The Denver Post

Colorado should license funeral home workers, state regulators recommend

- By Sam Tabachnik stabachnik@denverpost.com

Colorado regulators recommende­d the state once again license funeral home workers in light of recent egregious abuses in the industry.

In a 51-page report sent to the state legislatur­e last week, the Colorado Department of Regulatory Agencies said, “It is clear that the public is harmed by the general lack of regulation of funeral service profession­als in Colorado.”

Colorado has long boasted the laxest mortuary regulation­s in the nation. The state is the only one in the country to license funeral home businesses, not those running them.

Under a recommenda­tion proposed by the Colorado Funeral Directors Associatio­n, new funeral home and crematory workers would need to graduate from an accredited mortuary sciences school, pass a national exam, serve a oneyear apprentice­ship and pass a background check.

The industry group requested current workers be grandfathe­red in, only mandating they submit an applicatio­n and fee to the state and pass a background check.

“People in other states don’t take Colorado seriously because we don’t have a license,” said Joe Walsh, president of the Colorado Funeral Directors Associatio­n, in an interview. “I don’t agree with that, but I can understand why people would say that.”

State regulators, in the report, asked stakeholde­rs to list examples of the harm done to the public by lack of regulation — and they had no shortage of cases.

These grievous accounts included multiple discoverie­s that made internatio­nal headlines in recent years. The owners of the Sunset Mesa Funeral Directors in Montrose, Shirley Koch and Megan Hess, were sentenced last year to 15 and 20 years in prison, respective­ly, for harvesting and selling body parts around the globe without the consent of grieving families.

In November, authoritie­s arrested the owners of a Fremont County funeral home after the grisly discovery of at least 189 decomposin­g bodies. Families told reporters that they received certificat­es of cremation from businesses that they later learned were false. Law enforcemen­t is now sorting through the rubble, working to determine decedent identities.

Without regulation, the state wrote in the report, these mortuary operators could reenter Colorado’s funeral industry upon their release from prison (the state does not currently conduct background checks for those operating or owning funeral homes).

The report listed a host of other harmful activities that could be prevented with additional oversight: improper record-keeping, decedents being physically mistreated, improper storage of bodies and dirty facilities.

“In short, these are allegation­s of a general lack of respect and dignity for the deceased and are not the types of things that family members would necessaril­y know about,” state regulators wrote.

The report is not a bill or law — it is merely a recommenda­tion from oversight officials for considerat­ion by lawmakers.

But the review has the backing of Walsh’s organizati­on and its members. And there’s interest from the legislatur­e to reform an industry that has long lagged behind other states.

In October, regulators recommende­d the state conduct routine inspection­s of funeral homes and crematorie­s. Until last year, if officials wanted to inspect a funeral home or crematory, the business had to grant permission. The state acknowledg­ed it does not conduct proactive, routine checks.

State Sen. Dylan Roberts, an Avon Democrat, told The Post in October that he’s working on a bill that would mandate these types of inspection­s, along with some type of licensure for funeral home workers. He admitted the state also needs to devote more resources to the regulation of the industry, which sports an annual budget of less than $75,000 and is staffed with less than one full-time employee.

“I do not see any pitfalls unless you are a bad actor,” Walsh said. “Then, yeah, you shouldn’t be in the industry.”

 ?? DAVID ZALUBOWSKI — ASSOCIATED PRESS FILE ?? A hearse and debris sit near the rear of the Return to Nature Funeral Home in Penrose on Oct. 6. A family filed a lawsuit Oct. 30 against the funeral home, where nearly 200 decaying bodies were found, alleging that the owners, a husband and wife, allowed the remains of their loved ones and to rot while they sent families fake ashes.
DAVID ZALUBOWSKI — ASSOCIATED PRESS FILE A hearse and debris sit near the rear of the Return to Nature Funeral Home in Penrose on Oct. 6. A family filed a lawsuit Oct. 30 against the funeral home, where nearly 200 decaying bodies were found, alleging that the owners, a husband and wife, allowed the remains of their loved ones and to rot while they sent families fake ashes.

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