reglab/statecodes huggingface dataset:
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 6 - FUNERAL DIRECTORS (§§ 12-135-601 — 12-135-603) › Section 12-135-602 - License required

On and after January 1, 2027, an individual who engages in the practice of a funeral director must be licensed by the director as a funeral director or mortuary science practitioner in accordance with part 5 of this article 135 and this part 6 or part 7 of this article 135, as applicable.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 6 - FUNERAL DIRECTORS (§§ 12-135-601 — 12-135-603) › Section 12-135-603 - Qualifications - examination - licensure - rules

(1)
In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a funeral director license, an applicant must:
(a)
Have graduated from an accredited mortuary science school;
(b)
Have successfully passed the arts section of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c)
Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 7 - MORTUARY SCIENCE PRACTITIONERS (§§ 12-135-701 — 12-135-703) › Section 12-135-701 - Practice of a mortuary science practitioner described

(1)
The practice of a mortuary science practitioner consists of performing or offering to perform any of the following acts for compensation:
(a)
The practice of a funeral director as described in section 12-135-601 (2);
(b)
The practice of an embalmer as described in section 12-135-801 (1);
(c)
The practice of a cremationist as described in section 12-135-901 (1);
(d)
The practice of a natural reductionist as described in section 12-135-901 (2); or
(e)
Using any word or abbreviation to indicate or induce others to believe that one is licensed to practice as a mortuary science practitioner.
(2)
(a)
An individual licensed under this part 7 may delegate tasks, as determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.
(b)
A licensee is responsible for ensuring that a delegatee has the experience, education, and training necessary to perform delegated tasks.
(c)
A licensee retains responsibility for any tasks delegated under this subsection (2).
(d)
A licensee shall not delegate the following tasks:
(I)
Any task involving handling human remains; except that this subsection (2)(d)(I) does not apply to transporting human remains;
(II)
Signing contracts or other legal documents that involve compensation for funeral goods or services; or
(III)
Oversight of a funeral home or crematory operations related to the final disposition of human remains.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 7 - MORTUARY SCIENCE PRACTITIONERS (§§ 12-135-701 — 12-135-703) › Section 12-135-702 - License required

On and after January 1, 2027, except as otherwise provided in part 6, 8, or 9 of this article 135, an individual who engages in the practice of a mortuary science practitioner must be licensed by the director as a mortuary science practitioner in accordance with this part 7 and part 5 of this article 135.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 7 - MORTUARY SCIENCE PRACTITIONERS (§§ 12-135-701 — 12-135-703) › Section 12-135-703 - Qualifications - examination - licensure - rules

(1)
In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a mortuary science practitioner license, the applicant must:
(a)
Have graduated from an accredited mortuary science school;
(b)
Have successfully passed both the arts and science sections of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c)
Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 8 - EMBALMERS (§§ 12-135-801 — 12-135-803) › Section 12-135-801 - Practice of an embalmer described

(1)
The practice of an embalmer consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a)
Temporarily disinfecting and preserving human remains by chemically treating the human remains to:
(I)
Reduce the presence and growth of organisms; or
(II)
Retard organic decomposition;
(b)
Disinfecting and preserving human remains by the use of or application of chemical substances that are ordinarily used for, prepared for, or intended for disinfection or preservation by:
(I)
Introducing the chemical substances into the human remains by vascular or hypodermic injection; or
(II)
Directly introducing chemical substances into the organs or cavities of the human remains; or
(c)
Using the title "embalmer" or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice as an embalmer.
(2)
The practice of an embalmer does not include:
(a)
Setting features for the purpose of identifying unembalmed human remains; or
(b)
Disinfecting human remains through nonarterial methods.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 8 - EMBALMERS (§§ 12-135-801 — 12-135-803) › Section 12-135-802 - License required

On and after January 1, 2027, except as provided in part 7 of this article 135, an individual who engages in the practice of an embalmer must be licensed by the director as an embalmer in accordance with this part 8 and part 5 of this article 135.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 8 - EMBALMERS (§§ 12-135-801 — 12-135-803) › Section 12-135-803 - Qualifications - examination - licensure - rules

