2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 135. Mortuaries and Crematories
Section 12-135-103. Definitions.
As used in this article 135, unless the context otherwise requires:
"Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials.
"Casket" means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric.
"Cremated remains" or "cremains" means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.
"Cremation" or "cremate" means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container.
"Cremation chamber" means the enclosed space inside of which human remains arecremated.
"Cremation container" means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber.
"Cremationist" means a person who cremates or prepares for cremation human remains.
"Crematory" means a building, facility, establishment, or structure where human remains are cremated.
"Custodian" means the person with possession and control of human remains.
"Designee" means an individual designated by a funeral establishment registered inaccordance with section 12-135-110 or 12-135-303.
"Embalm" or "embalming" means the disinfection and temporary preservation ofhuman remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance.
"Embalmer" means any person who embalms, or prepares for embalming, humanremains for compensation.
"Final disposition" means the disposition of human remains by entombment, burial,cremation, or removal from the state.
"Funeral", "funeral service", or "funeral ceremony" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present.
"Funeral director" means a person who, for compensation:
(a) Arranges, directs, or supervises funerals, memorial services, or graveside services; or (b) Prepares human remains for final disposition by means other than embalming.
(16) "Funeral establishment", "funeral home", or "mortuary" means:
An establishment that holds, cares for, or prepares human remains prior to final disposition, including a crematory or embalming room; except that this subsection (16)(a) does not apply to establishments in which individuals regularly die;
An establishment that holds itself out to the general public as providing funeral goods and services;
Facilities used to hold, care for, or prepare human remains prior to final disposition;except that this subsection (16)(c) does not apply to facilities in which individuals regularly die; or
An establishment that provides funeral or memorial services to the public for compensation.
"Funeral goods" means goods that are sold or offered for sale directly to the publicfor use in connection with funeral or cremation services.
"Funeral services" means:
Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation;
Arrangement, supervision, or conduct of the funeral ceremony or the final dispositionof human remains; or
Transportation of human remains to or from a funeral establishment.
"Human remains" means the physical remains of a dead human.
"Implanted device" means a mechanical device that may explode or cause damageto crematory equipment.
"Memorial service" means a service or rite commemorating the deceased and atwhich service or rite the body of the deceased is not present.
"Mortuary science practitioner" means a person who, for compensation, does thefollowing or offers to do the following:
Embalms or cremates human remains;
Arranges, directs, or supervises funerals, memorial services, or graveside services; or(c) Prepares human remains for final disposition.
"Next of kin" means a family member or members of the deceased who, underColorado law, have legal authority over the disposition of human remains.
"Ossuary" means a receptacle used for the communal placement of cremated remains, without using an urn or other container, in which cremated remains are commingled with other cremated remains.
"Preneed contract" means a preneed contract as defined in section 10-15-102 (13).
"Preparation of the body" means embalming, washing, disinfecting, shaving, dressing, restoring, casketing, positioning, caring for the hair of or applying cosmetics to human remains.
"Processing" means the removal of foreign objects from cremated remains and thereduction of the remains by mechanical means to granules appropriate for final disposition.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1.
Editor's note: This section is similar to former § 12-54-102 as it existed prior to 2019. 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.
(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.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 941, § 1, effective October 1.
Editor's note: This section is similar to former § 12-54-103 as it existed prior to 2019.
