DENVER — There are two new inspectors working in Colorado, doing something that has never been done before: routinely visiting funeral homes and crematories throughout the state.
Already, those two inspectors have discovered bodies hidden inside a mortuary in Southern Colorado, and many believe it is a sign that increased regulation of the industry is a solution to scandals that have plagued Colorado for roughly the last decade.
"We regulate the things that people take for granted," said Sam Delp, the division director for the Division of Professions and Occupations within the Colorado Department of Regulatory Agencies (DORA). "I don't think it even occurred to most people in the public that the funeral industry in Colorado was largely unregulated, and that was part of the problem."
DORA is the primary regulatory agency in the state and oversees a wide range of different professions. Delp has worked within the Division of Professions and Occupations for roughly 14 years and has been the division director since 2023.
“I spend a lot more time talking about funeral homes and crematories than I ever thought I would, considering we regulate 60 professions. This one takes up a lot of time right now," Delp said. "DORA's role is to enforce the law, enforce the regulation that the legislature passes. That's our role... DORA is not responsible for the funeral home and crematory industry. The industry is responsible for the industry.”
The death care industry was first regulated in Colorado in 1913. By 1983, it was deregulated, and individuals no longer needed to obtain a license to operate a funeral home.
“I would say, from a consumer protection perspective, it's been struggling," Delp said about the industry. “There's a theory that I used while we were talking in the legislative hearings. It's called normalization of deviance, right? And while it sounds like a nefarious term, it's really not. Think about it in terms of the speed limit, right? Someone drives five miles an hour over the speed limit; nothing happens. It's no big deal. Then it's 10 miles an hour over the speed limit, and before you know it, driving 10 miles an hour over the speed limit becomes normal, right? Even though it's objectively dangerous and illegal, it becomes normal. That's sort of what's happened with the funeral industry over time. Little things through deregulation have become normal within the industry that are not in the interest of consumer protection.”
In 2018, Colorado was shocked by an investigation into Sunset Mesa Funeral Home directors on the Western Slope, which was shut down that year as the Federal Bureau of Investigation (FBI) investigated the funeral home, which doubled as a body broker. In that case, human remains were sold without permission while families received containers of ashes that were not their loved one's.
As a result, Senate Bill 18-234 became law, regulating non-transplant tissue banks in Colorado.
“Even good regulation isn't always going to stop people that are intent to commit crimes, right? And that was one of the situations in Sunset Mesa, and certainly in some of the other issues that we've had throughout the state as well," Delp said.
In 2020, the state legislature passed House Bill 20-1148, which made abuse of a corpse a Class 6 Felony.
Then, near the end of 2023, almost 200 bodies were found decaying inside of Return to Nature Funeral Home in Penrose.
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Abby Swoveland used Return to Nature Funeral Home when her mother, Sally, passed away earlier in 2023.
“There truly aren't any words to quantify the impact that it's had, because it's so traumatic to think that your loved one, your deceased loved one, was treated in such a manner that it's — it's nothing I would wish on anyone," Swoveland said. “No one else in the state of Colorado should ever have to go through this again, because I am a completely different person than I was before this happened... I can't unknow these things. And so with that in mind, something had to be done.”
Swoveland was part of a group of families impacted by the alleged actions of Return to Nature that fought to change the laws surrounding the industry.
“I was mortified that there was no regulation. I had naively assumed that, of course, an industry like the funeral industry, it would have to be regulated," Swoveland explained.
The legislative session that followed the discovery at Return to Nature Funeral Home resulted in new laws for Colorado. One of those was House Bill 24-1335, which included the requirement for routine inspections of funeral homes and crematories.
Delp explained that in the last few months, DORA hired two funeral home inspectors who handle the entire state. He said every funeral home must be inspected at least once a year now, but he said the inspections will likely happen more frequently than that at many funeral homes.
