8 - Custody and Responsibility
This section 8 is established to meet the requirements of §§12-54-113(3) and 12-54- 308(3), C.R.S.,  to promulgate rules for positive identification of remains; and procedures for documentation of the proper chain of custody as remains are transferred to or out of the custody of a registered funeral establishment and/or crematory, either temporarily or permanently. Definitions in this section apply to §12-54-113 and 308, C.R.S.
A.	Custody. Custody shall be considered as having or taking direct responsibility for the care and control of a decedent by a funeral establishment and/or crematory. 
B. 	Required Definitions.  
1. Care Facility. A care facility, as referenced in §§12-54-113 and 12-54-308, C.R.S.,  is a  facility providing personal, custodial or healthcare services to persons. This includes hospitals, inpatient/residential and home hospice, mental health facilities, group homes, intermediate and long –term care facilities,  skilled nursing facilities,  rehabilitation centers, day treatment facilities, boarding schools, correctional facilities, dialysis treatment facilities, assisted living facilities, home health agency, any entity that provides home and community based services,  or any other facility administering or contracting to administer or provide personal, custodial, or healthcare services to persons. 
2. Repository. A repository as referenced in §§12-54-113 and 12-54-308, C.R.S. is defined as a place, building, or receptacle where human remains are or may be stored temporarily or in perpetuity as requested by the person with the right of final disposition.
3. Entity. An entity as referenced in §§12-54-113 and 12-54-308, C.R.S. is defined as an organization or service that is established for the purpose of holding human remains or carrying out the final disposition of remains as requested by the person with right of final disposition.
C. 	Care Facility Personnel Authorized to Identify Remains. The person(s) established by a care facility to monitor admissions and discharges, provide hospice care, or  to manage or oversee the activities of the care facility and its support staff, shall be considered the person authorized to identify and release human remains to a funeral establishment and/or crematory or its managers, employees, contractors, or agents.
D.	Positive Identification of Decedent.   Positive identification of the decedent shall be established prior to final disposition.

1.	Positive Identification prior to final disposition shall be established by one or more of the following:

a.        Family member or representative with right of final disposition 
b. 	Facility ID band or tag that has been  compared with releasing institution’s records;
c.  	Coroner’s Office or their authorized personnel;  or
d.	Photo identification.

2.	 Identification of decedent post-cremation. Cremated remains shall have an identification tag attached to the urn or container holding the cremated remains and a matching identification tag shall also be placed inside the urn or container.  If remains are separated, additional tags shall be placed similarly with  all containers holding remains.

E. 	Chain of Custody Record.  Funeral establishments and crematories shall establish a chain of custody record to ensure the proper transfer of identified human remains. The chain of custody record shall provide written tracking of positively identified remains as required in §§12-54-113 and 12-54-308, C.R.S. 
1.	Custody shall terminate for funeral establishments upon delivery of human remains for final disposition.

2.	Custody shall terminate for a crematory at the date and time of release of the cremated remains expressly agreed upon, in writing, by the crematory and the person, or representative thereof, with right of final disposition, or the release of the cremated remains to the person, or representative thereof, with right of final disposition, whichever occurs first in time.

a.	Termination of custody by the crematory shall not relieve the crematory of the requirements of §12-54-302(2), C.R.S.  

3.	Chain of Custody Record Requirements. A funeral establishment or crematory shall ensure the completion of a custody record for all remains received for funeral goods and services, and released for final disposition or other termination of custody.

a.	The custody record shall contain the name of the decedent and all of the following :
i.	Information from authorized individual releasing remains:
A)	Printed name, title or position, and signature of the person authorized to release remains. 
B)	Attestation of authorization to release remains.
C)	Attestation and method of positive identification of remains.
D)	Date and time of release of remains.
E)	Name of company or care facility releasing remains.
1)	This entry would not be required to be completed if remains are being released by a family member or person with right of final disposition.
F)	Relationship to Decedent or Nature of service provided.  

ii.	Information from the individual authorized to receive remains:
A)	Printed name, title or position, and signature of individual authorized to receive remains.
B)	Attestation of authorization to receive remains, including name of responsible funeral home/crematory, when applicable.
C)	Attestation obtained the information required and signature of the individual authorized to release the remains pursuant to Office Rule 8(D)(2)(a)(i).
D)	Name of company.
E)	Service provided (3rd party transport, refrigeration, embalming, funeral services, cremation, etc.).
b.	The chain of custody record shall be completed for each transfer of the human remains prior to final disposition for funeral establishment and prior to release of cremains to the person, or representative thereof, with right of final disposition.
i.	Third party transport authorized to receive remains for the responsible funeral home and/or crematory shall not be required to obtain signature from the responsible funeral home or crematory upon delivery to the responsible funeral home and/or crematory provided:

A)	The responsible funeral home and/or crematory expressly authorizes, in writing, the 3rd party transport as a responsible representative of the funeral home and/crematory; 
B)	The responsible funeral home and/or crematory expressly authorizes, in writing, to allow the 3rd party transport after-hours access to the responsible funeral home and/or crematory; and, 
C.	The human remains are delivered by the 3rd party to the responsible funeral home and/or crematory after-hours.
ii.	In the event the human remains are unaccompanied at time of release from the location of death, other than a care facility as defined herein, the representative of the responsible funeral home and/or crematory may transport the human remains to the responsible funeral home and/or crematory as directed by person with right of final disposition but shall not proceed with final disposition until:

A)	The human remains have been identified by the responsible funeral home and/or crematory by the means set forth in section D(1) of this Rule 8; and,

B)	The chain of custody record expressly reflects the circumstances of the transport and positive identification.

c.	The required content of this custody record may be incorporated into a form being used by a funeral establishment or crematory (including requirements of §12-54-305, C.R.S.) but shall clearly reflect all of the requirements of section (D) of this Rule 8  in order that a reasonable person can understand the chain of custody of the decedent’s remains. 
d.	The custody record must be retained as part of the funeral home or crematory records,
i.	A funeral establishment shall maintain the chain of custody record for seven years pursuant to §12-54-103(2), C.R.S.
ii.	A crematory shall maintain the chain of custody record for five years pursuant to § 12-54-305(3), C.R.S.
e.	No statement on the custody record shall waive the rights provided to the Director in Title 12, Article 54, Part 4, C.R.S. for violations of the of the Mortuary Science Code.  

Example

Name of Deceased: _____________________________

Released by

	Received by:

I, _______________, attest that I am authorized to release
      (print name)
the remains of the deceased named above and have positively identified the deceased as defined in section Office Rule 8(D)(1) - note method:
__________________________________________________
Signature: _________________________________________
Title/Position:_______________________ ______________
Date: _____________, ____20___, Time: _________am/pm
Company/Facility Name: __________________________________________________
Relation/Service: ___________________________________

Released by

I, _______________, attest that I am authorized to 
      (print name)
Release the remains of the deceased named above on behalf of  
_______________________________________________ ,
(responsible Funeral Home/Crematory)
and obtained the information required in and signature of the individual authorized to receive the remains pursuant to Office Rule 8(D)(2)(a)(i).   
Signature: _________________________________________
Title/Position:_______________________ ______________
Date:_____________, ____20___, Time: _________am/pm
Company: _________________________________________
Service Provided: ___________________________________

Released by

I, _______________, attest that I am authorized to 
      (print name)
Release the remains of the deceased named above on behalf of  
_______________________________________________ ,
(responsible Funeral Home/Crematory)
and obtained the information required in and signature of the individual authorized to receive the remains pursuant to Office Rule 8(D)(2)(a)(i).   
Signature: _________________________________________
Title/Position:_______________________ ______________
Date:_____________, ____20___, Time: _________am/pm
Company: _________________________________________
Service Provided: ___________________________________

I, _______________, attest that I am authorized to receive
      (print name)
the remains of the deceased named above on behalf of  
_________________________________________________ ,
(responsible Funeral Home/Crematory)
and obtained the information required in and signature of the individual authorized to release the remains pursuant 
to Office Rule 8(D)(2)(a)(i).   
Signature: _________________________________________
Title/Position:_______________________ ______________
Date:_____________, ____20___, Time: _________am/pm
Company: _________________________________________
Service Provided: ___________________________________

Received by:

I, _______________, attest that I am authorized to receive
      (print name)
the remains of the deceased named above on behalf of  
_________________________________________________ ,
(responsible Funeral Home/Crematory)
and obtained the information required in and signature of the individual authorized to release the remains pursuant 
to Office Rule 8(D)(2)(a)(i).  
Signature: _________________________________________
Title/Position:_______________________ ______________
Date:_____________, ____20___, Time: _________am/pm
Company: _________________________________________
Service Provided: ___________________________________

Received by:

I, _______________, attest that I am authorized to receive
      (print name)
the remains of the deceased named above on behalf of  
__________________________________________________ ,
(responsible Funeral Home/Crematory)
and obtained the information required in and signature of the individual authorized to release the remains pursuant 
to Office Rule 8(D)(2)(a)(i).  
Signature: _________________________________________
Title/Position:_____________________________________
Date:_____________, ____20___, Time: _________am/pm
Company: _________________________________________
Service Provided: ___________________________________

__________________________________End of Example_____________________________________

5 – Investigations

Pursuant to Section 12-54-401 (3), C.R.S., the Director may investigate the activities of a funeral establishment or crematory based upon her own initiative, a complaint, or a suspected or alleged violation. This authority includes the discretion to conduct inspections during non-business hours.

A. Cooperation with Director Investigations. Funeral establishments and crematories having knowledge of, and/or involvement in, any alleged violation of any of Title 12, Article 54, Parts 1, 2, and 3, C.R.S., or the Office’s rules, shall cooperate with any investigation initiated by the Director or Director’s designee and furnish such information or assistance as may be requested.