Bill Summary for Bill Number HB06-1348

Date: 03/06/2006

Final
BILL SUMMARY for HB06-1348

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
delete Moved to refer House Bill 06-1348 to the Committee	TIE PASS

03:39 PM -- House Bill 06-1348

Representative Stafford, prime sponsor, presented House Bill 1348. She explained that Colorado deregulated mortuary science professions in 1982 and that the bill would establish a new program to regulate the mortuary science profession within the Department of Public Health and Environment. The bill also establishes a sunset and review date of July 1, 2016. Representative Stafford distributed an article from the Rocky Mountain News entitled, "Ex-funeral director cites abuses" (Attachment E).

03:48 PM -- Martha Thayer, representing herself, testified in support of the bill. She talked about current funeral homes that are in violation of the requirement that all funeral homes who claim to be licensed and/or certified must display who they are licensed and/or certified by. Ms. Thayer explained that there is nowhere to report these violations nor any enforcement behind them. She also proposed a change in the bill to update the mortuary science exam provision to meet national standards.

03:51 PM -- Bruce Harrelson, representing the Department of Regulatory Agencies, testified in opposition of the bill. He explained that there would be a reduction in supply and an increase in costs if the bill passed. Mr. Harrelson talked about a sunrise review that was conducted in 2002 that did not recommend the profession be licensed. The report is available at: http://www.dora.state.co.us/opr/archive/2002FuneralServicePractitionersSunrise.pdf. Mr. Harrelson discussed the current procedure regarding enforcement for complaints. He stated that the Department of Health administratively responds to complaints and can currently give a cease and desist order. Also, under the mortuary science code, complaints can be given to the Attorney General's Office. Representative Stafford stated that currently there is no appropriate place for complaints to be handled. There was committee discussion about the sunrise review process and whether the regulation of mortuary science professions should have a sunrise review prior to being proposed.

04:08 PM -- Randy Goddard, representing himself, testified in support of the bill. He gave his personal account about when his mother was cremated and he was given the wrong remains. He stated there was no identifying disk that is regularly used, rather he was given buttons from jeans and a watch that his mother never had. Mr. Goddard stated that he would like to see this law pass so that this does not happen to anyone else.

04:13 PM -- Darin Barry, representing himself, testified in support of the bill. He explained how he became an embalmer with no prior experience or education. He talked about his experiences with various funeral directors he worked with and the violations he witnessed. He stated he reported numerous health violations to the Occupational Safety and Health Administration but it took them a long time to respond and in the meantime, the employees are in danger and being exposed. There was committee discussion about strengthening the current laws with enforcement rather than licensing and regulating an entire industry. Representative Stafford explained the fact that there are no teeth in the current system and that no agency enforces the current laws that are on the books.

04:34 PM -- Stephen Vessey, a funeral director from Fort Collins, testified in support of the bill. He stated the profession should be licensed as it is in other states. He responded to questions pertaining to his association and what authority it has under current law. He stated that in Colorado a high school graduate can become a funeral director and that there is nothing the association can do. There was a question from the committee about whether lawsuits have been filed against funeral homes.

04:39 PM -- Chuck Bowman, representing the Colorado Funeral Director's Association, testified in support of the bill. He stated that he is unaware of any way the laws can be enforced as currently written. He spoke of the benefits of regulating funeral industry and the lack of inspection for the facilities. There was committee discussion about the State Board of Mortuary Science and whether it had any authority when it existed. Mr. Bowman stated that they did and that the previous witnesses would have had recourse. Representative Stafford was asked her feelings on about resurrecting the State Board of Mortuary Science.

04:45 PM -- Elvin Caldwell, Jr., representing himself and Caldwell-Kiric Mortuary, testified in support of the bill. He responded to previous testimony and questions. He stated that mortuary science professions should at least have a minimal standard to be registered. He responded to committee questions pertaining to why the bill asks for licensure rather than registration. There was more discussion about bringing back the State Board of Mortuary Science.

04:54 PM -- Representative Stafford discussed a conceptual amendment that would address Ms. Thayer's previous concerns about the mortuary science exam. After some committee discussion Representative Stafford withdrew the amendment in order to work on the proper language and bring it on second reading. Representative Stafford gave some closing remarks on the bill and stated that Colorado is the only state that does not have regulation in this area.


BILL:	HB06-1348
TIME:	05:00:33 PM
MOVED:	Paccione
MOTION:	Moved to refer House Bill 06-1348 to the Committee of the Whole. The motion passed 9-4.
SECONDED:	McCluskey
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	No
	Knoedler	No
	Liston	Yes
	McCluskey	Yes
	Paccione	Yes
	Penry	Yes
	Welker	No
	Cerbo	Yes
	Marshall	Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS