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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-113 - Disciplinary actions by board - procedures

(1)
The board may take disciplinary or other action as authorized in section
12-20-404
, may place conditions or limitations on a license, or may impose a censure if, after notice and hearing, the board determines that a licensee has committed any of the acts specified in section
12-130-112
.
(2)
The board may issue and send to a licensee, by certified mail, a written letter of admonition under the circumstances specified in and in accordance with section
12-20-404(4)
.
(3)
The board may send a confidential letter of concern to a licensee under the circumstances specified in section
12-20-404(5)
. The confidential letter of concern and notice of the issuance of the letter shall be sent to the licensee by certified mail. Issuance of a confidential letter of concern shall not be construed to be discipline.
(4)
If the board determines that a person licensed to practice landscape architecture pursuant to this article 130 is subject to disciplinary action under this section, the board may, in lieu of or in addition to other discipline, require a licensee to take courses of professional training or education. The board shall determine the educational conditions to be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall furnish proof of satisfactory completion of the training or education.
(5)
Any disciplinary action taken by the board shall be in accordance with the provisions of section
12-20-403
and article
4
of title
24
.
(6)
In addition to the penalties provided for in this section, and in lieu of revoking a license upon a finding of misconduct by the board, a person who violates this article 130 or rules promulgated pursuant to section
12-20-204
or this article 130 may be punished by a fine not to exceed five thousand dollars.
(7)
On its own motion or upon application after the imposition of discipline, the board may reconsider its prior action and reinstate a license, terminate suspension or probation, or reduce the severity of its prior disciplinary action.
Renumbered from C.R.S. §
12-45-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-114 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-114 - Unauthorized practice - penalties

(1)
Any person who practices or offers or attempts to practice landscape architecture without an active license issued under this article 130 is subject to penalties pursuant to section
12-20-407(1)(a)
.
(2)
A violation of this section may be prosecuted by the district attorney of the judicial district in which the offense was committed or by the attorney general of the state of Colorado in the name of the people of the state of Colorado. In such action, the court may issue an order, enter judgment, or issue a preliminary or final injunction.
Renumbered from C.R.S. §
12-45-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-115 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-115 - Judicial review

Section 12-20-408 governs judicial review of a final action or order of the board.
Renumbered from C.R.S. §
12-45-116
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-116 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-116 - Landscape architect's stamp - rules

(1)
A licensed landscape architect shall obtain a stamp of a design authorized by the board. The stamp shall bear the name, date of licensing, and license number of the landscape architect, together with the legend "Colorado - Licensed Landscape Architect".
(2)
A landscape architect's records and documents shall be prepared, recorded, and retained in the following manner:
(a)
The stamp, signature of the landscape architect whose name appears on the stamp, and date of the landscape architect's signature shall be placed on reproductions of drawings to establish a record set of contract documents.
(b)
The record set shall be prominently identified and shall be for the permanent record of the landscape architect, the project owner, and the regulatory authorities who have jurisdiction over the project.
(c)
The stamp and the date the document is stamped shall be placed on the cover, title page, and table of contents of specifications and on each reproduction of drawings prepared under the direct supervision of the landscape architect.
(d)
Subsequently issued addenda, revisions, clarifications, or other modifications shall be properly identified and dated for the record set.
(e)
Where consultant drawings and specifications are incorporated into the record set, their origin shall be clearly identified and dated to distinguish them from stamped documents.
(f)
Except as required for compliance with a federal contract, the landscape architect shall not stamp reproductions or copies that are transferred from the landscape architect's possession or supervision.
(g)
A record set shall be retained by the landscape architect for a minimum of three years after beneficial occupancy or beneficial use of the project.
(h)
One original document may be stamped, signed, and dated as required for federal government contracts.
(3)
The board, by rule, may authorize the use of an electronic stamp, an electronic seal, and recording of electronic records in a manner substantially equivalent to the requirements of subsections (1) and (2) of this section.
Renumbered from C.R.S. §
12-45-117
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-117 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-117 - Exemptions

