DEPARTMENT OF REGULATORY AGENCIES FUNERAL HOME AND CREMATORY REGISTRATION RULES 4 CCR 742-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

1.1 AUTHORITY

These regulations are adopted pursuant to the authority in sections 12-20-204 and 12-135-401(6)(a), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”), C.R.S., and the Mortuary Science Code, sections 12-135-101 et seq. (the “Practice Act”), C.R.S.

1.2 SCOPE AND PURPOSE

This regulation shall govern the process to become a registered funeral home or crematory and the regulation of funeral homes and crematories in Colorado.

1.3 APPLICABILITY

The provisions of this section shall be applicable to the regulation of funeral homes and crematories in Colorado.

1.4 DEFINITIONS

This Rule is promulgated pursuant to 12-20-204, 12-135-103, and 12-135-401(6)(a), C.R.S.

A. Division. The Division of Professions and Occupations in the Department of Regulatory Agencies.

B. Director. The Director of the Division of Professions and Occupations in the Department of Regulatory Agencies.

C. Office. The Office of Funeral Home and Crematory Registration in the Division of Professions and Occupations.

1.5 APPLICATION FOR REGISTRATION

This Rule is promulgated pursuant to sections 12-20-204, 12-135-103, and 12-135-110, C.R.S. An applicant for registration must:

A. Submit a completed application for registration in a manner approved by the Division;

B. Submit with the application all fees established by the Division pursuant to sections 12-135- 110(2)(e), 12-135-303(2)(e), and 12-135-402, C.R.S.;

C. Complete the attestation, under the penalty of perjury, that the information in the application is true and correct to the best of the applicant's knowledge and belief; and D. Submit additional information as may be requested by the Division to fully and fairly evaluate the applicant’s qualifications for registration pursuant to sections 12-135-110(2)(a) and 12-135- 303(2)(a), C.R.S.

1.6 RENEWAL AND REINSTATEMENT OF REGISTRATION

This Rule is promulgated pursuant to sections 12-20-204 and 12-135-401(6)(a), C.R.S.

A. If a funeral establishment or a crematory fails to renew its registration pursuant to the schedule established by the Division, the registration shall expire.

B. In order to reinstate an expired registration, an applicant must:

1. 1. Submit a completed application for reinstatement in a manner approved by the Division; and 2. Submit with the application all fees established by the Division pursuant to sections 12- 135-110(2)(e) and 12-135-303(2)(e), C.R.S.

1.7 INVESTIGATIONS

This Rule is promulgated pursuant to sections 12-20-204, 12-135-401(6)(a), and 12-135-401(3), C.R.S. Pursuant to section 12-135-401(3), C.R.S., the Director may investigate the activities of a funeral establishment or crematory based upon their own initiative, a complaint, or a suspected or alleged violation. This authority includes the discretion to conduct inspections during non-business hours. Cooperation with Director Investigations. Funeral establishments and crematories having knowledge of, and/or involvement in, any alleged violation of any of Title 12, Article 135, Parts 1, 2, and 3, C.R.S., or the Office’s rules, shall cooperate with any investigation initiated by the Director or Director’s designee and furnish such information or assistance as may be requested.

1.8 DECLARATORY ORDERS

This Rule is promulgated pursuant to sections 12-20-204, 12-135-401(6)(a), and 24-4-105(11), C.R.S.

A. Any person or entity may petition the Director of the Division for a declaratory order to terminate controversies or remove uncertainties as to the applicability of any statutory provision or of any rule or order of the Director or the Division.

B. The Director will determine, at the Director’s discretion and without notice to petitioner, whether to rule upon such petition. If the Director determines that the Director will not rule upon such a petition, the Director shall promptly notify the petitioner of such action and state the reasons for such decision.

C. In determining whether to rule upon a petition filed pursuant to this rule, the Director will consider the following matters, among others:

1. 1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision, rule, or order of the Director or the Division.
2. 2. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director, the Division, or a court involving one or more petitioners.
3. 3. Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director, the Division, or a court but not involving any petitioner.
4. 4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.
5. 5. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedure, which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question.

