Idaho State Board of Morticians
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Minutes of July 15 and 16, 2003

 

ROLL CALL:  Present -          Laine Eckersell, Chair

                                                Steve Gordon

                                                Bruce English

 

ALSO PRESENT:                   Rayola Jacobsen, Bureau Chief

         Budd Hetrick, Deputy Bureau Chief

                                                Roger Hales, Administrative Attorney

                                                Janice Wiedrick

 

The meeting was called to order at 10:05 a.m. by Acting Chair, Laine Eckersell.  Guests present:  Monica Perry and John Yraguen. 

Election of officers was held.  Mr. Gordon nominated Mr. Eckersell as Chair; Mr. Gordon nominated Mr. English as Vice-Chair; Mr. English nominated Mr. Gordon as Secretary. There being no objection, the nominees were determined to be elected. 

Moved by Mr. Gordon that minutes of January 21 and 22, 2003, June 10, 2003, June 25, 2003, and January 29, 2003 meeting be approved as submitted.  Seconded by Mr. English, carried. 

Ms. Jacobsen reported that renewals are complete.  The renewal period went smoothly on the front end and we are still working on refining the system.  Morticians do not seem to take the June 30th deadline date seriously. 

Discussion was held on law and/or rule changes on pre-need packages.  1. Place audit provision on pre-need sales; 2. Delete MCA provision; 3. Designate trust, bank and holder sign if check bounces; 4. Funeral establishment will have contract and the individual sellers keep their own records. Then bank/insurance reports. 

Communication though the Idaho Funeral Service Association is needed before changes are made. 

Paul Kerr met with the Board regarding questions and suggestions for Mortician Certificates of Authority.  He stated that laws and rules were difficult to understand.  The Board stated that the definition of “seller” is included in the law, and that the definition of “Prepaid prearrangement sale or prearrangement sales contract” should be rewritten to insure clarity. 

The Board reviewed several requests asking the Board to waive the reinstatement fee. 

The Board requested that a letter to all Morticians be sent explaining the reporting requirements for those holding a Certificate of Authority. 

Idaho Code for Morticians was reviewed and it was noted that the law requires a $250.00 fee in order to reinstate a cancelled license.  

Mr. Hetrick reported that the requirements in 54-1134 should probably be revised and clarified due to the apparent confusion among licensees.  As always, complaints concerning pre-need violations must be submitted and will be investigated by the Bureau. 

Moved by Mr. Gordon that Board go into executive session to discuss potential litigation and documents otherwise exempt from public disclosure.  Seconded by Mr. English, carried. 

Moved by Mr. Gordon to come out of executive session.  Seconded by Mr. English, carried. 

MOR-B3-02A-02-003 - Moved by Mr. English to accept stipulation and consent order with changes and authorize Mr. Gordon to sign in the absence of the Chairman. 

Discussion held on proposed rule changes dealing with merging the crematory rules with the mortician rules.  A draft will be submitted to the Board for review when it has been completed.  Mr. Hetrick and Mr. Hales will work on a draft dealing with MCA rules.    

Adjourn for lunch. 

Reconvene at 1:30 p.m. 

Mr. Hetrick presented the financial report.  The Board’s balance is $50,289.49.  Mr. Hetrick explained the report and how it is compiled. 

Mr. Hetrick presented the investigative report.  There are no new complaints this year.  There were 17 in 2003 with 15 remaining open and 10 in 2002 with 2 remaining open. 

The Board asked that the web page template background be disabled to allow easier access and readability of the pages.  

Moved by Mr. English that, regarding MCA licenses, the Board determined the audit report for MCA renewal not be required - as part of a complete renewal application; that the audit report is to be submitted no later than September 30, 2003; that renewal applications submitted prior to July 1st without the audit and meeting other requirements will be considered complete and the license not be cancelled.  Reinstatement penalty will be refunded for those who did not send the audit but submitted otherwise complete renewals.  Seconded by Mr. Gordon, carried. 

Moved by Mr. English that a letter be sent to all MCA licensees explaining what is needed and when, specifying the laws and rules that apply.  The letter should also explain what life insurance is and what pre-need is, and provide the web site address so that they can get the laws and rules.  Seconded by Mr. Gordon, carried. 

The Board directed the Bureau to draft new legislation for MCA to be linked with funeral establishments. 

Board business file was reviewed.  

Applications for examination were reviewed. 

Meeting adjourned at 4:30 p.m. 

Meeting reconvened July 16, 2003 at 9:30 a.m. with all members present. 

Rayola presented investigative files to the Board.  Moved by Mr. Gordon that Board go into executive session to discuss potential litigation.  Seconded by Mr. English, carried. 

Moved by Mr. Gordon that the Board come out of executive session.  Seconded by Mr. English, carried. 

Mr. English moved that a consent agreement be proposed for the following cases: MOR P1B 03 03-3, MOR P1B 03 03-4, MOR P1B 03 03-5, MOR B1 03 03-8 and MOR B1 0303-9, with said agreement to include a six-month suspension of licensure with the suspension stayed; that the order go into effect immediately and probation to follow for one-year; $1,000 per violation fine with the Bureau to have authority to negotiate the fine total; and the person to pay all costs and fees involved.  Mr. Gordon seconded and the motion carried. 

Tim Gibson met with the Board to discuss concerns about Funeral Directors licensure.  He advised that classes are not being provided by Mt. Hood, and expressed a belief that the Funeral Director license will not work and there is a need to change.  Mr. Gibson asked for direction on restructuring reporting forms. 

Crematory inspections and violations were discussed. A crematory that receives a “C” classification is re-inspected within 30 days. If compliance is not maintained, a formal complaint is issued and the disciplinary process is followed. Due process must be followed to close any licensed establishment. The Bureau Investigators have received training regarding inspections.  Cremation Association of North American (CANA) tapes are an available resource. 

Discussion was held on MCA fines. 

Ken Mallea, from the Idaho Funeral Service Association met with the Board to discuss the following topics:

1.      MCA renewal - certified audit report even if no activity - late fees.

2.      Recommended that Seller needs to be defined as the establishment and not the individual.

 

Break for lunch. 

Meeting reconvened at 1:40 p.m. by Secretary Steve Gordon.  Mr. Eckersell is absent and excused. 

Review of files. 

The next meeting of the Board will be January 20th and 21, 2004. 

Adjournment at 3:00 p.m.


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Last Modified - January 04, 2007