(1)
In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain an embalmer license, the applicant must:
(a)
Have graduated from an accredited mortuary science school;
(b)
Have successfully passed the science section of the national board examination administered by the International Conference of Funeral Service Examining Boards or by a successor organization that is approved by the director; and
(c)
Have received workplace learning experience, as defined by the director in rule, of one year or longer that may be received concurrently while attending mortuary science school.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 9 - CREMATIONISTS AND NATURAL REDUCTIONISTS (§§ 12-135-901 — 12-135-903) › Section 12-135-901 - Practice of a cremationist described - practice of a natural reductionist described

(1)
The practice of a cremationist consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a)
Preparing human remains for cremation;
(b)
Cremating human remains; or
(c)
Using any word or abbreviation to indicate or induce others to believe that one is licensed to practice as a cremationist.
(2)
The practice of a natural reductionist consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation:
(a)
Preparing human remains for natural reduction;
(b)
Natural reduction of human remains; or
(c)
Using any other word or abbreviation to indicate or induce others to believe that one is licensed to practice as a natural reductionist.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 9 - CREMATIONISTS AND NATURAL REDUCTIONISTS (§§ 12-135-901 — 12-135-903) › Section 12-135-902 - License required

(1)
On and after January 1, 2027, except as provided in part 7 of this article 135:
(a)
An individual who engages in the practice of a cremationist must be licensed by the director as a cremationist in accordance with this part 9 and part 5 of this article 135; and
(b)
An individual who engages in the practice of a natural reductionist must be licensed by the director as a natural reduction reductionist in accordance with this part 9 and part 5 of this article 135.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 9 - CREMATIONISTS AND NATURAL REDUCTIONISTS (§§ 12-135-901 — 12-135-903) › Section 12-135-903 - Qualifications - examinations - rules

(1)
In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a cremationist license, the applicant must have received official certification as a crematory operator from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.
(2)
In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a natural reductionist license, the applicant must have received official certification as a natural reductionist from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-101 - Applicability of common provisions

Articles
1
and
20
of this title 12 apply, according to their terms, to this article 140.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-102 - [Effective Until 8/7/2024] Definitions

As used in this article 140, unless the context otherwise requires:
(1)
"Designee" means an individual designated by a nontransplant tissue bank registered in accordance with section
12-140-103
.
(2)
"Human remains" means all or any portion of the physical remains of a dead human who was born alive.
(3)
(a)
"Nontransplant tissue bank" means a person that, for any purpose other than transplantation into a living human being, recovers, transports, distributes, screens, stores, and arranges for the storage and distribution of human remains.
(b)
"Nontransplant tissue bank" does not include:
(I)
An eye bank, an organ procurement organization, or a tissue bank, as those terms are defined in section
15-19-202 (10), (16), and (31)
, respectively;
(II)
A funeral establishment registered in accordance with section
12-135-110
; or
(III)
A crematory registered in accordance with section
12-135-303
.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-101 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-102 - [Effective 8/7/2024] Definitions

As used in this article 140, unless the context otherwise requires:
(1)
"Designee" means an individual designated by a nontransplant tissue bank registered in accordance with section
12-140-103
.
(2)
"Human remains" means all or any portion of the physical remains of a dead human who was born alive.
(3)
(a)
"Nontransplant tissue bank" means a person that, for any purpose other than transplantation into a living human being, and with the intent of further distribution, provides or engages in at least one of the following for the storage and distribution of human remains:
(I)
Recovery;
(II)
Collection;
(III)
Acquisition;
(IV)
Distribution;
(V)
Screening;
(VI)
Storage; or
(VII)
Arrangement.
(b)
"Nontransplant tissue bank" does not include:
(I)
An eye bank, an organ procurement organization, or a tissue bank, as those terms are defined in section
15-19-202 (10), (16), and (31)
, respectively;
(II)
A funeral establishment registered in accordance with section
12-135-110
;
(III)
A crematory registered in accordance with section
12-135-303
; or
(IV)
An approved medical college, as defined in section 12-240-104 (3), or similar educational institution that accepts human remains primarily for its own educational or research purposes.
Amended by 2024 Ch. 241,§ 8, eff. 8/7/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-101 as it existed prior to 2019.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-103 - [Effective Until 8/7/2024] Registration required - subject to review - repeal

