Colorado § 12-135-103 - Definitions - repeal.

§ 12-135-103. Definitions - repeal.

As used in this article 135, unless the context otherwise requires:

(1) "Accredited mortuary science school" means a mortuary science school that the director determines qualifies an individual for licensure under section 12-135-602, 12-135-702, or 12-135-802.

(1.5) "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.

(1.6) "Arrangement", "arrangements", or "funeral arrangements" means:

(a) Planning the details of a funeral ceremony or memorial service, including planning the time of service and the type of ceremony or service;

(b) Obtaining the necessary information for filing a death certificate;

(c) Comparing or discussing prices, including the price of funeral goods and preneed contracts; or

(d) Providing on-site direction and coordination of participants and on-site direction, coordination, and facilitation at a funeral ceremony or memorial service.

(1.8) "Broker" means a person that does not directly provide preparation of human remains for final disposition or funeral services to the public and that provides funeral services exclusively through the use of subcontractors.

(2) "Casket" means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric.

(3) "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.

(4) "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; except that "cremation" or "cremate" does not include natural reduction or to naturally reduce human remains.

(5) "Cremation chamber" means the enclosed space inside of which human remains are cremated.

(6) "Cremation container" means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber.

(7) "Cremationist" means an individual who practices as described in section 12-135-901 (1).

(8) "Crematory" means a building, facility, establishment, or structure where human remains are cremated.

(9) "Custodian" means the person with possession and control of human remains.

(10) "Designee" means an individual designated by a funeral establishment registered in accordance with section 12-135-110.

(11) "Embalm" or "embalming" means the disinfection and temporary preservation of human 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.

(12) "Embalmer" means an individual who practices as described in section 12-135-801.

(13) "Final disposition" means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.

(14) "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.

(15) "Funeral director" means an individual who practices as described in section 12-135-601.

(16) "Funeral establishment" means:

(a) An establishment that directly 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;

(b) An establishment that directly provides funeral goods and funeral services;

(c) A facility 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

(d) An establishment that directly provides funeral or memorial services to the public for compensation.

(17) "Funeral goods" means goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services.

(18) "Funeral services" means:

(a) Preparation of human remains for final disposition, including refrigeration, embalming, and memorial services; except that this subsection (18)(a) does not apply to cremation; or

(b) Supervision or conduct of the funeral ceremony or the final disposition of human remains.

(c) (Deleted by amendment, L. 2026.)

(19) "Human remains" means the physical remains of a dead human.

(20) "Implanted device" means a mechanical device that may explode or cause damage to crematory equipment.

(21) "Memorial service" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present.

(22) "Mortuary science practitioner" means an individual who practices as described in section 12-135-701.

(22.3) "Mortuary science professional" means:

(a) A funeral director;

(b) A mortuary science practitioner;

(c) An embalmer;

(d) A cremationist; or

(e) A natural reductionist.

(22.5) "Natural reduction" or "naturally reduce" has the meaning set forth in section 2-4-401 (6.9).

(22.6) "Natural reductionist" means an individual who practices as described in section 12-135-901 (2).

(23) "Next of kin" means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains.

(24) "Ossuary" means a receptacle used for the communal placement of cremated remains or naturally reduced remains, without using an urn or other container, in which cremated or naturally reduced remains are commingled with other cremated or naturally reduced remains.

(25) "Preneed contract" means a preneed contract as defined in section 10-15-102 (13).

(26) Repealed.

(27) "Processing" means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition.

(28) (a) "Provisional license" means a license issued under section 12-135-501 (4).

(b) This subsection (28) is repealed, effective January 1, 2031.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. L. 2021: (4), (13), (17), (22)(c), and (24) amended and (22.5) added, (SB 21-006), ch. 123, p. 490, § 7, effective September 7. L. 2024: (1), (7), (12), (15), and (22) amended, (1.5), (22.3), (22.6), and (28) added, and (10) and (26) repealed, (SB 24-173), ch. 240, p. 1568, § 1, effective May 24. L. 2026: (1.6) and (1.8) added, (10) RC&RE, and (16) and (18) amended, (HB 26-1258), ch. 383, p. 2387, § 1, effective August 12.

Editor's note: (1) This section is similar to former § 12-54-102 as it existed prior to 2019.

(2) Section 33(2) of chapter 383 (HB 26-1258), Session Laws of Colorado 2026, provides that the act changing this section applies to offenses committed; license and registration applications filed; certificates of death initiated, completed, responded to, or filed; and contracts entered into or renewed on or after August 12, 2026.