State Laws and Regulation -- Colorado Funeral Directors Association

Colorado Funeral Directors Association
Professionalism, Standards, Compassion & Service since 1898

Funeral establishments and crematories must register with the state by January 1, 2010.

DORA's Office of Funeral Establishment and Crematory Registration is now accepting applications for Funeral Establishments and Crematories. The application forms and instructions can be found online at the DORA web site: http://www.dora.state.co.us/funeralhome-crematory/licensure.htm

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 new state laws.

Here are some Frequently Asked Questions about the new regulations:

Our company has multiple funeral establishment (or crematory) locations. Can we register as one funeral establishment or do we have to register each individually?
Each funeral establishment and each crematory at each location shall register with the DORA Division of Registrations, regardless of whether they are part of a larger corporate or other type of organizational structure, pursuant to sections 12-54-110 (2)(a) and 12-54-303 (2)(a), C.R.S. If there are multiple funeral establishments at one location, only one application for funeral home registration is required. If there are multiple crematory businesses at one location, only one application for crematory registration is required. If there is a funeral establishment and crematory business at one location, an application for each is required even if they are within the same corporation.

Governor Bill Ritter signed into law
HB 09-1202 on June 4, 2009. The new laws
will be implemented January 1, 2010.

What about applications for mortuary science practitioner, funeral director, embalmer, or cremationist?
Mortuary science practitioners, funeral directors, embalmers, or cremationists are not required to register. HB09-1202 provides for registration of funeral homes and crematories, and title protection only for individual practitioners in the industry. Please refer to sections 12-54-111 and 12-54-304, C.R.S., for the qualifications for those who may call themselves a mortuary science practitioner, funeral director, embalmer, or cremationist.

Can we submit the application by fax?
No. DORA cannot accept photocopies of your application for registration. You will need to mail your application, fee, and supporting documentation to the Division of Registration office listed on the application materials.

Click here for more Frequently Asked Questions regarding the new regulations.

For 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

Colorado State Laws

The information provided on this site 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. You should also research Colorado Statutes and other agencies to obtain specifics on regulations referenced below.

Colorado laws can be referenced online through Michie's Legal Resources.

Go to http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=, Michie's Legal Resources.

In the left column, click on the file folder icon for Colorado Revised Statutes. Click again on Colorado Revised Statutes.

In the left column, click on Title 12, Professions and Occupations.

Scroll down the left column and Click on Article 54, Mortuaries.

From the Legal Resources home page, you can also use the "Search" box and type "12-54-101" or other statutory reference for quick search.

1 - The Mortuary Science Code - C.R.S. Title 12, Article 54
This legislation covers the actual practice of funeral service, cremation, definitions, basic practice standards and unlawful acts. These laws changed on July 1, 2009.

2 - The Disposition of Human Remains (CRC 15-19-101 through 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.michie.com/colorado. Be sure to reference the statute numbers listed above.

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.

To read specific statutes, go to http://www.michie.com/colorado. Be sure to reference the statute numbers listed above.

7 - Cemetery Laws - (CRC 12-12-101 through 115, CRC 7-47-101 through 108, and (CRC 25-1-654 through 657).
Cemetery laws are covered by state laws and enforced locally.

To read specific statutes, go to http://www.michie.com/colorado. Be sure to reference the statute numbers listed above.

8 - Disclosure of products and price lists
The Federal Trade Commission maintains supervision and enforcement over highly restrictive regulations regarding the listing of products and distribution of price lists (FTC Funeral Rule).

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 in 1982 as being overly bureaucratic, expensive, ineffective and not especially relevant to current business practices.

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.

In addition to the regulations (noted at right), 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.

Colorado Funeral Service Board

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.

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.