D. Any petition filed pursuant to this Rule shall set forth the following:

1. 1. The name and address of the petitioner and whether the petitioner is registered pursuant to Title 12, Article 135, C.R.S.
2. 2. The statute, rule, or order to which the petition relates.
3. 3. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner.

E. If the Director determines that the Director will rule on the petition, the following procedures shall apply:

1. 1. The Director may rule upon the petition based solely upon the facts presented in the petition. In such a case:
   1. a. Any ruling of the Director will apply only to the extent of the facts presented in the petition and any amendment to the petition.
      1. b. The Director may order the petitioner to file a written brief, memorandum, or statement of position.
      2. c. The Director may set the petition, upon due notice to petitioner, for a non- evidentiary hearing.
      3. d. The Director may dispose of the petition on the sole basis of the matters set forth in the petition.
      4. e. The Director may request the petitioner to submit additional facts in writing. In such event, such additional facts will be considered as an amendment to the petition.
      5. f. The Director may take administrative notice of facts pursuant to the Colorado Administrative Procedure Act at section 24-4-105(8), C.R.S., and may utilize their experience, technical competence, and specialized knowledge in the disposition of the petition.
2. 2. If the Director rules upon the petition without a hearing, the Director shall promptly notify the petitioner of such decision.
3. 3. The Director may, at the Director’s discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The hearing notice to the petitioner shall set forth, to the extent known, the factual or other matters that the Director intends to inquire.
   1. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all the facts stated in the petition; all of the facts necessary to show the nature of the controversy or uncertainty; and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Director to consider.

F. The parties to any proceeding pursuant to this Rule shall be the Director and the petitioner. Any other person may seek leave of the Director to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Director. A petition to intervene shall set forth the same matters as are required by section D of this Rule. Any reference to a "petitioner" in this Rule also refers to any person who has been granted leave to intervene by the Director.

G. Any declaratory order or other order disposing of a petition pursuant to this Rule shall constitute agency action subject to judicial review pursuant to the Colorado Administrative Procedure Act at section 24-4-106, C.R.S.

1.9 CUSTODY AND RESPONSIBILITY

This Rule is promulgated pursuant to sections 12-20-204, 12-135-401(6)(a), 12-135-113(3), and 12-135- 308(3), C.R.S., for the positive identification of remains and procedures for documentation of the proper chain of custody as remains are transferred to or out of the custody of a registered funeral establishment and/or crematory, either temporarily or permanently. Definitions in this section apply to sections12-135- 113 and 12-135-308, C.R.S.

A. Custody. Custody shall be considered as having or taking direct responsibility for the care and control of a decedent by a funeral establishment and/or crematory.

B. Required Definitions.

1. 1. “Care facility,” as referenced in sections 12-135-113 and 12-135-308, C.R.S., means a facility providing personal, custodial or healthcare services to persons. This includes hospitals, inpatient/residential and home hospice, mental health facilities, group homes, intermediate and long –term care facilities, skilled nursing facilities, rehabilitation centers, day treatment facilities, boarding schools, correctional facilities, dialysis treatment facilities, assisted living facilities, home health agency, any entity that provides home and community based services, or any other facility administering or contracting to administer or provide personal, custodial, or healthcare services to persons.
2. 2. “Repository,” as referenced in sections 12-135-113 and 12-135-308, C.R.S., means a place, building, or receptacle, or the individual authorized to receive remains on behalf of the place, building or receptacle where human remains are or may be stored temporarily or in perpetuity as requested by the person with the right of final disposition.
3. 3. “Entity,” as referenced in sections 12-135-113 and 12-135-308, C.R.S., means an organization or service, or the individual authorized to received remains on behalf of an organization or service, that is established for the purpose of holding human remains or carrying out the final disposition of remains as requested by the person with right of final disposition.

