The short title of this article 135 is the “Mortuary Science Code”. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. Editor’s note: This section is similar to former § 12-54-101 as it existed prior to 2019.
Articles 1 and 20 of this title 12 apply, according to their terms, to this article 135. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1.
As used in this article 135, unless the context otherwise requires: “Alternative container” means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials. “Casket” means a rigid container that is […]
A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors or agents routinely handling or caring for human remains. To comply, the notice must be given when the consumer inquires about the goods or […]
It is unlawful: 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 district attorney, if there is no coroner, has been first […]
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. Editor’s note: This section is similar to former § 12-54-105 as it existed prior to […]
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 arrangers prior to selection of the casket. Before a person selects the […]
[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who violates this part 1 or part 3 of this article 135 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the […]
This part 1 shall not apply to, or in any way interfere with, the duties of the following persons: An officer of a public institution; An officer of a medical college, county medical society, anatomical association, or college of embalming; or A person acting under the authority of part 3 of article 19 of title […]
Unless practicing at a registered funeral establishment pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, or embalmer, nor shall the funeral establishment sell or offer to sell funeral goods and services to the public. Each funeral establishment shall register with the director […]
A person shall not advertise, represent, or hold himself or herself out as or use the title of a “mortuary science practitioner” unless the person: Has at least two thousand hours practicing or interning as a mortuary science practitioner, including, without limitation, experience in cremation and embalming; Has graduated with a certificate, diploma, or degree […]
A funeral establishment that performs embalming shall: Maintain a sanitary preparation room with sanitary flooring, drainage, and ventilation; Employ universal biological hazard precautions; Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains; Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees […]
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: The next of kin; The county coroner or the county coroner’s designee; or An authorized person at the care facility where the […]
