2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 3 - CREMATION (§§ 12-135-301 — 12-135-308) › Section 12-135-301 - Unlawful acts

(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.
Amended by 2021 Ch. 156,§ 17, eff. 9/7/2021.
Renumbered from C.R.S. §
12-54-301
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2018 Ch. 332,§ 2, eff. 8/8/2018.
Amended by 2017 Ch. 158,§ 3, eff. 8/9/2017.
Amended by 2015 Ch. 178,§ 6, eff. 7/1/2015.
This section is similar to former § 12-54-301 as it existed prior to 2019.
For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.