Title 12, Professions and Occupations

(1) It is unlawful: (a) To disinfect or preserve or to make final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or distr…

A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1.

(1) A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrange…

Any person who violates this part 1 or part 3 of this article 135 commits a class 1 misdemeanor. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3155, § 142, ef…

(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 unde…

(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 …

(1) A funeral establishment that performs embalming shall: (a) Repealed. (b) Employ universal biological hazard precautions; (c) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains; (d) Be equipped with instruments and supplies nec…

(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 cou…

(1) A funeral establishment shall obtain and maintain a professional liability insurance policy with liability limits of at least one million dollars. The funeral establishment must submit the certificate of professional liability insurance to the director: (a) Within thirty days…

(1) Unless it is known that the deceased individual died of an infectious disease: (a) The family, a friend, or a friend of the family of the deceased individual may conduct a funeral service for the deceased individual; or (b) A religious group or sect may conduct a funeral serv…

No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state that is exempt from payment of general property taxes shall, either directly or indirectly, own, manage, conduct, or operate a fun…

(1) The crematory shall furnish to a person who delivers human remains to the crematory a receipt, which shall be signed by both the crematory's representative and the person who delivers the human remains. The crematory shall retain a copy of the receipt in its records pursuant …

A crematory shall not be liable for any valuables delivered to the crematory if the crematory exercised reasonable care in handling and protecting the valuables. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 955, § 1, effective October 1.

(1) A crematory shall: (a) Maintain a retort or crematory chamber that is operated at all times in a safe and sanitary manner; (b) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains; (c) Be equipped with instruments and supplies n…

(1) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section 12-20-404 (1)(d); issue and send, by el…

The director shall establish and collect the fees for a registration issued under parts 1 and 3 of this article 135 pursuant to section 12-20-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 960, § 1, effective October 1. L. 2024: Entire section…

(1) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (2) The director may suspend a registration upon the failure of the registrant to comply with any condition of a stipulation or order i…

(1) On motion of the director, the court may impose a civil penalty of not more than one thousand dollars for a violation of part 1 or 3 of this article 135 or a rule promulgated under part 1 or 3 of this article 135. (2) In addition to any other penalty that may be imposed pursu…

(1) The director may forward to a district attorney or a state or federal law enforcement agency any information concerning possible violations of statute or rule under this article 135 committed by any person or complaints filed against a funeral director, mortuary science pract…

The director shall issue a license by endorsement to engage in the practice of being a licensed funeral director, cremationist, mortuary science practitioner, embalmer, or natural reductionist in this state to an applicant who satisfies the requirements of the occupational creden…

Section 12-135-110 and this part 4 are repealed, effective September 1, 2031. Before the repeal, the regulation of persons registered to practice cremation and mortuary science is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with r…

(1) Effective January 1, 2027, an individual shall not practice as or offer the services of any of the following unless the individual holds the appropriate license as a mortuary science professional issued pursuant to this part 5 and parts 6 to 9 of this article 135: (a) A funer…

(1) An applicant for a license issued pursuant to this part 5 shall submit to a fingerprint-based criminal history record check. The applicant must pay the costs associated with the fingerprint-based criminal history record check. (2) After submitting an application for a license…

(1) Subject to section 24-5-101, a licensee or an applicant for a license under this part 5 has a disqualifying criminal history if the licensee or applicant has been convicted of, plead guilty to, plead nolo contendere to, or received a deferred sentence for: (a) A felony commit…

(1) A license issued under this part 5 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (2) (a) To renew a license issued under this part 5, a licensee must, in accordance with the director's rules, s…

(1) This part 5 does not require the following individuals to be licensed under this part 5: (a) A funeral establishment's clerical staff; (b) A driver who transfers deceased humans to or from a funeral establishment; (c) An individual licensed pursuant to article 105 of this tit…

(1) A person shall not advertise, represent, or hold themself out as or use the title of a "mortuary science practitioner" unless the person holds a mortuary science practitioner license issued in accordance with section 12-135-501. (2) A person shall not advertise, represent, or…

(1) (a) The director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director pursuant to section 12-20-403, this article 135, and article 4 of title 24. (b) On completion of an investigati…

(1) The director may take disciplinary action in accordance with sections 12-20-404, 12-135-401, and 12-135-507 against an applicant or licensee who has: (a) Advertised, represented, or held themself out as a licensed mortuary science professional after the expiration, suspension…

This part 5 and parts 6 to 9 of this article 135 must be liberally construed to effectuate their purposes and to protect consumers. Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p. 1581, § 2, effective May 24.

This part 5 and parts 6 to 9 of this article 135 are repealed, effective September 1, 2031. Before the repeal, this part 5 and parts 6 to 9 of this article 135 are scheduled for review in accordance with section 24-34-104. Source: L. 2024: Entire part added with relocations, (SB …

(1) As used in this part 6, "services concerning the final disposition of human remains" includes funeral services, embalming, cremation, natural reduction, and removal of human remains from the state. (2) (a) The practice of a funeral director consists of performing the followin…

On and after January 1, 2027, an individual who engages in the practice of a funeral director must be licensed by the director as a funeral director or mortuary science practitioner in accordance with part 5 of this article 135 and this part 6 or part 7 of this article 135, as ap…

(1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a funeral director license, an applicant must: (a) Have graduated from an accredited mortuary science school; (b) Have successfully passed the arts section of the national board ex…

(1) The practice of a mortuary science practitioner consists of performing or offering to perform any of the following acts for compensation: (a) The practice of a funeral director as described in section 12-135-601 (2); (b) The practice of an embalmer as described in section 12-…

On and after January 1, 2027, except as otherwise provided in part 6, 8, or 9 of this article 135, an individual who engages in the practice of a mortuary science practitioner must be licensed by the director as a mortuary science practitioner in accordance with this part 7 and p…

(1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a mortuary science practitioner license, the applicant must: (a) Have graduated from an accredited mortuary science school; (b) Have successfully passed both the arts and science s…

(1) The practice of an embalmer consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation: (a) Temporarily disinfecting and preserving human remains by chemically treating the human remains to: (I) Reduce the presence and growt…

On and after January 1, 2027, except as provided in part 7 of this article 135, an individual who engages in the practice of an embalmer must be licensed by the director as an embalmer in accordance with this part 8 and part 5 of this article 135. Source: L. 2024: Entire part add…

(1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain an embalmer license, the applicant must: (a) Have graduated from an accredited mortuary science school; (b) Have successfully passed the science section of the national board exami…

(1) The practice of a cremationist consists of engaging in, offering to engage in, or attempting to engage in the following acts for compensation: (a) Preparing human remains for cremation; (b) Cremating human remains; or (c) Using any word or abbreviation to indicate or induce o…

(1) On and after January 1, 2027, except as provided in part 7 of this article 135: (a) An individual who engages in the practice of a cremationist must be licensed by the director as a cremationist in accordance with this part 9 and part 5 of this article 135; and (b) An individ…

(1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a cremationist license, the applicant must have received official certification as a crematory operator from the Cremation Association of North America, the International Cemetery,…