April 24, 2008
HB 1123 Clears Senate BLT Committee

The Senate Business Labor and Technology Committee meeting scheduled for April 24 was unexpectedly moved up to Wednesday, April 23.

The good news is that HB 1123, with CFDA's new amendment L.012, passed the Senate committee by vote of 5-2. 

The self-funded bill is scheduled for Senate Appropriations committee at 7:30 a.m. on Friday, April 25. The legislation may hit the Senate floor as early as Friday. Unfortunately, DORA is still working against the bill.

The objectives of DORA and CFDA are incongruent.

• DORA’s objective is to provide a mechanism for consumers to report complaints.

• CFDA’s objective is to promote consumer confidence and consumer protection by offering standards and accountability to prevent harm and discontinue bad practices.

Please keep in touch with your Senators – make sure these legislators are educated about the funeral service profession and ask for their vote in favor of HB 1123.

April 23, 2008
CFDA and DORA Discuss Compromise

CFDA representatives met with DORA staff on April 21 and April 22 to explain more about the practice of funeral service and discuss possibilities for a compromise amendment.  

CFDA expressed several key areas of concern including:

·  Need for registration, qualifications, standards of practice, and accountability for individual funeral service practitioners

·  Limits of liability and disciplinary action for employee manager vs. funeral home owner

·  Necessity for random inspections of funeral establishments

·  Advisory group of funeral service professionals to assist with rulemaking and complaint process

·  Retain Cremation section as proposed in the original bill

·  Retain the Unlawful Acts additions as proposed in the original bill

Citing that the Sunrise Review did not outline enough documented cases of harm to consumers, DORA stated its primary objective is to provide a mechanism for consumers to report complaints and held firm on the following positions:

1. Allow for one registration per funeral establishment – either a facility manager OR a generic “funeral service practitioner” – who is held accountable for all operations of the establishment.
2. The Department will not consider any licenses or registrations for individual funeral service practitioners.
3. The Department will not define the scope of practice for Funeral Directors, Embalmer or Cremationists. They suggest that a “funeral service practitioner” is a generic category without recognition of the unique duties of Funeral Directors, Embalmers or Cremationists.
4. The Department will not recognize experience, education or basic training qualifications for funeral service practitioners.

On the positive side, there were a few points of alignment:

• Include some standards of practice into the amendment

• Incorporate standards of practice into the rulemaking process – which simplifies the modification process so standards can be changed without legislative process necessary to revise statutes.

• Allow for an advisory committee of funeral service practitioners to assist in the rulemaking and complaint processes.

• More specific language to allow the Director authority to inspect establishments.

At the end of the day, CFDA determined that:

• No other model has been presented that addresses the unique functions of a funeral establishment and funeral service practitioners.

• There is insufficient time to consider significant revisions of the bill.

• There is a high potential for unintended consequences due to short time frame.

• DORA’s recommendations do not serve the best interests of CFDA member funeral establishments.

After consideration, however, CFDA is proposing a new amendment based on the points of alignment with DORA:

1. Require “registration” for MSPs instead of a “license.” Registration is retained for Funeral Directors, Embalmers and Cremationists.

2. Recognize an “Intern” registration for all practice areas instead of one each for MSP, Funeral Director, Embalmer or Cremationist.

3. Include a provision to incorporate standards of practice into the rulemaking process.

4. Allow for an advisory committee of funeral service practitioners to assist in the rulemaking and complaint processes.

5. Remove the “disclosure of trade names” amendment that was added in the House of Representatives.

The bill is scheduled in the Senate Business, Labor and Technology Committee on Thursday morning. The agenda is for “action only” and no testimony will be allowed. CFDA representatives will be present to answer questions if needed.

CFDA representatives met with DORA executive director Rico Munn and several DORA staff members yesterday to discuss possibilities for a compromise amendment to HB08-1123.

