(1) Unless practicing at a registered crematory under this section and except as provided in section 12-140-105 (3), a person shall not practice as, or offer the services of, a cremationist, nor shall the crematory sell or offer to sell funeral goods and services to the public.
(2) (a) Each crematory shall register with the director using forms as determined by the director. The registration shall include the following:
The specific location of the crematory;
The full name and address of the designee appointed pursuant to subsection (3) ofthis section;
The date the crematory began doing business; and
A list of each of the following services provided at each crematory location:
Refrigerating or holding human remains;
Transporting human remains to or from the crematory or the place of final disposition;
Providing funeral goods or services to the public;(D) Cremating human remains; and (E) Selling preneed contracts.
Each crematory registration shall be renewed, according to a schedule established bythe director, in a form as determined by the director.
If, after initial registration, the crematory provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the crematory shall submit an amended registration within thirty days after beginning to provide the new service.
If, after initial registration, the crematory appoints a new designee, the crematoryshall submit an amended registration within thirty days after appointing the designee.
Registrations issued pursuant to this part 3 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(3) Each crematory shall appoint an individual as the designee of the crematory. A designee shall:
Be at least eighteen years of age;
Have at least two years' experience working for a crematory;
Be employed by the registered crematory that the designee represents;
Have the authority within the crematory's organization to require that personnel comply with this article 135; and
Not be designated for more than one crematory unless the additional establishment isoperated under common ownership and management and no crematory is more than sixty miles from another establishment held under the same ownership conditions.
The designee shall require each person employed at the crematory to demonstrateevidence of compliance with section 12-135-304. The designee shall retain the records of the evidence of compliance so long as the person is employed at the crematory.
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. 953, § 1, effective October 1.
Editor's note: (1) This section is similar to former § 12-54-303 as it existed prior to 2019.
(2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406.