(1)
(a)
By July 1, 2019, each nontransplant tissue bank shall register with the director in the form and manner determined by the director. The registration must include:
(I)
The specific address of the nontransplant tissue bank;
(II)
The full name and address of the designee appointed in accordance with subsection (2)(a) of this section;
(III)
The date the nontransplant tissue bank began doing business;
(IV)
The type of services provided by the nontransplant tissue bank; and
(V)
A description of the nontransplant tissue bank's premises and equipment.
(b)
Each nontransplant tissue bank registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202 (1) and (2)
.
(2)
(a)
Each nontransplant tissue bank shall appoint an individual as the designee of the nontransplant tissue bank. A designee must:
(I)
Be at least eighteen years of age;
(II)
Have at least two years of experience working for a nontransplant tissue bank;
(III)
Be employed by the registered nontransplant tissue bank that the designee represents;
(IV)
Have the authority within the nontransplant tissue bank's organization to require that personnel comply with this article 140; and
(V)
Not be designated for more than one nontransplant tissue bank unless each additional nontransplant tissue bank is operated under common ownership and management and unless each additional nontransplant tissue bank is sixty miles or less from all other nontransplant tissue banks held under the same common ownership.
(b)
If, after initial registration, the nontransplant tissue bank appoints a new designee in accordance with subsection (2)(a) of this section, the nontransplant tissue bank shall notify the director within thirty days after appointing the designee.
(3)
To register, a person must pay the fee set pursuant to section
12-20-105
.
(4)
This section is repealed, effective September 1, 2024. Before the repeal, this section is scheduled for review in accordance with section
24-34-104
.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-102 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-103 - [Effective 8/7/2024] Registration required - subject to review - repeal

(1)
(a)
By July 1, 2019, each nontransplant tissue bank shall register with the director in the form and manner determined by the director. The registration must include:
(I)
The specific address of the nontransplant tissue bank;
(II)
The full name and address of the designee appointed in accordance with subsection (2)(a) of this section;
(III)
The date the nontransplant tissue bank began doing business;
(IV)
The type of services provided by the nontransplant tissue bank; and
(V)
A description of the nontransplant tissue bank's premises and equipment.
(b)
Each nontransplant tissue bank registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202 (1) and (2)
.
(c)
If a nontransplant tissue bank withdraws or does not renew its registration, for a period of three years after the end of registration, the nontransplant tissue bank shall continue to maintain on file with the director current information regarding items described in subsections (1)(a)(I) and (1)(a)(II) of this section.
(2)
(a)
Each nontransplant tissue bank shall appoint an individual as the designee of the nontransplant tissue bank. A designee must:
(I)
Be at least eighteen years of age;
(II)
Have at least two years of experience working for a nontransplant tissue bank;
(III)
Be employed by the registered nontransplant tissue bank that the designee represents;
(IV)
Have the authority within the nontransplant tissue bank's organization to require that personnel comply with this article 140; and
(V)
Not be designated for more than one nontransplant tissue bank unless each additional nontransplant tissue bank is operated under common ownership and management and unless each additional nontransplant tissue bank is sixty miles or less from all other nontransplant tissue banks held under the same common ownership.
(b)
If, after initial registration, the nontransplant tissue bank appoints a new designee in accordance with subsection (2)(a) of this section, the nontransplant tissue bank shall notify the director within thirty days after appointing the designee.
(3)
To register, a person must pay the fee set pursuant to section
12-20-105
.
(4)
This section is repealed, effective September 1, 2033. Before the repeal, this section is scheduled for review in accordance with section
24-34-104
.
Amended by 2024 Ch. 241,§ 2, eff. 8/7/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-102 as it existed prior to 2019.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-104 - [Effective Until 8/7/2024] Records and receipts

