2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 135. Mortuaries and Crematories
Section 12-135-109. Exceptions - safe harbor.

(1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons:

1. An officer of a public institution;

2. An officer of a medical college, county medical society, anatomical association, orcollege of embalming; or

3. A person acting under the authority of part 3 of article 19 of title 15.

(2) (a) This part 1 shall not apply to, nor in any way interfere with, any custom or rite of any religious sect in the burial of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and bury the bodies of deceased members of the religious sect, free from any term or condition, or any provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death.

2. If human remains are refrigerated or embalmed pursuant to subsection (2)(a) of thissection, the body must be interred, frozen, or cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation.

3. Notwithstanding this subsection (2), upon the receipt of evidence that the humanremains likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2).

3. A person who sells or offers to sell caskets, urns, or other funeral goods, but does notprovide funeral services, shall not be subject to this article 135.

4. If a funeral director, mortuary science practitioner, or embalmer has acted in goodfaith, the funeral director, mortuary science practitioner, or embalmer may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:

1. The person knows of no document expressing the deceased's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104;

2. The person has made a reasonable effort under section 15-19-106 to contact eachperson with the right of final disposition and to learn his or her wishes; and (c) The person knows of no objections to the final disposition.

(5) (a) (I) A funeral establishment, funeral director, or mortuary science practitioner may dispose of cremated remains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (5)(a) and a reasonable opportunity to collect the cremated remains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the cremated remains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the funeral establishment, funeral director, or mortuary science practitioner.

2. A funeral establishment, funeral director, or mortuary science practitioner may comply with this subsection (5)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (5)(a).

3. If cremated remains are not claimed by the person with the right of final dispositionwithin three years after cremation, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.

4. The custodian is not liable for the loss or destruction of records required to be keptby this subsection (5)(a) if the loss or destruction was not caused by the custodian's negligence.

(b) If the person was cremated prior to July 1, 2003, and the funeral director or mortuary science practitioner reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (5), the cremated remains may be disposed of in accordance with this subsection (5) notwithstanding a failure to provide the notice of the provisions of this subsection (5) to the person with the right of final disposition prior to disposing of the remains.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 945, § 1, effective October 1.

Editor's note: This section is similar to former § 12-54-108 as it existed prior to 2019.