(1)
The following shall be exempt from the provisions of this article 130:
(a)
The practice of architecture by licensed architects pursuant to part 4 of article
120
of this title 12;
(b)
The practice of professional engineering by registered professional engineers pursuant to part 2 of article
120
of this title 12;
(c)
The practice of professional land surveying by licensed land surveyors pursuant to part 3 of article
120
of this title 12;
(d)
Residential landscape design, consisting of landscape design services for single- and multi-family residential properties of four or fewer units not including common areas;
(e)
The design of irrigation systems by professionals qualified by appropriate experience or certification; and
(f)
Landscape installation and construction services, including, but not limited to, all contracting services not within the scope of the practice of landscape architecture.
(2)
Nothing in this article 130 shall prohibit or limit a municipality or county of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county.
(3)
Nothing in this article 130 shall be construed to limit or extend the rights of another profession or craft.
(4)
Nothing in this article 130 shall be construed to prohibit the practice of landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties.
Renumbered from C.R.S. §
12-45-118
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-118 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-118 - Architecture, engineering, and surveying

Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article
120
of this title 12, the practice of engineering, as defined in part 2 of article
120
of this title 12, or professional land surveying, as defined in part 3 of article
120
of this title 12.
Renumbered from C.R.S. §
12-45-119
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-45-119 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 130 - LANDSCAPE ARCHITECTS (§§ 12-130-101 — 12-130-119) › Section 12-130-119 - Repeal of article - subject to review

This article 130 is repealed, effective September 1, 2028. Before the repeal, the licensing of landscape architects by the board is scheduled for review in accordance with section
24-34-104
.
Renumbered from C.R.S. §
12-45-120
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 304,§ 1, eff. 6/2/2017.
L. 2007: Entire article RC&RE, p. 1439, § 1, effective August 3. L. 2017: Entire section amended, (SB 17-218), ch. 304, p. 1656, § 1, effective June 2.
This section is similar to former § 12-45-120 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-101 - Short title

The short title of this article 135 is the "Mortuary Science Code".
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-101 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-102 - Applicability of common provisions

Articles
1
and
20
of this title 12 apply, according to their terms, to this article 135.
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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-104 - Funeral establishment - subcontractor

(1)
A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors or agents routinely handling or caring for human remains. To comply, the notice must be given when the consumer inquires about the goods or services the funeral establishment provides and must include the names and addresses of the subcontractors, agents, or other providers; except that, if the inquiry is over the telephone, the written notice must be provided when the customer finalizes the arrangements for goods or services with the funeral establishment.
(1.5)
A funeral establishment shall have a written contract with all subcontractors or agents. The contract must be signed by the establishment's designee and made, upon request, available to a consumer that is affected by the contract or the director.
(2)
A funeral establishment shall retain all documents and records concerning the final disposition of human remains for at least seven years after the disposition.
Amended by 2024 Ch. 242,§ 9, eff. 5/24/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54-103 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-106 - Care of bodies required - public health

A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-105 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-107 - Consumer protection

(1)
A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrangers prior to selection of the casket.
(2)
Before a person selects the funeral, the funeral establishment shall provide a written itemized list of the prices of all available merchandise and individual services at that funeral establishment. Full disclosure shall also be made in the case of a memorial service and as to use of funeral merchandise and facilities. In no event shall the person be required to purchase services or products contained on the itemized list that are not desired for the funeral unless the services or goods are required by law.
(3)
Any statements of legal or practical requirements shall be complete and accurate, including the conditions under which embalming is required or advisable. Representations as to the use or necessity of a casket or alternative container in connection with a funeral or alternatives for final disposition shall be truthful and shall disclose all pertinent information.
(4)
When quoting funeral prices, either orally, by use of a disclosure statement, or by a final bill, the funeral establishment shall only list those items as cash advances or accommodation items that are paid for or could be paid for by the next of kin in the same amount that is paid by the funeral home.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-106 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-108 - Violations and penalties

Any person who violates this part 1 or part 3 of this article 135 commits a class 1 misdemeanor.
Amended by 2021 Ch. 462,§ 142, eff. 3/1/2022.
Renumbered from C.R.S. §
12-54-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) This section is similar to former § 12-54-107 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.
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 12-135-111 - [Multiple versions] [Repealed]

Repealed by 2024 Ch. 240,§ 3, eff. 5/24/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Renumbered from C.R.S. §
12-54-111
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire section added, (HB 09 -1202), ch. 422, p. 2345, § 9, effective July 1. L. 2011: IP(1), (1)(b), and (3)(b) amended, (HB 11 - 11 78), ch. 89, p. 259, § 7, effective August 10.
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 12-135-111 - [Multiple versions] Title protection

