Definitions - repeal

12-135-103. Definitions - repeal. As used in this article 135, unless the context otherwise requires: (1) Accredited mortuary science school means a mortuary science school that the director determines qualifies an individual for licensure under section 12-135-602, 12-135-702, or 12-135-802. (1.5) 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. (2) Casket means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric. (3) Cremated remains or cremains means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions. (4) Cremation or cremate means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container; except that cremation or cremate does not include natural reduction or to naturally reduce human remains. (5) Cremation chamber means the enclosed space inside of which human remains are cremated. (6) Cremation container means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber. (7) Cremationist means an individual who practices as described in section 12-135-901 (1). (8) Crematory means a building, facility, establishment, or structure where human remains are cremated. (9) Custodian means the person with possession and control of human remains. (10) Repealed. (11) Embalm or embalming means the disinfection and temporary preservation of human remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance. (12) Embalmer means an individual who practices as described in section 12-135-801. (13) Final disposition means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state. (14) Funeral, funeral service, or funeral ceremony means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present. (15) Funeral director means an individual who practices as described in section 12-135-601. (16) Funeral establishment, funeral home, or mortuary means: (a) An establishment that holds, cares for, or prepares human remains prior to final disposition, including a crematory or embalming room; except that this subsection (16)(a) does not apply to establishments in which individuals regularly die; (b) An establishment that holds itself out to the general public as providing funeral goods and services; (c) Facilities used to hold, care for, or prepare human remains prior to final disposition; except that this subsection (16)(c) does not apply to facilities in which individuals regularly die; or (d) An establishment that provides funeral or memorial services to the public for compensation. (17) Funeral goods means goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services. (18) Funeral services means: (a) Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation; (b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or (c) Transportation of human remains to or from a funeral establishment. (19) Human remains means the physical remains of a dead human. (20) Implanted device means a mechanical device that may explode or cause damage to crematory equipment. (21) Memorial service means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present. (22) Mortuary science practitioner means an individual who practices as described in section 12-135-701. (22.3) Mortuary science professional means: (a) A funeral director; (b) A mortuary science practitioner; (c) An embalmer; (d) A cremationist; or (e) A natural reductionist. (22.5) Natural reduction or naturally reduce has the meaning set forth in section 2-4-401 (6.9). (22.6) Natural reductionist means an individual who practices as described in section 12-135-901 (2). (23) Next of kin means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains. (24) Ossuary means a receptacle used for the communal placement of cremated remains or naturally reduced remains, without using an urn or other container, in which cremated or naturally reduced remains are commingled with other cremated or naturally reduced remains. (25) Preneed contract means a preneed contract as defined in section 10-15-102 (13). (26) Repealed. (27) Processing means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition. (28) (a) Provisional license means a license issued under section 12-135-501 (4). (b) This subsection (28) is repealed, effective January 1, 2031. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, � 1, effective October 1. L. 2021: (4), (13), (17), (22)(c), and (24) amended and (22.5) added, (SB 21-006), ch. 123, p. 490, � 7, effective September 7. L. 2024: (1), (7), (12), (15), and (22) amended, (1.5), (22.3), (22.6), and (28) added, and (10) and (26) repealed, (SB 24-173), ch. 240, p. 1568, � 1, effective May 24. Editor's note: This section is similar to former � 12-54-102 as it existed prior to 2019.