Colorado § 12-135-113 Custody and responsibility - rules

Colorado Statutes

§ 12-135-113 — Custody and responsibility - rules

Colorado·Title 12 Professions·Art. Mortuary Science Code

(1)A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:

(a)The next of kin;

(b)The county coroner or the county coroner's designee; or

(c)An authorized person at the care facility where the deceased died.

(2)A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:

(a)Final disposition has occurred or the remains are returned to the person who has the right of final disposition;

(b)Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or

(c)Remains are r

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(1) A funeral establishment
shall not, through its managers, employees, contractors, or agents, take custody of
human remains without an attestation of positive identification on a form
promulgated by the director by rule by:

(a) The next of kin;

(b) The county coroner or the county coroner's designee; or

(c) An authorized person at the care facility where the deceased died.

(2) A funeral establishment is responsible for identifying and tracking human
remains from the time it takes custody of human remains until the:

(a) Final disposition has occurred or the remains are returned to the person
who has the right of final disposition;

(b) Human remains are released in accordance with the instructions given by
the person who has the right of final disposition; or

(c) Remains are released to another funeral establishment, crematory,
repository, or entity as authorized by the person who has the right of final
disposition.

(3) The director shall adopt rules implementing this section that:

(a) Establish what constitutes custody;

(b) Define care facility, repository, and entity;

(c) Establish who is authorized to identify human remains at a care facility
for a funeral establishment; and

(d) Prescribe the minimum standards for the positive identification and chain
of custody of human remains. A funeral establishment may use the establishment's
own procedures if the procedures meet or exceed the minimum standards of the
rule promulgated by the director.

(4) A funeral establishment shall not take custody of more human remains
than the funeral establishment has capacity to refrigerate unless the funeral
establishment maintains custody of the human remains for less than twenty-four
hours.

Colorado § 12-135-113 (Custody and responsibility - rules) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 949, � 1, effective October 1. L. 2024: (4) added, (HB 24-1335), ch. 242, p. 1601, � 13, effective May 24.