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New Regulations Already
Put to the Test
The Department of Regulatory Agencies' Office of
Funeral Establishment and Crematory Registration has begun an
investigation into the complaints lodged over the weekend against Pipkin
Mortuary in Denver.
On February 1, DORA issued cease and desist orders for the establishment
and Pipkin Mortuary must close its doors at the end of business on
Tuesday, February 9. The mortuary failed to register with DORA as
required by law on January 1, 2010.
State laws require registration for all funeral establishments and
crematories by January 1. Those not registered are operating
unlawfully and can expect disciplinary action, including cease and
desist orders. |
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The Colorado Funeral Directors Association is a voluntary,
non-profit association established in 1898 to advance the economic and
professional interests of Colorado's funeral directors and the funeral
service industry they represent. CFDA
is disappointed to hear about situations when recommended standards and
business practices are not followed and stands by its
Code of
Ethics to which its members subscribe.*
CFDA was a strong advocate
for new regulations (HB 09-1202) passed by the Colorado Legislature in
2009 that provide more standards and oversight for funeral
establishments and crematories, and offer a greater measure of
protection for funeral service consumers. These same regulations work to
preserve the dignity, respect and integrity of the hundreds of honorable
funeral professionals who practice in this state.
As of January 1, 2010,
all funeral establishments and crematories must be registered with
the
Department of Regulatory Agencies' Office of
Funeral Establishment and Crematory Registration.
DORA will also accept and investigate
complaints from consumers and enforce disciplinary measures in
accordance with the Mortuary Science Code (C.R.S. 12-54-101 - 410).
The Colorado Funeral Directors Association regrets
that this situation has occurred in the State of Colorado and extends
sympathies to the families involved.
*Pipkin Mortuary has not been a member of the Colorado
Funeral Directors Association since 1997.
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CFSB Certifications due by
January 31
Your 2009
Colorado Funeral Service Board
certification will be considered lapsed if your renewal is received
after January 31. After this date, renewals are subject to an
additional $25 late fee.
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If your certification lapsed at the
end of 2008, you may reinstate
certification for 2010 upon payment of 2010 certification fees plus
a $75 reinstatement fee.
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Certifications that lapsed prior to
2008 will be required to re-apply for certification in a manner
identical to those applying for certification for the first time and
are subject to CFSB's current criteria. This will include submission
of new application forms, education transcripts, affidavit to report
funeral directing and/or embalming cases, etc., as may be required
of new applicants.
Six Contact Hours of CE
Credit Required to Maintain Active Status
Continuing education credit may be
earned each year through active participation in a variety of programs,
such as (A) Professional Training & Activity; (B) Public Education &
Public Service; and (C) Academic Activity. Credits earned after October
1, 2008 may be applied toward 2010 renewal if those credits were not
applied to your last renewal. Documentation such as a certificate of
attendance, statement or transcript from academic institution, etc.,
must be provided as evidence for the corresponding credit.
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Active Status: Evidence for a minimum of six (6)
contact hours of continuing education credit must be provided to
maintain Active Status.
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Retired Status: Certified funeral service
professionals over the age of 65 are eligible for Retired Status and
will be required to provide evidence of three (3) contact hours of
continuing education earned each year.
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Emeritus Status: Certified funeral service
professionals over the age of 70 are eligible for Emeritus Status
and will not be required to prove continuing education credit.
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Inactive Status:
Inactive Status individuals are not required to provide evidence of
continuing education credit. Return to Active status will require
evidence of six (6) contact hours per year of Inactive
certification, up to maximum of twelve (12) contact hours.
If no evidence or insufficient
documentation of continuing education is provided with annual
renewal, your certification may be renewed at Inactive status along
with payment of current year certification fees.
The CFSB will
honor continuing education credit for programs approved by the Academy
of Professional Funeral Service Practice. For a list of AFFSP approved
programs, go to
http://www.apfsp.com/apfsp/home.nsf.
2010 Continuing Education Activity Report
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Mortuary Science Regulations
As of January 13, more than 160
funeral establishments and 50 crematories have applied and registered
with the Colorado Department of Regulatory Agencies.
Beginning January 1, 2010, all funeral homes and crematories must be
registered with the Colorado Department of Regulatory Agencies (DORA)
Division of Registrations to comply with state laws. New laws resulting
from HB 1202 passed during the 2009 Legislative Session also go into
effect as of January 1, including additional standards of practice for
embalming, transport and cremation.