C. Care Facility Personnel Authorized to Identify Remains. The person(s) established by a care facility to monitor admissions and discharges, provide hospice care, or to manage or oversee the activities of the care facility and its support staff, shall be considered the person authorized to identify and release human remains to a funeral establishment and/or crematory or its managers, employees, contractors, or agents.

D. Positive Identification of Decedent. Positive identification of the decedent shall be established prior to final disposition.

1. 1. Positive identification prior to final disposition shall be established by one or more of the following:
   1. a. Photo identification;
      1. b. Family member or representative with right of final disposition;
      2. c. Facility ID band or tag that has been compared with releasing institution’s records; or d. Coroner’s Office or their authorized personnel.
         1. (1) Positive identification may be established by the identification marker or tag affixed to the remains by the Coroner’s Office or their authorized personnel.
2. 2. Identification of Decedent Post-Cremation. Cremated remains shall have an identification tag attached to the urn or container holding the cremated remains and a matching identification tag shall also be placed inside the urn or container. If remains are separated, additional tags shall be placed similarly with all containers holding remains.

E. Chain of Custody Record. Funeral establishments and crematories shall establish a chain of custody record to ensure the proper transfer of identified human remains. The chain of custody record shall provide written tracking of positively identified remains as required in sections 12- 135-113 and 12-135-308, C.R.S.

1. 1. Custody shall terminate for funeral establishments upon delivery of human remains for final disposition.
2. 2. Custody shall terminate for a crematory at the date and time of release of the cremated remains expressly agreed upon, in writing, by the crematory and the person, or representative thereof, with right of final disposition, or the release of the cremated remains to the person, or representative thereof, with right of final disposition, whichever occurs first in time.
   1. a. Termination of custody by the crematory shall not relieve the crematory of the requirements of section 12-135-302(2), C.R.S.
3. 3. Chain of Custody Record Requirements. A funeral establishment or crematory shall ensure the completion of a custody record for all remains received for funeral goods and services, and released for final disposition or other termination of custody.
   1. a. The custody record shall contain the name of the decedent and all of the following
      1. (1) Information from authorized individual releasing remains:
         1. (a) Printed name, title or position, and signature of the person authorized to release remains.
         2. (b) Attestation of authorization to release remains.
         3. (c) Attestation and method of positive identification of remains.
         4. (d) Date and time of release of remains.
         5. (e) Name of company or care facility releasing remains.
         6. (1) This entry would not be required to be completed if remains are being released by a family member or person with right of final disposition.
         7. (f) Relationship to Decedent or Nature of service provided.
         8. (2) Information from the individual authorized to receive remains:
         9. (a) Printed name, title or position, and signature of individual authorized to receive remains.
         10. (b) Attestation of authorization to receive remains, including name of responsible funeral home/crematory, when applicable.
         11. (c) Attestation obtained the information required and signature of the individual authorized to release the remains pursuant to Office Rule 1.9(C).
         12. (d) Name of company.
         13. (e) Service provided (third party transport, refrigeration, embalming, funeral services, cremation, etc.).
      2. b. The chain of custody record shall be completed for each transfer of the human remains prior to final disposition for funeral establishment and prior to release of cremains to the person, or representative thereof, with right of final disposition.
         1. (1) Third party transport authorized to receive remains for the responsible funeral home and/or crematory shall not be required to obtain signature from the responsible funeral home or crematory upon delivery to the responsible funeral home and/or crematory provided:
         2. (a) The responsible funeral home and/or crematory expressly authorizes, in writing, the third party transport as a responsible representative of the funeral home and/crematory;
         3. (b) The responsible funeral home and/or crematory expressly authorizes, in writing, to allow the third party transport after-hours access to the responsible funeral home and/or crematory; and, (c) The human remains are delivered by the third party to the responsible funeral home and/or crematory after-hours.
         4. (2) In the event the human remains are unaccompanied at time of release from the location of death, other than a care facility as defined herein, the representative of the responsible funeral home and/or crematory may transport the human remains to the responsible funeral home and/or crematory as directed by person with right of final disposition but shall not proceed with final disposition until:
         5. (a) The human remains have been identified by the responsible funeral home and/or crematory by the means set forth in section D(1) of this Rule 1.9; and (b) The chain of custody record expressly reflects the circumstances of the transport and positive identification.
      3. c. The required content of this custody record may be incorporated into a form being used by a funeral establishment or crematory (including requirements of section 12-135-305, C.R.S.) but shall clearly reflect all of the requirements of section (D) of this Rule 1.9 in order that a reasonable person can understand the chain of custody of the decedent’s remains.
      4. d. The custody record must be retained as part of the funeral home or crematory records:
         1. (1) A funeral establishment shall maintain the chain of custody record for seven years pursuant to section12-135-104(2), C.R.S.
         2. (2) A crematory shall maintain the chain of custody record for five years pursuant to section 12-135-305(3), C.R.S.
      5. e. No statement on the custody record shall waive the rights provided to the Director in Title 12, Article 135, Part 4, C.R.S., for violations of the of the Mortuary Science Code.
         1. Example Name of Deceased: _____________________________ Released by Received by:

I, _______________, attest that I am authorized to release I, _______________, attest that I am authorized to receive (print name) (print name)

the remains of the deceased named above and have the remains of the deceased named above on behalf of positively identified the deceased as defined in section ___________________________________________________ , Office Rule 1.9(D)(1) - note method: (responsible Funeral Home/Crematory) and obtained the information required in and signature of _________________________________________________ the individual authorized to release the remains pursuant Signature:_________________________________________ to Rule 1.9(C).

Title/Position:_______________________ _______________ Signature: ____________________________________________ Date: _____________, ____20___, Time: _________am/pm Title/Position:_______________________ __________________ Company/Facility Name:

_________________________________________________ Date:_____________, ____20___, Time: _____________am/pm Relation/Service: ___________________________________ Company: ____________________________________________ Service Provided: ______________________________________ _________________________________________________________________________________________________________________ Released by Received by:

I, _______________, attest that I am authorized to I, _______________, attest that I am authorized to receive (print name) (print name)

Release the remains of the deceased named above on the remains of the deceased named above on behalf of behalf of _________________________________________________ , _______________________________________________ , (responsible Funeral Home/Crematory) (responsible Funeral Home/Crematory) and obtained the information required in and signature of and obtained the information required in and signature the individual authorized to release the remains pursuant of the individual authorized to receive the remains to Rule 1.9(C). pursuant to Rule 1.9(C)). Signature: _____________________________________________ Signature: __________________________________________ Title/Position:_______________________ ___________________ Title/Position:_______________________ ________________ Date:_____________, ____20___, Time: _______________am/pm Date:_____________, ____20___, Time: ____________am/pm Company: _____________________________________________ Company:__________________________________________ Service Provided: _______________________________________ Service Provided:____________________________________ ____________________________________________________________________________________________________________________ Released by Received by:

I, _______________, attest that I am authorized to (print name) I, _______________, attest that I am authorized to receive Release the remains of the deceased named above on (print name) behalf of the remains of the deceased named above on behalf of _______________________________________________ , __________________________________________________ , (responsible Funeral Home/Crematory) (responsible Funeral Home/Crematory) and obtained the information required in and signature and obtained the information required in and signature of of the individual authorized to receive the remains the individual authorized to release the remains pursuant pursuant to Rule 1.9(C) to Rule 1.9(C).

Signature: _________________________________________ Signature: _________________________________________ Title/Position:_______________________ _______________ Title/Position:_____________________________________ Date:_____________, ____20___, Time: ___________am/pm Date:_____________, ____20___, Time: _________am/pm Company:_________________________________________ Company: _________________________________________ Service Provided: ___________________________________ Service Provided: ___________________________________ _____________________________________________End of Example____________________________________________ _________________________________________________________________________ Editor’s Notes History Entire rule eff. 01/01/2010.

Rules 5, 8 eff. 12/30/2016.

Entire rule eff. 07/15/2021.