State Laws and Regulation -- Colorado Funeral Directors Association

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

Colorado state laws will be changing on July 1, 2009. Governor Bill Ritter signed into law HB 09-1202 on June 4, 2009. The new laws will be implemented January 1, 2010. Click here for a PDF copy of this act. House Bill 09-1202 will require that all funeral establishments and crematories register their business(es) with the Colorado Department of Regulatory Agencies (DORA) and appoint a designee as the establishment’s contact person. This designee will retain records of business practices and employees to demonstrate compliance with provisions of the establishment’s registration. Establishments and crematories must adhere to standards of practice including maintaining sanitary facilities and operating equipment in a safe manner; employing universal biological hazard precautions; taking reasonable care to minimize the risk of transmitting communicable diseases; and using appropriate motor vehicles for transport. Crematories will also need to follow standards for verification and identification throughout the cremation process. Title Protection will limit use of the titles “Mortuary Science Practitioner”, “Funeral Director”, “Embalmer” and “Cremationist” unless the individual has met qualifications of education and/or practical experience. The establishment’s designee will be responsible for maintaining employee records to demonstrate compliance with Title Protection requirements. The new laws DO NOT include licensing or registration for individual funeral service practitioners. The act will take affect July 1, 2009, and be implemented on January 1, 2010. 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.	Click here to read current Guidelines for Operating a Funeral Establishment in Colorado 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. 1 - The Mortuary Science Code (CRC 12-54-101 through 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. These laws will change on July 1, 2009. To read specific statutes, go to http://www.michie.com/colorado. Be sure to reference the statute numbers listed above. 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 - Covered under State Law (CRC 12-12-101 through 115, CRC 7-47-101 through 108, and (CRC 25-1-654 through 657). These laws are 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).

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Colorado Funeral Directors Association, P. O. Box 631664, Highlands Ranch, CO 80163-1664 Phone 303-791-2336 Fax 303-395-2609 Email to CFDA 2006-2009, All rights reserved. Colorado Funeral Directors Association.