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 12-135-110 - Registration required

(1)
Unless practicing at a registered funeral establishment pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, or embalmer, nor shall the funeral establishment sell or offer to sell funeral goods and services to the public.
(2)
(a)
Each funeral establishment shall register with the director using forms as determined by the director. The registration shall include the following:
(I)
The specific location of the funeral establishment;
(II)
The full name and address of the designee appointed pursuant to subsection (3) of this section;
(III)
The date the funeral establishment began doing business; and
(IV)
A list of each of the following services provided at each funeral establishment location:
(A)
Refrigerating or holding human remains;
(B)
Embalming human remains;
(C)
Transporting human remains to or from the funeral establishment or the place of final disposition;
(D)
Providing funeral goods or services to the public; and
(E)
Selling preneed contracts.
(b)
Each funeral establishment registration shall be renewed, according to a schedule established by the director in accordance with section
12-20-202 (1)
, in a form as determined by the director. At the time of renewal, each funeral establishment shall attest to whether the funeral establishment sells preneed contracts. The director shall enter into a memorandum of understanding with the commissioner of insurance to share information regarding funeral establishments that sell preneed contracts.
(c)
If, after initial registration, the funeral establishment provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service.
(d)
If, after initial registration, the funeral establishment appoints a new designee, the funeral establishment shall submit an amended registration within thirty days after appointing the designee.
(e)
Registrations issued pursuant to this part 1 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202 (1) and (2)
.
(3)
Each funeral establishment shall appoint an individual as the designee of the funeral establishment. A designee must:
(a)
Be at least eighteen years of age;
(b)
Have at least two years' experience working for a funeral establishment;
(c)
Be employed by the registered funeral establishment that the designee represents;
(d)
Have the authority within the funeral establishment's organization to require that personnel comply with this article 135;
(e)
Not be designated for more than one funeral establishment; and
(f)
(I)
On or after January 1, 2027, be licensed as a funeral director pursuant to section 12-135-501 and part 6 of this article 135; or
(II)
On or after January 1, 2027, be licensed as a mortuary science practitioner pursuant to section 12-135-501 and part 7 of this article 135.
(4)
The designee shall require each person employed at the funeral establishment to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment.
(5)
This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains.
Amended by 2024 Ch. 240,§ 6, eff. 5/24/2024.
Amended by 2022 Ch. 309, § 5, eff. 8/10/2022.
Renumbered from C.R.S. §
12-54-110
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2013 Ch. 287, § 8, eff. 8/7/2013.
L. 2009: Entire section added, (HB 09 -1202), ch. 422, p. 2344, § 9, effective July 1. L. 2011: (2)(a)(IV)(A), (2)(a)(IV)(B), (2)(a)(IV)(C), and (5) amended, (HB 11 - 11 78), ch. 89, p. 258, § 6, effective August 10. L. 2013: IP(2)(a), (2)(a)(IV)(C), and (2)(a)(IV)(D) amended and (2)(a)(IV)(E) added, (SB 13-125), ch. 287, p. 1521, § 8, effective August 7.
(1) This section is similar to former § 12-54-110 as it existed prior to 2019.
(2) This section is repealed, effective July 1, 2024, pursuant to §
12-135-406
.
2022 Ch. 309, was passed without a safety clause. See Colo. Const. art. V, § 1(3).