(1)
A person shall not advertise, represent, or hold themself out as or use the title of a "mortuary science practitioner" unless the person:
(a)
Has at least two thousand hours practicing or interning as a mortuary science practitioner, including, without limitation, experience in cremation and embalming;
(b)
Has graduated with a certificate, diploma, or degree in mortuary science from:
(I)
A program accredited by the American Board of Funeral Service Education or its successor, if the successor is approved by the director, and the program is part of a school of higher education; or
(II)
A school of higher education accredited by the American Board of Funeral Service Education or its successor, if the successor is approved by the director; and
(c)
Has taken the mortuary science test, known as the national board examination, administered by the International Conference of Funeral Service Examining Boards or its successor, if the successor is approved by the director, and received a passing score.
(2)
A person shall not advertise, represent, or hold themself out as or use the title of a "funeral director" unless the person:
(a)
Has at least two thousand hours practicing or interning as a funeral director; and
(b)
Has directed at least fifty funerals or graveside services.
(3)
A person shall not advertise, represent, or hold themself out as or use the title of an "embalmer" unless the person:
(a)
Has at least four thousand hours practicing or interning as an embalmer; and
(b)
Has embalmed at least fifty human remains.
(4)
For purposes of this section, intern or practice hours from Colorado or any other state shall meet the standards set by this section.
Amended by 2024 Ch. 242,§ 8, eff. 5/24/2024.
Amended by 2024 Ch. 242,§ 6, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-111
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire section added, (HB 09 -1202), ch. 422, p. 2345, § 9, effective July 1. L. 2011: IP(1), (1)(b), and (3)(b) amended, (HB 11 - 11 78), ch. 89, p. 259, § 7, effective August 10.
(1) This section is similar to former § 12-54-111 as it existed prior to 2019.
(2) This section is repealed, effective July 1, 2024, pursuant to §
12-135-406
.
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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-112 - Standards of practice - embalming - transporting

(1)
A funeral establishment that performs embalming shall:
(a)
[Repealed by 2024 Amendment.]
(b)
Employ universal biological hazard precautions;
(c)
Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains;
(d)
Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the funeral establishment; and
(e)
Transport human remains in a safe and sanitary manner.
(2)
A funeral establishment that transports human remains shall:
(a)
Use a motor vehicle that is appropriate for the transportation of human remains; and
(b)
Transport human remains in a safe and sanitary manner.
(3)
A funeral establishment shall remove any implanted device in human remains before transporting the body to a crematory.
(4)
A funeral establishment shall maintain a sanitary preparation room with sanitary flooring, drainage, ventilation, and refrigeration and other equipment necessary to maintain sanitary conditions.
Amended by 2024 Ch. 242,§ 12, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-112
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire section added, (HB 09 -1202), ch. 422, p. 2346, § 9, effective July 1. L. 2011: (1)(c), (1)(e), (2), and (3) amended, (HB 11 - 11 78), ch. 89, p. 259, § 8, effective August 10.
This section is similar to former § 12-54-112 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-113 - Custody and responsibility - rules

(1)
A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a)
The next of kin;
(b)
The county coroner or the county coroner's designee; or
(c)
An authorized person at the care facility where the deceased died.
(2)
A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:
(a)
Final disposition has occurred or the remains are returned to the person who has the right of final disposition;
(b)
Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or
(c)
Remains are released to another funeral establishment, crematory, repository, or entity as authorized by the person who has the right of final disposition.
(3)
The director shall adopt rules implementing this section that:
(a)
Establish what constitutes custody;
(b)
Define "care facility", "repository", and "entity";
(c)
Establish who is authorized to identify human remains at a care facility for a funeral establishment; and
(d)
Prescribe the minimum standards for the positive identification and chain of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
(4)
A funeral establishment shall not take custody of more human remains than the funeral establishment has capacity to refrigerate unless the funeral establishment maintains custody of the human remains for less than twenty-four hours.
Amended by 2024 Ch. 242,§ 13, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-113
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Added by 2015 Ch. 178, § 5, eff. 7/1/2015.
This section is similar to former § 12-54-113 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 1 - MORTUARY SCIENCE CODE (§§ 12-135-101 — 12-135-114) › Section 12-135-114 - Insurance requirements

