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Colorado Revised Statutes Title 12. Professions and Occupations § 12-135-601. Practice of a funeral director described--definition

Current as of January 01, 2025 | Updated by Findlaw Staff

<For repeal of this section, see 12-135-510>

(1) As used in this part 6, “services concerning the final disposition of human remains” includes funeral services, embalming, cremation, natural reduction, and removal of human remains from the state.

(2)(a) The practice of a funeral director consists of performing the following acts for compensation:

(I) Selling or offering to sell services concerning the final disposition of human remains on an at-need basis;

(II) Planning, arranging, or offering to plan or arrange, on an at-need basis, the details of services concerning the final disposition of human remains and establishing the type of services to be rendered;

(III) Making, negotiating, completing, or offering to make, negotiate, or complete the financial arrangements for services concerning the final disposition of human remains on an at-need basis; except that nonlicensed personnel may assist the funeral director in performing such tasks;

(IV) Directly or indirectly directing, being in charge or apparent charge of, supervising, or offering to direct, be in charge of, or supervise:

(A) A visitation or viewing of human remains;

(B) A funeral service; or

(C) A memorial service, if the memorial service is sold or arranged by a licensee;

(V) Managing or supervising the operation of a funeral establishment, except for administrative matters, such as budgeting, accounting and personnel, maintenance of buildings, equipment, and grounds, and routine clerical and record-keeping functions; or

(VI) Using, in connection with one's name or employment:

(A) The word “funeral director”, “undertaker”, or “mortician”; or

(B) A word, title, or combination of words, titles, or pictures that when considered in the context in which they are used would imply that the person is engaged in the practice of a funeral director or that the person is holding themself out to the public as being engaged in the practice of a funeral director.

(b)(I) Subsection (2)(a)(IV)(A) of this section does not require an individual to be licensed to conduct a visitation or viewing if a licensed funeral director or licensed mortuary science practitioner is readily available for consultation.

(II) Subsection (2)(a)(VI) of this section does not prevent a person from using the name of an owner, officer, or corporate director of a funeral establishment, notwithstanding that the person does not hold a license, in connection with the name of the funeral establishment with which the person is affiliated, so long as the person's affiliation is properly specified.

(3) The practice of a funeral director does not include:

(a)(I) Transmitting, by telephone, by fax, or electronically, obituary notices;

(II) Ordering flowers or merchandise;

(III) Delivering death certificates to attending physicians;

(IV) Clerical preparation and processing of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director; or

(V) An act that is incidental to any of the functions specified in this subsection (3)(a);

(b) Furnishing standard, printed price lists and disclosure information to the public by providing the information to persons making an inquiry;

(c) Arranging, coordinating, or employing, in connection with the final disposition of human remains, removal services, registered refrigeration facilities, or registered centralized embalming facilities;

(d) Any aspect of making preneed funeral arrangements or entering into preneed contracts; or

(e) Functions normally performed by cemetery or crematory personnel.

(4)(a) An individual licensed under this part 6 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 (4).

(d) A licensee shall not delegate the following tasks:

(I) Any task involving handling human remains; except that this subsection (4)(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.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 12. Professions and Occupations § 12-135-601. Practice of a funeral director described--definition - last updated January 01, 2025 | https://codes.findlaw.com/co/title-12-professions-and-occupations/co-rev-st-sect-12-135-601/

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