Colorado § 12-135-110 - Registration required.

§ 12-135-110. Registration required.

(1) Unless practicing at a registered funeral establishment or affiliate location pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, embalmer, cremationist, or natural reductionist, nor shall the funeral establishment or affiliate location sell or offer to sell funeral goods and services to the public.

(2) (a) Each funeral establishment shall register with the director using forms as determined by the director. The registration must include the following:

(I) The specific location of the funeral establishment;

(II) The full name and address of the designee appointed pursuant to subsection (3) of this section;

(III) The date the funeral establishment began doing business;

(IV) Whether the funeral establishment provides the following services:

(A) Refrigerating or holding human remains;

(B) Embalming human remains;

(C) Cremating human remains;

(D) Providing funeral goods or services to the public; and

(E) Selling preneed contracts; and

(V) The specific location and a list of services offered at each affiliate location under common ownership with the funeral establishment.

(b) Each funeral establishment registration shall be renewed, according to a schedule established by the director in accordance with section 12-20-202 (1), in a form as determined by the director. At the time of renewal, each funeral establishment shall attest to whether the funeral establishment sells preneed contracts.

(c) If, after initial registration, the funeral establishment provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service.

(d) If, after initial registration, the funeral establishment appoints a new designee, the funeral establishment shall submit an amended registration within thirty days after appointing the designee.

(e) Registrations issued pursuant to this part 1 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(3) Each funeral establishment shall appoint an individual as the designee of the funeral establishment. A designee must:

(a) Be at least eighteen years old;

(b) Have the authority within the funeral establishment's organization to require that personnel comply with this article 135; and

(c) On or after January 1, 2027, be licensed as:

(I) A funeral director pursuant to sections 12-135-501 and 12-135-602; or

(II) A mortuary science practitioner pursuant to sections 12-135-501 and 12-135-702.

(3.5) A designee appointed for a registered funeral establishment may also be appointed as the designee for an affiliate location funeral establishment that is under common ownership with the registered funeral establishment.

(4) The designee shall require each person employed at the funeral establishment to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment.

(5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 946, § 1, effective October 1. L. 2022: (2)(b) amended, (HB 22-1228), ch. 309, p. 2224, § 5, effective August 10. L. 2024: IP(3), (3)(d), (3)(e), and (4) amended and (3)(f) added, (SB 24-173), ch. 240, p. 1588, § 6, effective May 24. L. 2026: (1), IP(2)(a), (2)(a)(III), IP(2)(a)(IV), (2)(a)(IV)(C), (2)(a)(IV)(E), (2)(b), and (3) amended and (2)(a)(V) and (3.5) added, (HB 26-1258), ch. 383, p. 2393, § 6, effective August 12.

Editor's note: (1) This section is similar to former § 12-54-110 as it existed prior to 2019.

(2) This section is repealed, effective September 1, 2031, pursuant to § 12-135-406.

(3) 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.