(1)
A funeral establishment shall obtain and maintain a professional liability insurance policy with liability limits of at least one million dollars. The funeral establishment must submit the certificate of professional liability insurance to the director:
(a)
Within thirty days after the initial registration of the funeral establishment by the board; and
(b)
Upon request by the director.
(2)
A funeral establishment shall notify the board in writing within thirty days after doing any of the following for the professional liability insurance policy required by subsection (1) of this section:
(a)
Changing the policy or the insurer that issues the policy; or
(b)
Canceling or suspending the policy.
Added by 2024 Ch. 242,§ 14, 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 2 - ASSESSMENT OF MORTUARIES (§ 12-135-201) › Section 12-135-201 - Mortuaries in cemeteries not exempt

No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state that is exempt from payment of general property taxes, shall, either directly or indirectly, own, manage, conduct, or operate a funeral home or mortuary in the cemetery or mausoleum, or adjacent thereto and in connection therewith, unless the cemetery or mausoleum and funeral home or mortuary is listed for assessment purposes. The attorney general, county attorney, or any interested party may maintain injunction proceedings to prevent any violation of this section.
Renumbered from C.R.S. §
12-54-201
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 53: p. 183, § 1. CRS 53: § 61-2-1. C.R.S. 1963: § 61-2-1.
This section is similar to former § 12-54-201 as it existed prior to 2019.
For exemption of cemetery corporation property, see § 7-47-106.
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 12-135-304 - [Multiple versions] [Repealed]

Repealed by 2024 Ch. 240,§ 3, eff. 5/24/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Renumbered from C.R.S. §
12-54-304
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2351, § 10, effective July 1. L. 2011: Entire section amended, (HB 11 - 11 78), ch. 89, p. 261, § 12, effective August 10.
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 12-135-304 - [Multiple versions] Title protection

A person shall not advertise, represent, or hold themself out as or use the title of a "cremationist" unless the person has at least five hundred hours practicing or interning as a cremationist and has cremated at least fifty human remains.
Amended by 2024 Ch. 242,§ 7, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-304
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2351, § 10, effective July 1. L. 2011: Entire section amended, (HB 11 - 11 78), ch. 89, p. 261, § 12, effective August 10.
(1) This section is similar to former § 12-54-304 as it existed prior to 2019.
(2) This section is repealed, effective July 1, 2024, pursuant to §
12-135-406
.
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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 3 - CREMATION (§§ 12-135-301 — 12-135-308) › Section 12-135-305 - Records and receipts

(1)
The crematory shall furnish to a person who delivers human remains to the crematory a receipt, which shall be signed by both the crematory's representative and the person who delivers the human remains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (3) of this section. The receipt shall include the following:
(a)
The date and time of the delivery;
(b)
The type of casket or alternative container that was delivered;
(c)
The name of the person who delivered the human remains;
(d)
The name of any business with which the person delivering the human remains is affiliated;
(e)
The name of the person who received the human remains on behalf of the crematory; and
(f)
The name of the decedent.
(2)
Upon release of cremains, the crematory shall furnish to the person who receives the cremains a receipt, signed by both the crematory's representative and the person who receives the cremains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (1) of this section. The receipt shall include the following:
(a)
The date and time of the release;
(b)
The name of the person to whom the cremains were released;
(c)
The name of the person who released the cremains on behalf of the crematory; and
(d)
The name of the decedent.
(3)
A crematory shall maintain, for at least five years and available at the registered location, a permanent record of each cremation occurring at the facility and copies of the receipts required by this section.
Renumbered from C.R.S. §
12-54-305
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-305 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 3 - CREMATION (§§ 12-135-301 — 12-135-308) › Section 12-135-306 - Limited liability

A crematory shall not be liable for any valuables delivered to the crematory if the crematory exercised reasonable care in handling and protecting the valuables.
Renumbered from C.R.S. §
12-54-306
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-306 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 3 - CREMATION (§§ 12-135-301 — 12-135-308) › Section 12-135-308 - Custody and responsibility - rules

(1)
A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a)
The next of kin;
(b)
The county coroner or the county coroner's designee; or
(c)
An authorized person at the care facility where the deceased died.
(2)
A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:
(a)
Final disposition has occurred or the remains are returned to the person who has the right of final disposition;
(b)
Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or
(c)
Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition.
(3)
The director shall adopt rules implementing this section that:
(a)
Establish what constitutes custody;
(b)
Define "care facility", "repository", and "entity";
(c)
Establish who is authorized to identify human remains at a care facility for a funeral establishment; and
(d)
Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
Renumbered from C.R.S. §
12-54-308
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2015 Ch. 178,§ 8, eff. 7/1/2015.
This section is similar to former § 12-54-308 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-402 - Fees