(1)
A nontransplant tissue bank shall furnish to a person who delivers human remains to the nontransplant tissue bank a receipt, which must be signed by both the nontransplant tissue bank and the person who delivers the human remains. The nontransplant tissue bank shall retain a copy of the receipt in its records in accordance with subsection (2) of this section. The receipt must include the following:
(a)
The date and time of the delivery;
(b)
The name of the person who delivered the human remains;
(c)
The name of the decedent;
(d)
The name of any businesses with which the person delivering the human remains is affiliated; and
(e)
The name of the person who received the human remains on behalf of the nontransplant tissue bank.
(2)
A nontransplant tissue bank shall maintain for at least three years at its registered location the following records:
(a)
The donor's full name and address;
(b)
The date of donation;
(c)
Documentation of the decedent's informed consent or the consent of the person authorized by law to consent on behalf of the donor to the donation;
(d)
A description of the human remains to be donated for scientific or educational purposes;
(e)
Decedent medical history, including any of the following if used by the nontransplant tissue bank: Autopsy reports, donation questionnaires, and other donor or decedent solicitation materials; and
(f)
Tracking documentation of the transport of and delivery of human remains.
(3)
A nontransplant tissue bank shall keep complete and accurate records and make the records open for inspection by the director.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-103 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-104 - [Effective 8/7/2024] Records and receipts

(1)
A nontransplant tissue bank shall furnish to a person who delivers human remains to the nontransplant tissue bank a receipt, which must be signed by both the nontransplant tissue bank and the person who delivers the human remains. The nontransplant tissue bank shall retain a copy of the receipt in its records in accordance with subsection (2) of this section. The receipt must include the following:
(a)
The date and time of the delivery;
(b)
The name of the person who delivered the human remains;
(c)
The name of the decedent;
(d)
The name of any businesses with which the person delivering the human remains is affiliated; and
(e)
The name of the person who received the human remains on behalf of the nontransplant tissue bank.
(2)
A nontransplant tissue bank shall maintain for at least three years at its registered location the following records:
(a)
The donor's full name and address;
(b)
The date of donation;
(c)
Documentation of the decedent's informed consent or the consent of the person authorized by law to consent on behalf of the donor to the donation;
(d)
A description of the human remains to be donated for scientific or educational purposes;
(e)
Decedent medical history, including any of the following if used by the nontransplant tissue bank: Autopsy reports, donation questionnaires, and other donor or decedent solicitation materials; and
(f)
Tracking documentation of the transport of and delivery of human remains.
(3)
A nontransplant tissue bank shall keep complete and accurate records and make the records open for inspection by the director.
(4)
A nontransplant tissue bank and its designee each shall maintain the records and receipts required by this section. If a nontransplant tissue bank withdraws or does not renew its registration, the nontransplant tissue bank and its designee shall maintain the records and receipts required by this section for a period of three years after the end of registration.
Amended by 2024 Ch. 241,§ 9, eff. 8/7/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-103 as it existed prior to 2019.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-105 - [Effective Until 8/7/2024] Standards of practice

(1)
A nontransplant tissue bank shall:
(a)
Handle human remains in a safe and sanitary manner;
(b)
Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the nontransplant tissue bank; and
(c)
Affix identification to all human remains delivered to the nontransplant tissue bank and provide tracking paperwork to match the identification.
(2)
A nontransplant tissue bank shall not commingle unidentified or unharvested human remains prior to transfer to a crematory or funeral establishment, as those terms are defined in section
12-135-103 (8) and (16)
, respectively.
(3)
An incinerator that is used for the disposal of human remains and that is operated by a registered nontransplant tissue bank need not be registered under part 3 of article
135
of this title 12. The incinerator may commingle tissue from medical or educational research from multiple decedents.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-104 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-105 - [Effective 8/7/2024] Standards of practice

