Regulation

Colorado Adopts Emergency Deathcare Rules, Creates Single "Funeral Establishment" Registration

Emergency rules implementing HB26-1258 were adopted August 31, 2026, the same day every Colorado funeral home and crematory registration converted to a single "Funeral Establishment" type.

Heidi MacomberSeptember 6, 20265 min read read

Colorado's Office of Funeral and Mortuary Science Services adopted the first phase of rules implementing HB26-1258 "on an emergency basis on August 31, 2026." The hearing, held at 3:30 p.m. MDT, covered rules including "Rule 1.26 – RULES RESPECTING SATELLITE OFFICES." A DORA spokesperson told KKTV (Sept. 1, 2026) the rules become effective once filed with the Colorado Secretary of State, expected Tuesday morning.

The registration conversion happened the same day. Funeral home and crematory registrations, prefixes FH and CM, were combined into a single "Funeral Establishment" registration, prefix FES. "Funeral Home and Crematory Applications are no longer available," the DPO states. "Funeral Establishment Applications will be available starting September 1, 2026." The new registrations carry a short first cycle: DPO has set November 30, 2026 as the expiration date for every FES registration, converted ones included. That single date puts every funeral establishment in the state up for renewal at once, ahead of the 2027 individual-licensure requirement.

KEY DATES

  • June 4, 2026: HB26-1258 signed
  • August 12, 2026: law takes effect as session law Chapter 383
  • August 31, 2026: FH and CM registrations convert to the single FES type; first half of implementing rules adopted on an emergency basis
  • September 1, 2026: Funeral Establishment applications open
  • November 30, 2026: all FES registrations expire; first renewal deadline under the new type
  • January 1, 2027: abuse of a corpse rises to a class 5 felony for offenses committed on or after that date
  • 2027: individual licensure required for funeral directors and other practitioners
  • September 1, 2031: sunset review, registration program and individual licenses together

WHAT THE LAW CHANGED

HB26-1258 was signed June 4, 2026; Connecting Directors (Sept. 3, 2026) names Gov. Jared Polis as the signing governor. The session law, Chapter 383, took effect August 12, 2026.

Chapter 383 raises abuse of a corpse from a class 6 felony to a class 5 felony for offenses committed on or after January 1, 2027. The law creates an associate license pathway and bars a newly defined "broker" category from funeral-establishment registration. Establishments must have a physical location that is "SUBJECT TO INSPECTION." The holding period for remains extends from thirty to sixty days. The bill also pushes the registration program's sunset review from September 1, 2029 to September 1, 2031, matching the sunset already set for the individual licenses. A sunset date is not the end of funeral regulation; it is the deadline for the legislature to re-authorize the program or let it lapse. Colorado's 1983 sunset review ended the state's funeral-director licensing, and no individual license existed again until 2024.

THE SCANDAL BEHIND THE BILL

The law traces to Return to Nature Funeral Home, operated by Jon and Carie Hallford in Penrose and Colorado Springs. A Justice Department press release dated March 16, 2026 states the couple failed to cremate or bury at least 190 bodies over four years, while collecting more than $130,000 from families for services never provided. Officials searching the Penrose site on October 5, 2023 found decomposing remains. The EPA condemned and demolished the building as a toxic waste site. Jon Hallford was sentenced in June 2025 to 240 months in federal prison. Carie Hallford received 216 months in March 2026 from Judge Nina Y. Wang. Each was ordered to pay $1,070,413.74 in restitution. The release also documents $882,300 in COVID-EIDL fraud.

DORA's October 5, 2023 actions targeted the facilities: a cease-and-desist order against the Penrose facility, unregistered since November 30, 2022, and a summary suspension of the Colorado Springs facility's registration (DORA press release, Oct. 6, 2023). The state registered businesses at the time. It licensed no individual practitioners.

Two 2024 laws rebuilt that framework. HB24-1335 (Ch. 242, effective May 24, 2024) requires routine inspections of funeral homes and crematories. It also limits custody of remains to refrigeration capacity and requires professional liability insurance of at least $1,000,000. SB24-173 (Ch. 240, effective May 24, 2024) creates individual licenses for funeral directors, mortuary science practitioners, embalmers, cremationists, and natural reductionists. Qualifications include a fingerprint background check, graduation from an accredited mortuary science school, national board examination sections, and one year of workplace learning. The DPO's timeline lists 2027 as the year licensure becomes required.

WHAT IS STILL UNFINISHED

The emergency package covers only part of the bill. "This hearing concerns the first half of rules to implement HB26-1258," the DPO notice states. "The second half of rules will be considered at a later date." A stakeholder meeting on Rules 1.2–1.27 plus a new Rule 1.28 on subcontractors is set for September 9, 2026, at 10:00 a.m. MDT. The DPO is accepting comments on both the emergency rules and those not yet reviewed.

WHAT OPERATORS FACE NOW

Connecting Directors (Sept. 3, 2026) calls HB26-1258 the "cleanup" bill and reports it is "expected to take full effect on January 1, 2027." The primary documents support narrower dates: the felony increase applies to offenses on or after January 1, 2027, and individual licensure is required in 2027. The nearer deadline is the FES expiration, November 30, 2026, before either 2027 milestone.

House sponsor Rep. Matt Soper told KKTV the emergency timing was practical: "It's an emergency because we're short on time." Tanya Wilson, whose mother Yong Anderson was among the Return to Nature dead, submitted written comments to DORA supporting satellite-office oversight: "We trusted an industry that we didn't know that we couldn't trust." Jimmy Brown of Brown Funeral Homes told KKTV he was "encouraged by what we see," and worried satellite-office limits could bar visitations and cremated-remains release at affiliate sites.

Crystina Page, whose son was supposed to be cremated by Return to Nature in 2019, told 9News: "We keep getting very close to what we want and what we need as consumers, or as victims who were consumers, and then it feels like it takes a giant step back by either being watered down or finding loopholes." The DPO has set no date for adopting the second half. Will the remaining rules arrive before the new FES registrations expire on November 30?

*Sources: DPO Mortuary Science page and DPO News (dpo.colorado.gov/MortuaryScience, accessed Sept. 6, 2026); HB26-1258 bill page and session law Chapter 383 (leg.colorado.gov); HB24-1335 and SB24-173 bill pages (leg.colorado.gov); U.S. DOJ press release, March 16, 2026; DORA press release, Oct. 6, 2023; KKTV, Sept. 1, 2026; Connecting Directors, Sept. 3, 2026.

ColoradoHB26-1258Funeral Establishment registrationemergency rulesDORAReturn to Nature Funeral Homefuneral regulation
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