Search for a registered funeral
establishment or crematory online at
https://www.doradls.state.co.us/alison.php
DORA's Office of Funeral Establishment and
Crematory Registration will also accept consumer complaints against
registered Funeral Establishments and Crematories:
http://www.dora.state.co.us/funeralhome-crematory/complaints.htm
Information about the Office of Funeral Establishment and Crematory
Registration can be found online at the DORA web site:
http://www.dora.state.co.us/funeralhome-crematory/licensure.htmFor
questions about requirements and applications, contact:
Office of Funeral Home and Crematory Registration
Division of Registrations, Department of Regulatory Agencies
1560 Broadway, Suite 1350
Denver, Colorado 80202
Telephone: 303.894.7800
Fax: 303.894.7790
Email:
Funeral@dora.state.co.us
A PDF version of mortuary science and cremation laws
can be found online at
http://www.dora.state.co.us/funeralhome-crematory/Statutes.pdf
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The Fall Issue
of the CFDA News is now available online at
http://www.cofda.org/news/CFDANews-Fall2009-web.pdf |
DORA Issues Sunset Review of
Insurance Regulations
The Colorado Department of Regulatory Agencies Office of
Policy, Research and Regulatory Reform has issued its
Sunset Review of functions related to regulation
of property and casualty, automobile, and any other entity or
function that does not offer health, life, property, casualty,
or automobile insurance by the Division.
This includes regulation
of Preneed Funeral Contracts in Colorado.The report
discusses the question of whether there is a need for
the regulation provided under Articles 3 through 6, 10
through 13, and 15 of Title 10, C.R.S., and Articles 44
and 45 of Title 8, C.R.S. The report also discusses the
effectiveness of the DOI staff in carrying out the
intent of the statutes and makes recommendations for
statutory changes in the event this regulatory program
is continued by the General Assembly.
Pertaining to preneed funeral contracts, page 54 of
the Sunset report states: Recommendation 9 –
Require the Commissioner to perform an examination of
books, records and accounts of each licensed preneed
funeral contract seller at least once every five years,
and authorize the Commissioner to perform such
examinations as necessary to ensure compliance with the
law.
The reports cites recent instances where preneed
contract sellers have misappropriated funds.
These recommendations are consistent with suggestions made by CFDA
representatives to DORA policy analysts when conducting
the review earlier this year. It is not yet known how
these recommendations will be applied or the impact to
funeral establishments.
DORA's report and recommendations can viewed online at
http://www.dora.state.co.us/opr/archive/2009Insurance.pdf
- Page 28 of the report explains about the current
preneed contract seller requirements.
- Page 54 issues recommendations for additional
administration for preneed funeral contracts.
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Colorado Division of Insurance
Reaches Settlement in Neptune Society Case
On July 15, 2009, the Colorado Division
of Insurance settled its legal case against Neptune
Management Corporation, d/b/a The Neptune Society.
After a complaint lodged by a
consumer in 2008 and subsequent investigation by the
Colorado Division of Insurance, Neptune Management
Corporation faced several charges including:
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-plan
and practice to avoid compliance with preneed trusting
requirements,
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-violations of the general
provider agreements,
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conditioning the sale of a
preneed contract upon the purchase of a second contract,
and,
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-violation of several
tenets of the Colorado Consumer Protection Act.
The terms of the settlement
include:
- Neptune admits to several violations of Colorado
insurance laws;
- Immediately trusting $1.5 million for outstanding and
unperformed preneed contracts;
- Payment of a civil penalty up to $1.2 million;
- Agreement to comply with Colorado laws for future
contracts, including having general provider agreements in
place; trusting 75% of contract value, etc;
- Implementing a change in business practices, including
allowing customers the option for at-need provision of
merchandise vs. advance delivery.
Read the Stipulation issued by the Colorado Division
of Insurance at
http://www.dora.state.co.us/insurance/enforcement/enforcement.htm
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TSA Known Shipper Compliance |
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The Transportation
Security Administration (TSA) is responsible for ensuring the
security of all modes of transportation, including cargo placed
aboard airplanes and particularly focuses on passenger-carrying
planes.
Effective August 1, 2009, all human
remains shipments originating in the U.S. or its territories
must be tendered by a “known shipper.” This policy will apply to
all airlines accepting human remains for transport, and requires
funeral homes to register as a “known shipper” for each airline
they use to ship bodies. The process will require an inspection
and payment of an inspection fee, and can create an
administrative burden on funeral homes to register with multiple
airlines.
Airlines have been inundated with requests and are
experiencing delays in fulfilling inspection and registration
requirements. Consider CFDA's member partner, SR International
Logistics, to avoid hassles of multiple airline registration
and get your establishment registered in the TSA's Known Shipper
system right away!
Click here to learn more about TSA's
Known Shipper requirements and CFDA's discount program with SR
International Logistics
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Do you have an article,
announcement, comment or fact to share?
Please
email to CFDA
or fax to 303-395-2609 and it may be published in an upcoming
newsletter. |
Colorado Funeral Directors Association, P. O. Box 631664,
Highlands Ranch, CO 80163-1664
Phone 303-791-2336 Fax 303-395-2609
Email to CFDA
2006-2010, All rights reserved. Colorado
Funeral Directors Association. |
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