| Funeral Bill 2008  Jan. 14, 2008 By Jerry Kopel 
 Imagine a diamond-shaped traffic sign. Only it's blank.
 
 At the top point is Gov . Bill Ritter, who will make the final decision. 
		At the bottom point is the Colorado Funeral Directors Association, whose 
		Sunrise application seeks licensing of funeral directors, embalmers, 
		cremationists, and mortuary science practitioners. Interns would be 
		certified.
 
 The applicant would also like to have licensing "for any business that 
		provides goods or services for the public" and all "funeral 
		establishments."
 
 What is not mentioned is that if they were successful, Colorado would 
		have more licensing in this area of occupation than any other state or 
		territory.
 
 Standing at the left point on the sign is Rep. Debbie Stafford (D), 
		heroine of the morticians, whose most recent regulatory bill on funerals 
		in 2007 would have only licensed mortuary science practitioners, who 
		happen to be persons skilled in all the other occupations: funeral 
		directors, embalmers, and cremationists.
 
 At the right point on the sign is Rico Munn, Ritter's appointee and 
		director of the Dept. of Regulatory Agencies (DORA) whose research 
		report on the Funeral Directors application, gave in for registration of 
		one person at each funeral home, after DORA's quarter century decisions 
		of no licensing or certification or registration.
 
 DORA states "it is clear that consumers are not utilizing the existing 
		laws to seek redress from funeral service practitioners who have 
		violated the law". Colorado's mortuary science code, CRS 12-54-101, et 
		seq., is one of the most strict consumer protection codes in the United 
		States.
 
 In addition, there are other protections provided by the Federal Trade 
		Commission, the Occupational Safety and Health Administration, the 
		Environmental Protection Agency, and the Americans With Disabilities 
		Act.
 
 DORA continues: "It is unclear whether the consumers failed to realize 
		that existing laws are available to serve as protection to the public, 
		or the alleged violations are too emotionally painful to pursue via the 
		court system."
 
 DORA recommends that its Division of Registrations "be directed to 
		implement a registration requirement for a designated funeral director 
		at each establishment.
 
 The person "would be ultimately responsible for the establishment and 
		its employees adhering to the existing funeral service laws. If a 
		complaint of a violation of existing statutes is received, the division 
		should have the authority to investigate the alleged violation and, if 
		necessary, initiate formal disciplinary action, including ... fines, 
		against the registered Funeral Director."
 
 In addition, DORA wants funeral homes to provide how to go about 
		contacting the Division to present a formal complaint.
 
 Based on an extrapolation of data in the report, it appears Colorado 
		presently has about 1,150 persons involved in funeral services, who 
		would be licensed under the proposed law. According to the presenters of 
		the Sunrise application, on page 7 "practitioners who have had 
		difficulties in other states have relocated in Colorado", and "thereby 
		rendering consumers susceptible to harm by unregulated funeral service 
		practitioners".
 
 In the past quarter century, proponents of licensing have consistently 
		hammered us with this allegation, which is a typical smear approach. 
		Disciplinary actions are generally public records in most states. Who 
		are these law breakers and why hasn't the Sunrise application sponsors 
		identified them?
 
 The Sunrise law differs from the Sunset law. Under Sunset, DORA presents 
		the recommendations to a standing committee which adopts all or some of 
		the suggestions to make up a bill, and the committee chairman appoints 
		the chief sponsor.
 
 Under Sunrise, the applicant chooses a legislator to carry the measure, 
		and the sponsor determines what language to put in the bill, or leaves 
		that up to the applicant. It really doesn't matter how the language 
		starts out. What matters is the language presented at the end to the 
		governor. Will the governor stick with the modest recommendations of his 
		DORA director?
 
 Why the consistent push for licensing? I think the real reason is "ego." 
		Imagine yourself from Colorado at a national gathering of funeral 
		people, most of them licensed professionals. You tell them you are from 
		Colorado, and they "sniff" and say "good luck" and walk away.
 
 We don't license in Colorado to sooth egos. As DORA points out "the 
		evidence presented in this Sunrise review did not identify issues of 
		incompetent professionals working in the funeral service industry. 
		Instead the evidence, specifically the examples of harm provided, 
		exposed several instances where funeral service practitioners violated 
		existing laws."
 
 How may times have you heard: "If it isn't broke, don't fix it" to which 
		I would add, "if its a scratch on the car door, add a little paint."
 
 (Jerry Kopel served 22 years in the Colorado House.)
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