Colorado § 12-135-109 - Exceptions - safe harbor.

§ 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:

(a) An officer of a public institution;

(b) An officer of a medical college, county medical society, anatomical association, or college of embalming; or

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

(2) (a) This part 1 does not apply to, nor in any way interfere with, any custom or rite of any religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or 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 or the process of natural reduction is begun within seven days after death.

(b) If human remains are refrigerated or embalmed under subsection (2)(a) of this section, the body must be interred within, frozen within, or cremated within sixty days after death or the process of natural reduction must begin within sixty days after death; except that the director or a coroner who does not have an interest in the business of the funeral establishment may authorize otherwise in writing. The director or coroner shall not permit an exception to this subsection (2)(b) unless the applicant seeking the exception can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation.

(c) Notwithstanding this subsection (2), upon the receipt of evidence that the human remains 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 not provide funeral services, shall not be subject to this article 135.

(4) If a funeral director, mortuary science practitioner, embalmer, cremationist, natural reductionist, or funeral establishment has acted in good faith, the funeral director, mortuary science practitioner, embalmer, cremationist, natural reductionist, or funeral establishment may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:

(a) 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;

(b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn each person's wishes; and

(c) The person knows of no objections to the final disposition.

(5) (a) (I) A funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner may dispose of cremated remains at the discretion of the funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner and at the expense of the person with the right of final disposition one year after cremation if:

(A) The person was given clear prior notice of this subsection (5)(a)(I);

(B) Notice of this subsection (5)(a)(I) is included in the authorization to cremate the human remains;

(C) The person was given a reasonable opportunity to collect the cremains;

(D) The funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner has made a reasonable and documented effort to contact the person; and

(E) The exact location of the final disposition and the costs associated with the final disposition are recorded.

(II) Recovery of costs pursuant to subsections (5)(a)(I) and (5)(a)(III) of this section is limited to a reasonable amount of the costs actually expended by the funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner.

(III) A funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner may dispose of naturally reduced remains at the discretion of the funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner and at the expense of the person with the right of final disposition one hundred eighty days after natural reduction if:

(A) The person was given clear prior notice of this subsection (5)(a)(III);

(B) The naturally reduced remains are returned to the earth in a respectful manner;

(C) The person was given a reasonable opportunity to collect the naturally reduced remains;

(D) The funeral establishment, funeral director, cremationist, natural reductionist, embalmer, or mortuary science practitioner has made a reasonable and documented effort to contact the person; and

(E) The exact location of the final disposition and the costs associated with the final disposition are recorded.

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

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

(b) If the person was cremated prior to July 1, 2003, and the funeral establishment, funeral director, cremationist, natural reductionist, embalmer, 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.

(6) This part 1 does not apply to or interfere with cryonic preservation of human remains if done pursuant to rule.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 945, § 1, effective October 1. L. 2021: (2)(a), (2)(b), (5)(a)(I), and (5)(a)(II) amended and (5)(a)(V) added, (SB 21-006), ch. 123, p. 491, § 9, effective September 7. L. 2024: (4)(b) amended and (6) added, (HB 24-1335), ch. 242, p. 1601, § 11, effective May 24. L. 2026: (2)(b), IP(4), and (5) amended, (HB 26-1258), ch. 383, p. 2391, § 5, effective August 12.

Editor's note: (1) This section is similar to former § 12-54-108 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.