As noted in the 2007 Sunrise review, Munn stated that DORA cannot support CFDA's proposal for individual licensing and registration without documented cases of harm under the current regulations,

CFDA expressed concerns about DORA's amendment that holds a Manager responsible for the operations of the establishment without defining standards of practice and accountability by individual funeral service practitioners.

CFDA and DORA representatives will meet again Wednesday to discuss specifics and determine  if a compromise can be reached. Considerations will include:

• Registration, qualifications and standards of practice for funeral service practitioners
• Limits of liability and discipline for employee manager vs. funeral home owner
• Random inspections for funeral establishments
• Advisory board of funeral service professionals
• Retain Cremation regulations as proposed in the original bill

The Senate Business, Labor and Technology Committee has agreed to lay-over discussion on this bill until Thursday with expectation of a possible compromise.

If amended, the bill must pass through the Senate and go back to the House for final approval before the Colorado General Assembly adjourns in two weeks. Bill sponsor Rep. Debbie Stafford has pledged to kill the bill if CFDA is not satisfied with the amended legislation.

CFDA representatives testified on Wednesday before the Senate Business, Labor and Technology Committee about House Bill 08-1123.

After witness testimony was closed, Senator Jennifer Veiga introduced a new “strike below” amendment (L.010) proposed by DORA based on their Sunrise recommendation.

Senator Veiga’s amendment effectively ELIMINATES ALL STANDARDS OF PRACTICE AND PERSONAL ACCOUNTABILITY that CFDA has long supported.

1. Eliminates licensing and registration for all individual funeral service practitioners

2. Eliminates the definition of an MSP and any related qualifications that distinguish an MSP from a funeral director, embalmer or cremationist

3. References “Morticians” throughout the amendment

4. Eliminates qualifications and basic standards for Funeral Directors or Embalmers or Cremationists and does not promote training or education to determine competency

5. Eliminates consequences for improper actions and disciplinary measures to prevent continued abuse by individual funeral service practitioners

6. Eliminates standards of practice for embalming, cremating and transporting

7. Removes the entire Cremation section including rules, standards and definitions of unlawful acts pertaining to cremation

8. Mandates that funeral goods or the services of a Mortician, Funeral Director, Cremationist or Embalmer, cannot be sold or offered to the public unless practiced under a registered funeral establishment

9. Requires each establishment to appoint a Manager to supervise operations and requires that the Manager “sign a statement acknowledging responsibility for ensuring that the funeral establishment conform” to the new regulations.

10. Eliminates the authority for random inspections of a funeral establishment

Before a vote, 1123 Bill co-sponsor Senator Steve Johnson asked that the bill be pulled off the table and laid-over one week to allow Senate committee members more time to consider the bill and amendment before putting to a vote.

The amendment was recommended and written by DORA and legislative staff who DON'T KNOW ABOUT THE FUNERAL BUSINESS. Amendment L.010 will create serious problems for funeral directors in all types of operations -- large and small, rural and metro, etc. It will impose unreasonable liability and meaningless regulations at your expense and without merit. It will do nothing to ensure consumer confidence and offers no protection from unscrupulous operators.

We urge YOU to continue your efforts by actively lobbying Senators to educate them about funeral service and explain why standards are important. Ask them to support HB 1123 as presented and do not accept Amendment L.010.

Many thanks to Chuck Bowman, Eric Wolverton and John Horan who spoke in support of this legislation on April 16. We also appreciate the support by Elvin Caldwell, Chuck Myers, Martha Thayer and Gary Pyle who attended the hearing, and anyone who listened to the proceedings online.

March 31, 2008
Mortuary Science Bill moves on to Senate

House Bill 08-1123 was heard this morning by the full House of Representatives for its Third and final reading. The bill was adopted by majority vote of 41-24 after discussion both in favor and in opposition to the bill.

The legislation will move on to the State Senate and will likely be scheduled for first reading in the coming week.

We still need your help to help ensure this legislation will move forward. Please take a few minutes to call, write or email to your State Senator. Ask for their support by voting in favor of the Mortuary Science Registration Licensure bill.

