral establishment;

(c) Be employed by the registered funeral establishment that the designee
represents;

(d) Have the authority within the funeral establishment's organization to
require that personnel comply with this article 135;

(e) Not be designated for more than one funeral establishment; and

(f) (I) On or after January 1, 2027, be licensed as a funeral director pursuant
to section 12-135-501 and part 6 of this article 135; or

(II) On or after January 1, 2027, be licensed as a mortuary science practitioner
pursuant to section 12-135-501 and part 7 of this article 135.

(4) The designee shall require each person employed at the funeral
establishment to demonstrate evidence of compliance with parts 5 to 9 of this
article 135, as applicable. The designee shall retain the records of the evidence of
compliance so long as the person is employed at the funeral establishment.

(5) This section shall not require the registration of a nonprofit organization
that only provides education or support to an individual who intends to provide for
final disposition of human remains.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 946, � 1, effective October 1. L. 2022: (2)(b) amended, (HB 22-1228), ch. 309, p. 2224, � 5, effective August 10. L. 2024: IP(3), (3)(d), (3)(e), and (4) amended and (3)(f) added, (SB 24-173), ch. 240, p. 1588, � 6, effective May 24.