State Laws and Regulation

Regulation in a state without licensing for funeral directors

Some people say that funeral service in Colorado is an industry without regulation.  They say this because Colorado's Legislative Assembly abolished the old licensing system for funeral directors as being overly bureaucratic, expensive, ineffective and not especially relevant to current business practices. That was in 1982, and the legislature has repeatedly rejected attempts to restore a licensing system, most recently in 2006 when the bill was vetoed by then Colorado Governor Bill Owen. Although funeral directors are not licensed by the State of Colorado, it is not accurate to say funeral service in Colorado unregulated. This page contains a sampling of key laws, regulatory agencies and enforcement authorities involved with funeral service. Please note that it is by no means all inclusive, and also note that laws and regulations are subject to change.

New Regulations for Funeral Service Practitioners in 2008? The Colorado House of Representatives adopted the bill on second reading on March 28. Third Reading is likely to occur on March 31. 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. 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. 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 An update on the status of this legislation will be posted on the CFDA web site 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.   The information provided here is intended to assist, however it is not to be considered legal advice nor is it to be considered absolute. If you have legal issues, consult your attorney.

Existing Regulations for Funeral Service in Colorado

1 - The Mortuary Science Code (CRC 12-54-101 -- 109)  This legislation covers the actual practice of funeral service, definitions, basic practice standards and prohibited acts. This act is a near-verbatim expression of standards of practice, which had been developed by the members of the Colorado Funeral Directors Association over a two year period and adopted by both the CFDA and the Colorado Funeral Service Board. This act, known as the Mortuary Science Code, is enforced through county attorneys and the office of the Colorado attorney general,  as well as all appropriate state and federal agencies under which certain acts may apply. To read specific statutes, go to http://www.colorado.gov/colorado-government/ and click on "search for Colorado laws." Be sure to reference the statute numbers listed above.

2 - The Final Disposition of Human Remains (CRC 15-19-101 -- 108) This legislation covers the rights of the deceased and is often a vitally important part of funeral contracts. It is enforced through local county attorney. This act was supported and developed in part by the CFDA. To read specific statutes, go to http://www.colorado.gov/colorado-government/ and click on "search for Colorad

3 - The Filing and Maintenance of Vital Records (death certificates and related documents) These regulations define requirements for documentation needed for shipping, burial and registration of deaths. They are enforced through local county attorneys and the attorney general.

4 - The Location and Construction  of Crematories and Funeral Homes This issue is covered first by a complex series of local planning and zoning ordinances, as well as rules and regulations issued by the Colorado State Department of Health, the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Agency (OSHA), in addition to all laws that apply to the creation and development of business enterprises in Colorado.

5 - The Employment of and Management of Staff Covered first by all labor laws at the state and federal level. In addition, employee health and safety matters are regulated by the U.S.. Occupational Safety and Health Agency (OSHA).

6 - Pre-Need Funeral Contracts, Funeral Trusts, and other Pre-Need Matters (CRS Section 10, Article 15); The laws were defined by the State Legislative Assembly and are enforced through the Colorado State Insurance Commissioner and the Colorado State Banking Commissioner. Funeral directors must hold an insurance license in order to sell pre-Need contracts.

7 - Cemetery Laws - Covered under State Law (CRC 12-12-101 --115, CRC 7-47-101 -- 108, and (CRC 25-1-654 -- 657). These laws are enforced locally.

8 - Disclosure of products and price lists -- FTC Funeral Rule The Federal Trade Commission maintains supervision and enforcement over highly restrictive regulations regarding the listing of products and distribution of price lists. In addition to the above, funeral directors, funeral homes, crematories and cemeteries are subject to all laws that apply to all businesses, including laws relating to, but not limited to: equal employment opportunities equal treatment of customers compliance with all health standards compliance with all air quality standards all taxation laws In addition, funeral directors are businessmen and women. They know that failure to comply with regulations and consumer expectations is bad business. The economic market place itself is a harsh regulator.

The Colorado Funeral Service Board (CFSB) -- previously called the Mortuary Science Commission -- was created in 1982 by the funeral service industry to promote professionalism under a voluntary system of certification, registration and the development and maintenance of standards.  Individuals may apply for certification based on sufficient education, training and experience and must agree to maintain the standards and ethics of the CFSB. Participation in the professional certification program is strictly voluntary, however, a large number of funeral service practitioners are certified through the CFSB. Since the certification program is voluntary and is not mandated by the State of Colorado, the Colorado Funeral Service Board has no enforcement authority or legal control over violations.

Colorado Funeral Directors Association (CFDA)
P. O. Box 631664, Highlands Ranch, CO 80163-1664  Phone 303-791-2336, Fax 720-344-5297
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