March 28, 2008

CFDA Legislative Update

House Bill 08-1123 was heard this morning by the full House of Representatives for its Second Reading. The bill was adopted by majority vote after discussion both in favor and in opposition to the bill. An amendment was also adopted that will require funeral establishments to disclose to consumers other funeral businesses under common control or ownership and therefore allow consumers to make an informed choice.

The Third Reading in the House is likely to occur on Monday, March 31. The recorded vote in House Third Reading is critical to the continued passage of the bill.

We need your action now to help ensure this legislation will move forward – your call will make a difference.

Please take a few minutes today or this weekend to call your State Representative. Ask for their support by voting in favor of HB 08-1123 in Third Reading.

February 5, 2008
Funeral Service Legislation Takes Step Forward

The Colorado House Business Affairs and Labor Committee voted this week to amend House Bill 1123 with changes proposed by CFDA and the bill was referred to the House Appropriations Committee after a 7-4 decision.

This bill seeks to restore minimum standards of practice for some 1,100 practitioners and an estimated 500 funeral establishments currently operating in Colorado. In summary, House Bill 1123:

• Institutes a registration system to track and monitor funeral establishments including funeral homes, embalming facilities, funeral arrangement businesses, and removal/transport services;
• Institutes a registration system to track and monitor crematories, separate from funeral establishments;
• Creates a section within the Mortuary Science code that more clearly defines standards of practice for cremation;
• Defines minimum training requirements for MSPs, Funeral Directors, Embalmers, Cremationists, and Interns, to ensure continued practice for nearly all level of funeral service practitioners;
• Institutes a licensing system for Mortuary Science Practitioners; and
• Institutes a registration system for Funeral Directors, Embalmers, Cremationists and Interns.

This legislation will promote consumer confidence by requiring registration and minimum standards of competence for funeral service practitioners, and offers an added level of protection through facility registration to ensure compliance with recognized industry practices, operational guidelines, and basic health and safety standards.

In opposition, the Colorado Department of Regulatory Agencies (DORA) is holding to its recommendation from the Sunrise Review that calls for one registered Funeral Director at each establishment to be held accountable for all activities within the facility. CFDA strongly disagrees with DORA’s recommendation because it unfairly burdens one individual to become personally responsible for the practices of all employees or contractors who serve the establishment, nor does it promote basic standards for funeral service practitioners.

Your action is needed to help pave the way for House Bill 1123’s continued passage through the Colorado General Assembly.

1. First, go to www.vote-smart.org and enter your zip code to confirm your legislative district and a list of elected officials for your area.

2. Then, contact your State Legislative Representative and Senator by phone or email. Be sure to ASK FOR THEIR VOTE IN SUPPORT OF HOUSE BILL 1123.

The legislative process moves fast – take a few minutes NOW to express your views to your elected officials. Next week might be too late, so please let your voice be heard.

     Download a copy of Colorado House Bill 08-1123 (PDF) as introduced

Updates on the status of this legislation will be posted here frequently through June 2008. Please check back for details about the continued passage of this legislation, when the bill might become law, and when new regulations may go into effect.

You can also track the bill's status online at http://www.leg.state.co.us

The CFDA supports registration for all funeral establishments to offer better consumer protection through compliance with recognized industry standards, operational guidelines, and health and safety standards.

January 17, 2008
CFDA January newsletter available online

     Download the January 2008 issue of CFDA News in PDF

January 3, 2008
CFDA Prepares for Next Legislative Session

The CFDA Legislative Task Force is preparing a new funeral service bill to be introduced in the Colorado General Assembly which convenes January 9.

Rep. Debbie Stafford has agreed to sponsor another funeral service bill and has met with CFDA representatives to discuss regulatory options.

Visit www.cofda.org to see ongoing updates regarding funeral service legislation.

Each year more funeral professionals are recognizing the benefits of voluntary professional certification and there are now more than 215 individuals who maintain CFSB certification. By maintaining strict standards, the CFSB enjoys reciprocity with many other states that are under a licensure system.