§ 12-135-301 — Unlawful acts

Colorado § 12-135-301

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

Text

(1) It is unlawful for a crematory:

(a) To discriminate because of race, creed, color, religion, sex, marital status,
sexual orientation, gender identity, gender expression, or national origin in the
provision of funeral services;

(b) To approve or cause the final disposition of human remains in violation of
this article 135;

(c) 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, cremationist, embalmer, or funeral establishment;

(d) To advertise as holding a degree, a certificate of registration, a
professional license, or a professional certification issued by a state, political
subdivision, or agency unless the person holds the degree, registration, license, or
certification and it is current and valid at the time of advertisement;

(e) To admit or permit any person to visit the crematory or preparation room
during the time a body is being cremated or prepared for final disposition unless the
person:

(I) Is a funeral director, mortuary science practitioner, or cremationist;

(II) Is an authorized employee of a crematory;

(III) Has the written consent of the next of kin of the deceased person or of a
person having legal authority to give consent in the absence of any next of kin;

(IV) Enters by order of a court of competent jurisdiction or is a peace officer
as described in article 2.5 of title 16;

(V) Is a student or intern enrolled in a mortuary science program;

(VI) Is a registered or licensed nurse with a medical reason to be present;

(VII) Is a licensed physician or surgeon with a medical reason to be present;

(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;

(f) To refuse to properly and promptly release human remains to the custody
of the person who has the legal right to effect the release, whether or not any costs
have been paid, unless there is a good-faith dispute over who controls the right of
final disposition;

(g) To cremate human remains without obtaining permission from the person
with the right of final disposition;

(h) To prohibit, hinder, or restrict, or attempt to prohibit, hinder, or restrict,
the following:

(I) The offering or advertising of immediate cremation, advance funeral
arrangements, low-cost funerals, or low-cost cremations;

(II) Arrangements between memorial societies and funeral industry
members; or

(III) A funeral service industry member from disclosing accurate information
concerning funeral merchandise and services;

(i) To cremate human remains in a facility unless the facility is registered
pursuant to section 12-135-303;

(j) 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;

(k) To allow a crematory operator to perform services beyond an operator's
competency, training, or education;

(l) To engage in willfully dishonest conduct or commit negligence in the
practice of cremation or providing for final disposition that defrauds or causes
injury or is likely to defraud or cause injury.

(2) For purposes of this section only, next of kin shall not include any
person who is arrested on suspicion of having committed, is charged with, or has
been convicted of, any felony offense specified in part 1 of article 3 of title 18
involving the death of the deceased person. This subsection (2) shall not apply if
charges are not brought, charges are brought but dismissed, or the person charged
is acquitted of the alleged crime before final disposition of the deceased person's
body.

(3) It is unlawful for a person owning an indirect interest with more than ten-percent ownership in a crematory or for a person owning a direct interest in a
crematory to own an indirect interest with more than ten-percent ownership in a
nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct
interest in a nontransplant tissue bank.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 950, � 1, effective October 1. L. 2021: (1)(a) amended, (HB 21-1108), ch. 156, p. 891, � 17, effective September 7.