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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-501 - Licenses required - funeral director, mortuary science practitioner, embalmer, cremationist, and natural reductionist - provisional license - rules - repeal

(1)
Effective January 1, 2027, an individual shall not practice as or offer the services of any of the following unless the individual holds the appropriate license as a mortuary science professional issued pursuant to this part 5 and parts 6 to 9 of this article 135:
(a)
A funeral director;
(b)
A mortuary science practitioner;
(c)
An embalmer;
(d)
A cremationist; or
(e)
A natural reductionist.
(2)
The director may promulgate rules to establish application procedures and forms for issuing and renewing a license.
(3)
(a)
To be licensed under this section, an individual must:
(I)
Submit to the director an application in the form and manner specified by and an application fee in an amount determined by the director under section 12-20-105;
(II)
Obtain a criminal history record check in accordance with section 12-135-502 and not have a disqualifying criminal history or other disqualifier pursuant to section 12-135-503;
(III)
Demonstrate to the director that:
(A)
The applicant meets the qualification standards set forth in section 12-135-603, 12-135-703, 12-135-803, or 12-135-903 for the type of license that is the subject of the application; or
(B)
The applicant qualifies for a provisional license issued in accordance with subsection (4) of this section; or
(C)
The applicant qualifies for a license issued in accordance with subsection (5) of this section; and
(IV)
Disclose to the director any suspension of, revocation of, or adverse action against a license, registration, or certification to practice mortuary science in another state or sign an affidavit made under penalty of perjury that attests that the applicant does not have a license, registration, or certification to practice mortuary science under suspension, revocation, or adverse action in another state.
(b)
The director shall determine whether an applicant satisfies the requirements for licensure and shall either:
(I)
Send the applicant a written statement of the reasons the license is denied;
(II)
Issue a license to the applicant; or
(III)
Offer to issue a conditional license to the applicant, in lieu of denial, in accordance with section 24-34-107 (5) and as determined by the director.
(c)
This subsection (3)(c) and subsection (3)(a)(III)(B) of this section are repealed, effective January 1, 2031.
(4)
(a)
An individual practicing as a funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist before January 1, 2027, who does not meet the requirements set forth in section 12-135-603, 12-135-703, 12-135-803, or 12-135-903, respectively, may apply for a provisional license to allow the individual to continue practicing as a mortuary science professional. The individual must file an application for a provisional license with, and pay the required application fee to, the director no later than January 1, 2027.
(b)
To be issued a provisional license, an applicant must demonstrate that the applicant:
(I)
Has obtained at least four thousand hours of work experience equivalent to the work performed by a funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist, as applicable, before January 1, 2026;
(II)
Has received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently with the hours described in subsection (4)(b)(I) of this section; and
(III)
Has obtained a criminal history record check in accordance with section 12-135-502 and does not have a disqualifying criminal history or other disqualifier pursuant to section 12-135-503.
(c)
A provisional license issued pursuant to this subsection (4) expires three years after the date of issuance. The reinstating or extending of a provisional license must be approved by the director.
(d)
An individual holding a provisional license is subject to discipline pursuant to sections 12-135-401 and 12-135-507 for an act or omission set forth in section 12-135-508.
(e)
This subsection (4) is repealed, effective January 1, 2031.
(5)
(a)
An individual who holds a provisional license may request a waiver of educational requirements as described in subsection (6) of this section and obtain full licensure upon completion of the examination required under section 12-135-603 (1)(b), 12-135-703 (1)(b), or 12-135-803 (1)(b) for the same practice as listed on the individual's provisional license.
(b)
An individual who holds a provisional license and who has not been subject to discipline obtains a full license under this article 135 if:
(I)
The individual's work has been reviewed by a qualified peer reviewer, and the individual has received the workplace learning experience described in subsection (4)(b)(II) of this section;
(II)
A qualified peer reviewer certifies that the individual has completed the appropriate qualification described in subsection (5)(b)(III) of this section in compliance with this article 135 and recommends that the individual be issued a full license; and
(III)
(A)
Notwithstanding section 12-135-603, the individual has demonstrated that the individual has directed no fewer than twenty-five funerals;
(B)
Notwithstanding section 12-135-703, the individual has demonstrated that the individual has directed no fewer than twenty-five funerals and embalmed no fewer than twenty-five human remains; or
(C)
Notwithstanding section 12-135-803, the individual has demonstrated that the individual has embalmed no fewer than twenty-five human remains.
(c)
To be a qualified peer reviewer for the purposes of subsection (5)(b) of this section, the qualified peer reviewer must be:
(I)
Approved by the director prior to commencing review of an individual's work;
(II)
A practicing mortuary science practitioner or practice in the same field as the individual being reviewed; and
(III)
(A)
Qualified for a full license under this article 135; or
(B)
Approved by the director to be a peer reviewer, which may include an individual qualified for a provisional license. A provisional licensee that is approved to be a peer reviewer by the director may also be approved for full licensure within the profession for which they will be a peer reviewer.
(d)
(I)
A qualified peer reviewer shall review and discuss each documented case with the provisional licensee either virtually or in person, provide a report to the provisional licensee and the director describing the provisional licensee's work, and attest to whether the provisional licensee completed the requirements described in subsection (5)(b) of this section in compliance with this article 135 and whether the provisional licensee practiced ethically and either recommend full licensure or not recommend full licensure.
(II)
A qualified peer reviewer may:
(A)
Satisfy the requirements of the report virtually;
(B)
Supervise as many provisional licensees as the reviewer has the capacity to appropriately supervise; or
(C)
Be chosen by the provisional licensee.
(6)
(a)
An applicant for licensure under this part 5 may submit to the director a petition for waiver of educational requirements to allow the applicant to take the arts or science portions of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization approved by the director.
(b)
Upon receiving a petition for waiver, the director shall determine if a waiver is appropriate and either issue a waiver allowing the applicant to take the national board examination or a letter detailing why the waiver is not granted.
(c)
This subsection (6) does not waive the examination requirements in this part 5 or parts 6 to 9 of this article 135 without the approval of the director.
(d)
An applicant who receives a waiver and passes the national board examination is deemed to have met both the education and examination requirements for licensure but must also meet all other requirements to be issued a license under this part 5.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.