(1)
A nontransplant tissue bank shall:
(a)
Handle human remains in a safe and sanitary manner;
(b)
Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the nontransplant tissue bank;
(c)
Affix identification to all human remains delivered to the nontransplant tissue bank and provide tracking paperwork to match the identification; and
(d)
Maintain a proper chain of custody of human remains while the human remains are in the possession of the nontransplant tissue bank.
(2)
A nontransplant tissue bank shall not commingle unidentified or unharvested human remains prior to transfer to a crematory or funeral establishment, as those terms are defined in section
12-135-103 (8) and (16)
, respectively.
(3)
An incinerator that is used for the disposal of human remains and that is operated by a registered nontransplant tissue bank need not be registered under part 3 of article
135
of this title 12. The incinerator may commingle tissue from medical or educational research from multiple decedents.
(4)
(a)
A nontransplant tissue bank may compensate a funeral establishment for transportation of human remains and other reasonable expenses.
(b)
A nontransplant tissue bank shall not compensate a funeral establishment for human remains.
(5)
The donor or the person authorized by law to consent to donation may limit the sale of the donated human remains by a nontransplant tissue bank, including prohibiting sale to foreign buyers, for nonmedical research uses, or for military uses.
Amended by 2024 Ch. 241,§ 3, eff. 8/7/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-104 as it existed prior to 2019.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-106 - [Effective Until 8/7/2024] Disclosure

(1)
A nontransplant tissue bank shall disclose, in clear and unambiguous terms, the following information to the donor or to the person authorized by law to consent to donation:
(a)
That the donated human remains may be distributed, in whole or in part, by the nontransplant tissue bank;
(b)
That the donated human remains may be returned, in whole or in part, to the nontransplant tissue bank; and
(c)
That the nontransplant tissue bank will be compensated for distribution of the human remains.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-105 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-106 - [Effective 8/7/2024] Disclosure

(1)
A nontransplant tissue bank shall disclose, in clear and unambiguous terms, the following information to the donor or to the person authorized by law to consent to donation:
(a)
That the donated human remains may be distributed, in whole or in part, by the nontransplant tissue bank;
(b)
That the donated human remains may be returned, in whole or in part, to the nontransplant tissue bank;
(c)
That the nontransplant tissue bank will be compensated for distribution of the human remains.
(d)
That the donor or the person authorized by law to consent to donation is donating human remains to a nontransplant tissue bank;
(e)
That the nontransplant tissue bank may sell all or any portion of the human remains;
(f)
That the nontransplant tissue bank may compensate a funeral establishment for transportation of human remains and other reasonable expenses, but the nontransplant tissue bank shall not compensate a funeral establishment for human remains; and
(g)
That the donor or the person authorized by law to consent to donation may limit the sale of the donated human remains by a nontransplant tissue bank, including prohibiting sale to foreign buyers, for nonmedical research uses, or for military uses.
Amended by 2024 Ch. 241,§ 4, eff. 8/7/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-105 as it existed prior to 2019.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-107 - Discipline

(1)
The director may take disciplinary or other action as authorized in section
12-20-404
if the nontransplant tissue bank or applicant:
(a)
Violates an order of the director, this article 140, an applicable provision of article
20
of this title 12, or the rules established under this article 140;
(b)
Makes a material misstatement or omission in the registration or the application for a registration;
(c)
Violates federal law, Colorado law, or an ordinance or resolution of a political subdivision of Colorado in the operation of the nontransplant tissue bank; or
(d)
Has incurred disciplinary action related to the administration of a nontransplant tissue bank in another jurisdiction. Evidence of this disciplinary action is prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.
(2)
Section
12-20-403
governs proceedings under this section.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54.5-106 as it existed prior to 2019.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-108 - [Effective Until 8/7/2024] Violations and penalties

A person who violates this article 140 commits a class 1 misdemeanor.
Amended by 2021 Ch. 462, § 143, eff. 3/1/2022.
Renumbered from C.R.S. §
12-54.5-107
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
(1) This section is similar to former § 12-54.5-107 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-108 - [Effective 8/7/2024] Violations and penalties - private civil right of action

