Colorado § 12-135-113 - Custody and responsibility - rules.

§ 12-135-113. Custody and responsibility - rules.

(1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:

(a) The next of kin;

(b) The county coroner or the county coroner's designee; or

(c) An authorized person at the care facility where the deceased died.

(2) A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:

(a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition;

(b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or

(c) Remains are released to another funeral establishment, repository, or entity as authorized by the person who has the right of final disposition.

(3) The director shall adopt rules implementing this section that:

(a) Establish what constitutes custody;

(b) Define "care facility", "repository", and "entity";

(c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and

(d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.

(4) A funeral establishment shall not take custody of more unembalmed human remains than the funeral establishment has capacity to refrigerate unless the funeral establishment maintains custody of the unembalmed human remains for less than twenty-four hours.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 949, § 1, effective October 1. L. 2024: (4) added, (HB 24-1335), ch. 242, p. 1601, § 13, effective May 24. L. 2026: (2)(c) and (4) amended, (HB 26-1258), ch. 383, p. 2395, § 8, effective August 12.

Editor's note: (1) This section is similar to former § 12-54-113 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.