Colorado holds hearing on proposed permanent rules for funeral and mortuary services

The Office of Funeral and Mortuary Science Services held a public rulemaking hearing on Nov. 7, 2024, to consider permanent rules implementing recent legislation and to solicit stakeholder input, officials said.

Nate Brown, regulatory analyst with the Division of Professions and Occupations, opened the virtual hearing and listed the proposed rule sections under review, including licensure categories, renewal and continuing professional development, workplace learning requirements, standards for preparation rooms and refrigeration, rules on cryonic preservation, and provisions for inspections and declaratory orders. The rules were filed with the Colorado Secretary of State and published in the Colorado Register as part of the administrative process, Brown said.

Why it matters: The rules would establish how funeral directors, mortuary science practitioners and embalmers are licensed and inspected in Colorado, set workplace learning and provisional‑licensure requirements, and determine fee levels that will fund a new inspection program.

Division director Sam Delp described the packet as "the initial set of rules" to implement the program and said the division expects to post applications in the spring. Delp and other staff emphasized that the rules may be revisited later to refine provisions that do not operate as intended.

Key points raised by stakeholders and staff responses

- Refrigeration standards: Stakeholder Aaron Kucharik noted prior discussion of changing refrigeration limits to a 36–39°F range. Staff acknowledged the displayed draft did not show the intended change and said the maximum refrigeration temperature had been set as 39°F in the most recent updates and that the team would ensure the posted version is the current text.

- Licensure across state lines: In response to a written question from Stephanie Blackstock, Sarah Warner, deputy division director, said Colorado does not provide automatic reciprocity for out‑of‑state practitioners; individuals must hold a Colorado license, though licensure by endorsement allows applicants to submit out‑of‑state credentials under an expedited review rather than completing original licensure steps.

- Peer review and provisional licensure: Warner outlined the peer review process for provisional licensees seeking full licensure, saying requirements vary by license type (for example, a provisional funeral director applicant must document completion of a specified number of funerals). A certified peer reviewer approved by the director must verify readiness through documentation; the rule text allows peer review to be completed without in‑person observation. Delp added that peer reviewers are responsible for accurate documentation and that fraudulent documentation could prompt an investigation and possible disciplinary action.

- Deadlines and timelines: Staff clarified timing: applicants must obtain required experience (the transcript references 4,000 hours) before Jan. 1, 2026; provisional licensure must be in place by Jan. 1, 2027; the provisional pathway is scheduled to end after 2031. Staff cautioned attendees that some dates were corrected during the hearing and encouraged stakeholders to consult posted rule text and guidance for exact deadlines.

- Fees and inspections: A stakeholder questioned an example renewal fee cited in the chat; Delp explained that licensing fees are set to cover the cost of providing the program, and that new statutory inspection requirements mean the division must hire additional inspectors. "Because of this, the division needed to hire additional inspectors," Delp said, noting fiscal details are available in the fiscal note for the cited House bill on the General Assembly website. Staff said two full‑time inspector positions for funeral home and crematory inspections are posted on the State of Colorado jobs site.

Procedural next steps and timeline

Nate Brown said the director will consider public comments and may make further edits before filing final rules. The adopted rule will be forwarded to the attorney general for legal review, filed with the Colorado Secretary of State and the Office of Legislative Legal Services by Nov. 30, 2024, published in the Colorado Register on Dec. 10, 2024, and is expected to become effective Dec. 30, 2024.

The hearing record includes stakeholder questions about document versions, browser caching of posted drafts, and the availability of the fiscal note; staff repeatedly advised stakeholders to download copies of the posted rule text and consult the fiscal note on the General Assembly website for fee breakdowns.

The hearing concluded with the director scheduled to deliberate on permanent adoption after review of the record and applicable statutory criteria.