(1)
A person who violates this article 140 commits a class 1 misdemeanor.
(2)
(a)
A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against any person that violates section 12-140-105 or 12-140-106.
(b)
If a court determines that a person subject to this article 140 violated section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall award a statutory penalty of the greater of three thousand five hundred dollars or all compensation received by the nontransplant tissue bank for the distribution of the decedent's human remains.
(c)
If a court determines that a violation of section 12-140-105 or 12-140-106 was willful or wanton, the amount of the statutory penalty is tripled.
(d)
The court shall award a successful plaintiff under this subsection (2) reasonable costs and attorney fees.
(e)
There must be only one civil action per decedent whose human remains were donated. If multiple plaintiffs are joined in the action, the court may allocate the penalty among the plaintiffs as it deems just.
Amended by 2024 Ch. 241,§ 10, eff. 8/7/2024.
Amended by 2021 Ch. 462, § 143, eff. 3/1/2022.
Renumbered from C.R.S. §
12-54.5-107
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
(1) This section is similar to former § 12-54.5-107 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 140 - NONTRANSPLANT TISSUE BANKS (§§ 12-140-101 — 12-140-109) › Section 12-140-109 - [Effective 8/7/2024] Rules

(1)
The director may promulgate rules as necessary to implement this article 140. In fulfilling the requirements of section 24-4-103 (2), the director shall seek input and advice from:
(a)
Persons, including any professional organization of individuals that has signed up with the department for rule-making notification, offering services that require registration pursuant to this article 140; and
(b)
Consumers or consumer representatives who advocate for consumers affected by this article 140 and who have signed up with the department for rule-making notification.
Added by 2024 Ch. 241,§ 5, eff. 8/7/2024.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-101 - Legislative declaration

It is the intent of the general assembly to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the mountains, rivers, and streams of Colorado and the state's fish and game and, to that end, in the exercise of the police power of this state for the purpose of safeguarding the health, safety, welfare, and freedom from injury or danger of the residents and nonresidents, to register and regulate those persons who, for compensation, provide equipment or personal services to the residents and nonresidents for the purpose of hunting and fishing. It is neither the intent of the general assembly to interfere in any way with the business of livestock operations or to prevent livestock owners from loaning or leasing buildings or animals to persons, nor is it intended to prevent the owner from accompanying a person or persons on land that the person owns, nor is it the intent of the general assembly to interfere in any way with the general public's ability to enjoy the recreational value of Colorado's mountains, rivers, and streams when the services of commercial outfitters are not utilized nor to interfere with the right of the United States to manage the public lands under its control.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-101 as it existed prior to 2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-102 - Applicability of common provisions

Articles
1
and
20
of this title 12 apply, according to their terms, to this article 145.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-103 - Definitions

As used in this article 145, unless the context otherwise requires:
(1)
"Compensation" means making, or attempting to make, a profit, salary, or increase in business or financial standing, or supporting any part of other programs or activities, to include receiving fees, charges, dues, service swaps, or something that is not strictly a sharing of actual expenses incurred from amounts received from or for outfitting services rendered or to be rendered.
(2)
"Consultant" means a person who is hired by the director to assist in any investigation initiated under this article 145 or any member of an advisory committee appointed pursuant to section
12-145-114
.
(3)
"Entity" means an entity authorized by Colorado law to conduct business, including, but not limited to, a corporation, partnership, limited liability partnership, or limited liability company.
(4)
"Guide" means any individual who:
(a)
Accompanies an outfitter's client to assist the client in the taking or attempted taking of wildlife; and
(b)
Either:
(I)
Is employed for compensation by an outfitter; or
(II)
Has independently contracted with an outfitter.
(5)
"Outfitter" means a person soliciting to provide or providing, for compensation, outfitting services for the purpose of hunting or fishing on land that the person does not own.
(6)
"Outfitting services" means providing transportation of individuals, equipment, supplies, or wildlife by means of vehicle, vessel, or pack animal, facilities including but not limited to tents, cabins, camp gear, food, or similar supplies, equipment, or accommodations, and guiding, leading, packing, protecting, supervising, instructing, or training persons or groups of persons in the take or attempted take of wildlife.
(7)
"Peace officer" means a peace officer as described in section
16-2.5-101
.
(8)
"Person" means an individual or entity.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-102 as it existed prior to 2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-104 - Applicability