"The thing that's important for people to remember is we're not just going out and doing those yearly inspections. We also do pre-licensure inspections for any new funeral home or crematory that wants to operate in Colorado. We do closing inspections for any funeral home or crematory that closes to make sure that they've properly handled any human remains or any cremains that might be at the location. And we'll also do inspections based on complaints," Delp said. "The vast majority of the funeral homes and crematories in Colorado will have more than one inspection every single year, and that is something that is absolutely new and that we've never done before.”
Denver7 asked Delp if he believes more funeral home inspectors could be in the coming years, and he said it depends on what the future holds.
“Right now, obviously, the two funeral inspectors that we have cover the entire state, so they're very busy. And like I said, they're not just doing the inspections that are required every year. They're doing a lot more," said Delp. “Our inspections are not only showing results because we're finding things, but we're also helping this industry learn and get more in line with what the overall industry standard is. Because many of the people that have been practicing in the industry have never practiced in a regulated environment.”
Already, the two funeral home inspectors made a disturbing discovery at Davis Mortuary in Pueblo during their mandated annual inspection on Aug. 20. The mortuary is owned by brothers Brian and Chris Cotter. Brian Cotter was the Pueblo County coroner at the time, but has since resigned.
While inside Davis Mortuary, inspectors noticed a door hidden behind a cardboard display, which Brian Cotter asked them not to enter. The inspectors said they discovered at least 24 bodies in "various stages of decomposition" inside.
Brian Cotter allegedly told the inspectors that the bodies were awaiting cremation, admitting that some had been in that room for an estimated 15 years. The report claims that Brian Cotter told inspectors he "may have issued next-of-kin fake cremains."
Davis Mortuary was barred from any funeral establishment practices.
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Swoveland believes the investigation into Davis Mortuary is proof that the funeral home inspectors are invaluable.
“Each case brings tightening to this industry that can only benefit our people," said Swoveland.
Currently, Delp said there are just a few requirements needed to operate a funeral home, including being over 18 years of age and not having a criminal record. That will change at the start of 2027 as a result of Senate Bill 24-173, which establishes the licensure that the state has been missing for the industry.
“I am very glad that there's education and licensing requirements that are going to be in place. With that said, I'm concerned with the lapse in time we have passed," said Swoveland. “We know that there are people that are still pouring into our state to take part in the funeral industry while it's still sort of the Wild West.”
Denver7 took Swoveland's concern about the timing of the licensure requirements to Delp.
"I won't speak for the legislature, right? Because ultimately, the bill that passed was the was the legislative decision, but one of the most important things that we were trying to do was, it's to no one's benefit to take an industry where the vast majority of the people practicing in the industry are doing so competently and with integrity, and decimate that industry that doesn't serve the public," Delp said about SB24-173. “We had to create a mechanism for those people who otherwise wouldn't qualify for a license to prove that they were competent, right? So, before we were able to require them to have a license, we needed to give them an on-ramp to prove their competency. So, that's the reason for the gap between the time the bill was signed and the effective date of the requirement for licensure.”
Delp said the decades of deregulation will take some time to repair. He explained that any time DORA takes disciplinary action against a funeral home or crematory, via either complaints or inspections, that information will be public.
“No regulation can prevent, as I mentioned before, somebody who is intent on breaking the law or not complying with the regulation," said Delp. “There are a lot of things that the public can do to protect themselves to every extent possible, and we've published some resources that certainly will give people some information on how to do that.”
DORA provided Denver7 with a number of online resources meant to help consumers protect themselves before selecting a funeral home.
The state has published a consumer guide to death care in Colorado, a list of frequently asked questions, a licensing guide, and an inspection form.
In addition, there are videos detailing how to file a complaint and explaining the complaint process. There's more information about filing a complaint on the state website, as well.
In order to obtain a list of licensees and their associated disciplines, visit this link on the Division of Professions and Occupations' website. Then, click on the "plus sign" next to Board/Program and select a license code. Once a user clicks "continue" at the bottom of the screen, the pop-up menu can create an Excel spreadsheet, which allows the entries to be sorted by name, license number, status, disciplinary actions, and more.
An individual license can be searched at this link, by clicking "verify if your professional is licensed/registered" and then entering information about the license in question.
