Bills to regulate Colorado funeral home industry face several changes, victim’s families upset

DENVER, Colo. (KRDO) - Two pieces of legislation were introduced earlier this year which were aimed at regulating the funeral home industry in Colorado, are against the clock in the state capitol, with just six days remaining in the legislative session.

The two bills, officially introduced in March of 2024, were both passed by the House this month, and have been approved to go to the Senate. However, one of those bills, "Regulate Mortuary Science Occupations.", which would up the educational requirements and mandate a license to operate a funeral home, has been amended numerous times in the last several weeks.

RELATED: KRDO 13 INVESTIGATES - Return to Nature Funeral Home Investigation

The two bills came following a tragedy involving a funeral home in Fremont County, and several other instances of legal action being taken against funeral home owners in Colorado.

In a nutshell, one bill, aims to increase the oversight and enforcement of the Department of Regulatory Agencies, or DORA, who is in charge of the funeral home industry in Colorado. While the aforementioned "Regulate Mortuary Science Occupations" bill sought to increase the educational requirements for those in the industry.

Recent amendments to the latter bill however, altered or removed altogether those key pillars that were a part of the original draft, which left families of victims thrilled.

Sheilfa Canfield-Jones' daughter was amongst the 190 bodies that were found decomposing in the Return to Nature funeral home facility in Penrose, in October of 2023. She's been at the forefront of pushing for, and tracking these bills ever since.

However, following these amendments, she says she was disheartened. She says they were implemented thanks to efforts of stakeholders and lobbyists, which now reduced the mandate for an educational degree, which would have required current funeral home directors, embalmers and cremators to acquire a degree if they didn't have one already.

It would also make a license a must-have for funeral directors in Colorado.

"They wanted to make sure that, you know, the 70-year-old man that has a funeral home in the middle of nowhere in Colorado, is still going to be able to have his funeral home, you know. And I understand that." explained Canfield-Jones, who keeps in touch consistently with the lawmakers who sponsored these bills.

The amendments also expanded on what is allowed by someone with a provisional license. A provisional can be obtained by proving to the state that you have worked 6,500 hours at their position, have had a prior apprenticeship, and can pass a criminal background check.

It's much simpler compared to a regular license, which requires that an applicant has graduated from an educational institution for their profession, passed a national industry exam, fulfilled a one-year apprenticeship, and passed a criminal background check.

Canfield-Jones believes due to one of the amendments allowing a provisionally licensed employee to be a peer supervisor to other employees, will just lead to similar hiccups and bad actors getting away with malpractice.

"There are people who probably will be able to get provisional licenses that shouldn't get provisional licenses, and their job is going to show." said Canfield-Jones.

Families, like Canfield-Jones, who were victimized by Return to Nature say they did their best to fight those amendments, but they concede that they'll have to take whatever will make it into law, with the hopes of pushing again in the next legislative session.

"Colorado is just beginning a process, that's going to be hard, you know. I don't think this is going to solve all the problems, but it's a beginning, and it's a beginning of accountability." explained Canfield-Jones.

The two bills will head to the rules committee soon, as the legislative session ends in just six days.

Canfield-Jones says that she and other families with victims in funeral home tragedies will be able to give crucial input during those Rules Committee sessions, which are meant to essentially write in the specifics for the broader language that's used in a given bill.

She says, for example, they will be able to give input on how frequent DORA will make inspections at funeral homes, and how well trained those inspectors will need to be, among other details in those laws.

Canfield-Jones says she has been told by legislators that Governor Jared Polis will sign off those bills into law if they get to his desk.