Funeral Services & Consumer Protections

Under current law, a "preneed contract" is a contract, agreement, or mutual understanding, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. The act states that a preneed contract does not include a transportation protection agreement, which is an agreement that primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to:

• The preparation of human remains for the purpose of transportation; or
• The transportation of human remains.

The act also makes it a deceptive trade practice under the "Colorado Consumer Protection Act" as well as an unlawful act under the "Mortuary Science Code" for a funeral director to commit theft of money that a client or prospective client paid for funeral services.

The act also changes the date by which an applicant for a provisional funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist license must demonstrate at least 4,000 hours of work experience from January 1, 2026, to January 1, 2027.

(Note: This summary applies to this bill as enacted.)