(1) 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.
(2) (a) Each funeral establishment shall register with the director using forms as determined by the director. The registration shall include the following:
The specific location of the funeral establishment;
The full name and address of the designee appointed pursuant to subsection (3) ofthis section;
The date the funeral establishment began doing business; and
A list of each of the following services provided at each funeral establishment location:
Refrigerating or holding human remains;
Embalming human remains;
Transporting human remains to or from the funeral establishment or the place offinal disposition;
Providing funeral goods or services to the public; and(E) Selling preneed contracts.
Each funeral establishment registration shall be renewed, according to a scheduleestablished by the director in accordance with section 12-20-202 (1), in a form as determined by the director.
If, after initial registration, the funeral establishment provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service.
If, after initial registration, the funeral establishment appoints a new designee, thefuneral establishment shall submit an amended registration within thirty days after appointing the designee.
Registrations issued pursuant to this part 1 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(3) Each funeral establishment shall appoint an individual as the designee of the funeral establishment. A designee shall:
Be at least eighteen years of age;
Have at least two years' experience working for a funeral establishment;
Be employed by the registered funeral establishment that the designee represents;
Have the authority within the funeral establishment's organization to require that personnel comply with this article 135; and
Not be designated for more than one funeral establishment unless the additional establishment is operated under common ownership and management and no funeral establishment is more than sixty miles from another establishment held under the same ownership conditions.
The designee shall require each person employed at the funeral establishment to demonstrate evidence of compliance with section 12-135-111. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment.
This section shall not require the registration of a nonprofit organization that onlyprovides education or support to an individual who intends to provide for final disposition of human remains.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 946, § 1, effective October 1.
Editor's note: (1) This section is similar to former § 12-54-110 as it existed prior to 2019.
(2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406.