CO Code § 12-135-103 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 135 - Mortuaries and Crematories|Part 1 - Mortuary Science Code|§ 12-135-103. Definitions

 As used in this article 135, unless the context otherwise requires:    “Alternative container” means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials.    “Casket” means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric.    “Cremated remains” or “cremains” means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.    “Cremation” or “cremate” means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container; except that “cremation” or “cremate” does not include natural reduction or to naturally reduce human remains.    “Cremation chamber” means the enclosed space inside of which human remains are cremated.    “Cremation container” means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber.    “Cremationist” means a person who cremates or prepares for cremation human remains.    “Crematory” means a building, facility, establishment, or structure where human remains are cremated.    “Custodian” means the person with possession and control of human remains.    “Designee” means an individual designated by a funeral establishment registered in accordance with section 12-135-110 or 12-135-303.    “Embalm” or “embalming” means the disinfection and temporary preservation of human remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance.    “Embalmer” means any person who embalms, or prepares for embalming, human remains for compensation.    “Final disposition” means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.    “Funeral”, “funeral service”, or “funeral ceremony” means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present.    “Funeral director” means a person who, for compensation:   Arranges, directs, or supervises funerals, memorial services, or graveside services; or    Prepares human remains for final disposition by means other than embalming.       “Funeral establishment”, “funeral home”, or “mortuary” means:   An establishment that 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;    An establishment that holds itself out to the general public as providing funeral goods and services;    Facilities 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    An establishment that provides funeral or memorial services to the public for compensation.       “Funeral goods” means goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services.    “Funeral services” means:   Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation;    Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or    Transportation of human remains to or from a funeral establishment.       “Human remains” means the physical remains of a dead human.    “Implanted device” means a mechanical device that may explode or cause damage to crematory equipment.    “Memorial service” means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present.    “Mortuary science practitioner” means a person who, for compensation, does the following or offers to do the following:   Embalms or cremates human remains;    Arranges, directs, or supervises funerals, memorial services, or graveside services; or    Prepares human remains for final disposition, not including preparing the remains for natural reduction. (22.5) “Natural reduction” or “naturally reduce” has the meaning set forth in section 2-4-401 (6.9).       “Next of kin” means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains.    “Ossuary” means a receptacle used for the communal placement of cremated remains or naturally reduced remains, without using an urn or other container, in which cremated or naturally reduced remains are commingled with other cremated or naturally reduced remains.    “Preneed contract” means a preneed contract as defined in section 10-15-102 (13).    “Preparation of the body” means embalming, washing, disinfecting, shaving, dressing, restoring, casketing, positioning, caring for the hair of or applying cosmetics to human remains.    “Processing” means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition.     History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 939, § 1, effective October 1. L. 2021: (4), (13), (17), (22)(c), and (24) amended and (22.5) added,(SB 21-006), ch. 123, p. 490, § 7, effective September 7.    Editor's note:    This section is similar to former § 12-54-102 as it existed prior to 2019.    Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.