(1) A crematory 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 county coroner's designee; or(c) An authorized person at the care facility where the deceased died.(2) A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:(a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition;(b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or(c) Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition.(3) The director shall adopt rules implementing this section that: (a) Establish what constitutes custody;(b) Define 'care facility', 'repository', and 'entity';(c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and(d) Prescribe the minimum s custody;(b) Define 'care facility', 'repository', and 'entity';(c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and(d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.Renumbered from C.R.S. § 12-54-308 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Added by 2015 Ch. 178, § 8, eff. 7/1/2015.This section is similar to former § 12-54-308 as it existed prior to 2019.
Colorado Legal Code