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 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-105 - [Effective Until 8/7/2024] Unlawful acts

(1)
It is unlawful:
(a)
To disinfect or preserve or to make final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or district attorney, if there is no coroner, has been first obtained;
(b)
To discriminate because of race, creed, color, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the provision of funeral services;
(c)
For any public officer or employee or any other person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135;
(d)
For a person in the business of paying for or providing death benefits, funerals, funeral ceremonies, final dispositions, or preneed contracts to pay or provide benefits in a manner that limits the funeral establishments where the next of kin or legal representative can use those payments or benefits;
(e)
For a funeral director, mortuary science practitioner, embalmer, funeral establishment, or facility in which people regularly die or the person's or facility's agent 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, embalmer, or funeral establishment;
(f)
For a county coroner to violate section
30-10-619
;
(g)
To transport or otherwise transfer by common carrier human remains unless:
(I)
A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body for transportation and complies with applicable common carrier law; or
(II)
The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of Colorado;
(h)
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;
(i)
For a funeral director, mortuary science practitioner, or embalmer to admit or permit any person to visit the embalming, cremation, or preparation room during the time a body is being embalmed, cremated, or prepared for final disposition, unless the person:
(I)
Is a funeral director, mortuary science practitioner, cremationist, or embalmer;
(II)
Is an authorized employee of a funeral establishment;
(III)
Has the written consent of the next of kin of the deceased person or of a person having legal authority to give permission 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 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;
(j)
To refuse to properly and promptly release human remains, naturally reduced remains, or cremated remains to the custody of the person who has the legal right to effect the release, whether or not any costs have been paid;
(k)
To tell a person that a casket is required when the expressed wish is for immediate cremation;
(l)
To embalm, naturally reduce, or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required by section
12-135-106
;
(m)
To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the following:
(I)
The offering or advertising of immediate cremation, natural reduction, advance funeral arrangements, or low-cost funerals;
(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;
(n)
To engage in willfully dishonest conduct or commit negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury;
(o)
To fail to include in a contract for funeral services the following statement: "Funeral homes and crematory establishments are regulated by THE DEPARTMENT OF REGULATORY AGENCIES. To file a complaint, contact", along with the current address or telephone number of the department;
(p)
For a person owning an indirect interest with more than ten-percent ownership in a funeral establishment or for a person owning a direct interest in a funeral establishment 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;
(q)
To sell or offer to sell the soil produced by the natural reduction of human remains to any person;
(r)
To commingle without the consent of the person or persons with the right of final disposition, as determined by section
15-19-106
, in the course of a person's business, vocation, or occupation:
(I)
The soil produced by the natural reduction of the human remains of more than one person except as authorized in section
12-135-109 (5)(a)
; or
(II)
The human remains of more than one person within the container wherein natural reduction produces soil;
(s)
To use, in the course of a person's business, vocation, or occupation, the soil produced by the natural reduction of human remains to grow food for human consumption.
(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. 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, this subsection (2) shall not apply.
Amended by 2024 Ch. 242,§ 10, eff. 5/24/2024.
Amended by 2021 Ch. 156, § 16, eff. 9/7/2021.
Amended by 2021 Ch. 123, § 8, eff. 9/7/2021.
Amended by 2021 Ch. 123, § 2, eff. 9/7/2021.
Renumbered from C.R.S. §
12-54-104
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
(1) This section is similar to former § 12-54-104 as it existed prior to 2019.
(2) 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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.