(1)
This article 145 does not apply to a person who only authorizes a person to hunt, fish, or take wildlife on property the person owns, rents, or leases, including providing the authorization for compensation.
(2)
This article 145 does not require a person to register as an outfitter if the person only rents motor vehicles, livestock, or equipment.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-102.5 as it existed prior to 2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-105 - Registration required - fees

(1)
A person shall not engage in activities as an outfitter, advertise in any publication as an outfitter, or represent himself, herself, or itself as an outfitter unless the person first obtains a registration from the division and unless the registration is in full force and effect and in the person's immediate possession. A person shall not continue to act as an outfitter if the person's registration has been suspended or revoked or has expired.
(2)
An applicant for registration as an outfitter shall follow the procedures provided in section
12-145-108
and any other procedures required by the director. All applicants shall pay a nonrefundable registration fee to be determined by the director in accordance with section
12-20-105(2)
.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-103 as it existed prior to 2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-106 - Guide qualifications

(1)
An individual who works as a guide must be eighteen years of age or older and hold either a valid first aid or first aid instructor's card issued by the American Red Cross or evidence of equivalent training as approved by the director. An individual who violates this subsection (1) commits a civil infraction.
(2)
It is a violation of this article 145 for an individual whose outfitter registration has been revoked or suspended to work as a guide.
Amended by 2021 Ch. 462,§ 144, eff. 3/1/2022.
Renumbered from C.R.S. §
12-55.5-103.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) This section is similar to former § 12-55.5-103.5 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-107 - Powers and duties of the director - rules

(1)
In addition to all other powers and duties conferred or imposed upon the director by this article 145 or by any other law, the director:
(a)
May promulgate rules pursuant to section
12-20-204
to govern the registration of outfitters and to carry out the purposes of this article 145;
(b)
May apply for injunctive relief in accordance with section
12-20-406
to enforce the provisions of this article 145 or to restrain any violation thereof.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-104 as it existed prior to 2019.
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 145 - OUTFITTERS AND GUIDES (§§ 12-145-101 — 12-145-118) › Section 12-145-108 - Issuance of registration - violations

(1)
Except as otherwise provided in this article 145, the director shall issue an initial or renewed registration as an outfitter to an individual who pays the required fee and furnishes evidence satisfactory to the director that the individual:
(a)
Is eighteen years of age or older;
(b)
Holds a valid first aid card or first aid instructor's card issued by the American Red Cross or evidence of equivalent training;
(c)
Possesses minimum liability insurance coverage in the amount of fifty thousand dollars for bodily injury to one individual in a single accident and one hundred thousand dollars for bodily injury to all individuals in a single accident;
(d)
Has submitted to the director a surety bond in the minimum sum of ten thousand dollars, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond must be conditioned upon compliance with this article 145 and with the rules promulgated under this article 145.
(e)
Has, or will have before providing outfitting services, all the required permits or written permission on the land where the outfitter provides outfitting services.
(2)
An individual or entity may register as an outfitter. An application for registration of an entity shall include the names of all officers, directors, members, partners, owners of at least ten percent of the entity, and other persons who have managing or controlling authority in the entity. The entity shall designate on the application for outfitter registration one of its officers, directors, members, partners, or other controlling or managing individuals to be the responsible party and agent for the entity for all communications with the division. If the entity changes its responsible party and agent, it shall notify the division within ten working days after the name change and provide contact information for the new responsible party and agent. If the responsible party and agent does not provide guide services, he or she shall not be required to comply with subsection (1)(b) of this section.
(3)
(a)
Registrations issued pursuant to this article 145 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
.
(b)
A person whose registration has expired and who offers or provides outfitter services is subject to the penalties provided in this article 145 or section
12-20-202(1)
.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-55.5-105 as it existed prior to 2019.