Idaho State Board of Morticians
Minutes of July 15 and 16, 2003
ROLL CALL: Present - Laine Eckersell, Chair
ALSO PRESENT: Rayola Jacobsen, Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
The meeting was called to order at 10:05
a.m. by Acting Chair, Laine Eckersell. Guests
present: Monica Perry and John
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
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
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
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.
- Moved by Mr. English to accept stipulation and consent order with changes and
authorize Mr. Gordon to sign in the absence of the Chairman.
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.
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.
from the Idaho Funeral Service Association met with the Board to discuss the
MCA renewal - certified audit report even if no activity - late fees.
Recommended that Seller needs to be defined as the establishment and not
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