The director shall establish and collect the fees for a registration issued under parts 1 and 3 of this article 135 pursuant to section
12-20-105
.
Amended by 2024 Ch. 240,§ 9, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-402
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54-402 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-403 - Cease-and-desist orders - orders and stipulations - suspension - procedure

(1)
The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section
12-20-405
.
(2)
The director may suspend a registration upon the failure of the registrant to comply with any condition of a stipulation or order imposed by the director until the registrant complies with the condition.
Amended by 2024 Ch. 242,§ 5, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-406
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54-406 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-404 - Civil penalty - fines

(1)
On motion of the director, the court may impose a civil penalty of not more than one thousand dollars for a violation of part 1 or 3 of this article 135 or a rule promulgated under part 1 or 3 of this article 135.
(2)
In addition to any other penalty that may be imposed pursuant to this section, a funeral establishment or crematory violating part 1 or 3 of this article 135 or a rule promulgated pursuant to part 1 or 3 of this article 135 may be fined no less than one hundred dollars and no more than five thousand dollars for each violation proven by the director.
Amended by 2024 Ch. 240,§ 10, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-407
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-54-407 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-405 - Enforcement - injunctions

(1)
The director may forward to a district attorney or a state or federal law enforcement agency any information concerning possible violations of statute or rule under this article 135 committed by any person or complaints filed against a funeral director, mortuary science practitioner, cremationist, or embalmer.
(2)
The director may seek injunctive relief in an action brought by the attorney general or by the district attorney in accordance with section
12-20-406
. The notice, hearing, or duration of an injunction or restraining order shall be made in accordance with the Colorado rules of civil procedure.
Renumbered from C.R.S. §
12-54-408
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-54-408 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-406 - [Multiple versions] Repeal - subject to review (§ 12-135-406) › 1

Sections 12-135-110, and 12-135-303 and this part 4 are repealed, effective July 1, 2024 . Before the repeal, the regulation of persons registered to practice cremation and mortuary science is scheduled for review in accordance with section
24-34-104
.
Amended by 2024 Ch. 240,§ 11, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-410
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 178, § 1, eff. 7/1/2015.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2359, § 10, effective July 1. L. 2015: Entire section amended, (SB 15-110), ch. 178, p. 579, § 1, effective July 1.
This section is similar to former § 12-54-410 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-406 - [Multiple versions] Repeal - subject to review (§ 12-135-406) › 2

Sections 12-135-110, 12-135-111, 12-135-303 and 12-135-304 and this part 4 are repealed, effective September 1, 2029. Before the repeal, the regulation of persons registered to practice cremation and mortuary science is scheduled for review in accordance with section
24-34-104
.
Amended by 2024 Ch. 242,§ 1, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-410
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 178, § 1, eff. 7/1/2015.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2359, § 10, effective July 1. L. 2015: Entire section amended, (SB 15-110), ch. 178, p. 579, § 1, effective July 1.
This section is similar to former § 12-54-410 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 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-503 - Criminal history - rules

(1)
Subject to section 24-5-101, a licensee or an applicant for a license under this part 5 has a disqualifying criminal history if the licensee or applicant has been convicted of, plead guilty to, plead nolo contendere to, or received a deferred sentence for:
(a)
A felony committed in the course of and related to practicing as, interning as, or having a workplace learning experience as a funeral director, a mortuary science practitioner, an embalmer, a cremationist, or a natural reductionist;
(b)
A felony committed in the course of and related to being an employee of or being an agent of a funeral establishment registered in accordance with section 12-135-110 or of a crematory registered in accordance with section 12-135-303;
(c)
A violation of section 18-13-101;
(d)
A felony listed in article 4 or 5 of title 18; or
(e)
A violation of a statute of another state if the violation is substantially similar to a violation listed in subsection (1)(a), (1)(b), (1)(c), (1)(d), or (2) of this section.
(2)
The director may promulgate rules to categorize a violation of any of the following as disqualifying criminal history under this part 5:
(a)
Article 140 of this title 12;
(b)
Article 15 of title 10; or
(c)
Title 6.
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-504 - License expiration - continuing education - rules

(1)
A license issued under this part 5 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(2)
(a)
To renew a license issued under this part 5, a licensee must, in accordance with the director's rules, successfully complete at least six hours of continuing education, including:
(I)
One hour covering the law applicable to the type of license held by the applicant for renewal;
(II)
One hour covering applicable ethics; and
(III)
One hour covering public health requirements, such as universal precautions.
(b)
(I)
The director shall promulgate rules governing continuing education. The rules must address:
(A)
The basic requirements for continuing education;
(B)
Approval of qualifying continuing education classes or providers; and
(C)
A system of reporting.
(II)
In adopting the rules required by this subsection (2)(b), the director shall allow for a variety of methods of delivery of qualifying continuing education classes, including in-person, remote, and recorded classes, to comply with the continuing education requirements of this subsection (2).
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-505 - Not required to be licensed

(1)
This part 5 does not require the following individuals to be licensed under this part 5:
(a)
A funeral establishment's clerical staff;
(b)
A driver who transfers deceased humans to or from a funeral establishment;
(c)
An individual licensed pursuant to article 105 of this title 12 when practicing within the scope of the individual's license;
(d)
Couriers; and
(e)
Preneed contract counselors.
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-506 - Title protection

(1)
[Formerly 12-135-111 (1)]
A person shall not advertise, represent, or hold themself out as or use the title of a "mortuary science practitioner" unless the person holds a mortuary science practitioner license issued in accordance with section 12-135-501.
(2)
[Formerly 12-135-111 (2)]
A person shall not advertise, represent, or hold themself out as or use the title of a "funeral director" unless the person holds a funeral director license issued in accordance with section 12-135-501.
(3)
[Formerly 12-135-111 (3)]
A person shall not advertise, represent, or hold themself out as or use the title of an "embalmer" unless the person holds an embalmer license issued in accordance with section 12-135-501.
(4)
[Formerly 12-135-304]
A person shall not advertise, represent, or hold themself out as or use the title of a "cremationist" unless the person holds a cremationist license issued in accordance with section 12-135-501.
(5)
A person shall not advertise, represent, or hold themself out as or use the title of a "Natural reductionist" unless the person holds a natural reductionist license issued in accordance with section 12-135-501.
Amended by 2024 Ch. 242,§ 8, eff. 5/24/2024.
Amended by 2024 Ch. 242,§ 6, eff. 5/24/2024.
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-507 - Disciplinary proceedings - investigations - hearings - judicial review - fines

(1)
(a)
The director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director pursuant to section 12-20-403, this article 135, and article 4 of title 24.
(b)
On completion of an investigation, the director shall find one of the following:
(I)
The complaint is without merit and no further action is needed;
(II)
Reasonable cause to warrant further action does not exist;
(III)
The licensee engaged in conduct that does not warrant formal action but that should not be dismissed as being without merit; or
(IV)
The complaint or investigation discloses misconduct by the licensee that warrants formal action.
(c)
If the director makes a finding described in subsection (1)(b)(IV) of this section, the director may initiate disciplinary proceedings pursuant to subsection (3) of this section.
(2)
An employer of a mortuary science professional shall report to the director a termination, disciplinary action, or resignation in lieu of termination or disciplinary action if the action was taken for conduct that violates this article 135 or a rule promulgated under this article 135.
(3)
(a)
The director may commence a disciplinary proceeding when the director has reasonable grounds to conclude that a licensee has committed an act or omission described in section 12-135-508 or an act that violates this article 135 or a rule promulgated under this article 135.
(b)
The director shall conduct disciplinary proceedings in accordance with section 12-20-403 and article 4 of title 24.
(c)
If the director finds, in accordance with article 4 of title 24, the charges proven and orders that discipline be imposed, the director shall determine the extent of the discipline.
(d)
If the director finds the charges against the licensee proven and orders that discipline be imposed, the director may require, as a condition to reinstate a suspended, revoked, or denied license, that the licensee take courses of training or further education as may be needed to correct a deficiency.
(4)
(a)
Section 12-20-408 governs judicial review of a final action of the director.
(b)
The director may bring an action for the enforcement of an order of the director in accordance with section 12-20-406.
(5)
If a person commits an act that violates this article 135 or a rule promulgated under this article 135, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-509 - Liberal construction

This part 5 and parts 6 to 9 of this article 135 must be liberally construed to effectuate their purposes and to protect consumers.
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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-510 - Repeal of part

This part 5 and parts 6 to 9 of this article 135 are repealed, effective September 1, 2031. Before the repeal, this part 5 and parts 6 to 9 of this article 135 are scheduled for review in accordance with section 24-34-104.
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.