IDAHO STATE BOARD OF MORTICIANS

Regular meeting

 

January 16-17, 2007

Bureau of Occupational Licenses

1109 Main Street  Suite 220

Boise Idaho 83702

 

 

ROLL CALL:                          Laine Eckersell, Chairman

                                                David Hutton

                                                John Buck

 

ALSO PRESENT:                   Tana Cory, Bureau Chief

                                                Budd Hetrick, Deputy Bureau Chief

                                                Roger Hales, Administrative Attorney

                                                Emily McMaster, Prosecuting Attorney

 

GUESTS:                                 Mary Lou Brownson, Funeral Consumers Alliance of Idaho

                                                Tom von Alten, Funeral Consumers Alliance of Idaho

                                                David and Marcia Robles

 

Chairman Eckersell called the meeting to order at 9a.m.

 

Mr. Hutton moved to approve the minutes of July 18-19, 2006 as read.  Mr. Buck seconded the motion, and it carried.

 

Ms. Cory introduced herself to the Board and Guests.

 

Mr. Hetrick presented the financial report showing a positive balance of $71,421.02.

 

Mr. Hetrick presented the investigative report showing:

            For fiscal year 2007: to date six complaints have been received and all are under investigation.

            For fiscal year 2006: Nine complaints were received and four were closed by Board determination; three were referred for legal review; and three remain under investigation.

            For fiscal year 2005: Eight complaints were received and four were closed by Board determination; three were referred for legal review and one awaits Board determination.

            For fiscal year 2004: Eight complaints were received with six being closed due to Board determination: one referred for legal review; and one remains under investigation.

 

For Board Determination:  MOR-L1-4-2005-7

 

Mr. Buck moved to close the case due to lack of jurisdiction.  Mr. Hutton seconded the motion, and it carried.

Ms. Mac Master presented the Board with case number MOR-200604.

 

Mr. Hutton moved to close the case with a warning letter to the respondent about advertising practices and correcting the Funeral Establishments business name with the Board and the Secretary of State’s Office.

 

Mr. Hales presented the Board with a request that the Board be present at the hearing for Perry Hawker, to conduct the hearing, and make the determination.  Discussion followed the request.

 

Mr. Hutton moved to have a hearing officer conduct the hearing and the Board will review all information, have oral arguments at the July meeting, then make the decision.

Mr. Buck seconded the motion, and it carried.

 

Rule 450.01 be changed from a display room for caskets to a selection room for caskets and merchandise.  This will include video, catalogs and any other electronic capability that may be available for both Funeral Establishments and Satellite establishments.

 

Discussion with the Guests on the proposed legislation brought up several areas of concern:

1.  Lack of transparency of Law/Rule making.

2.  Audit of pre-need be done by third party.

3.  Bonding be done to insure pre-need monies.

4.  100% trusting of pre-need accounts.

5.  MCA switched to facilities instead of individuals.

6.  Consumer representation on the Board.

 

The Board is to invite the Funeral Consumers Alliance of Idaho, Representative Black, Senator Andreason, The Funeral Service Association, Dave and Marcia Robles, and any other interested parties to the July meeting for input on the proposed legislation.

 

The date of the July meeting is to be set later.

 

Mr. Hutton moved to go into executive session to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code.  Mr. Buck seconded the motion, and it carried.

 

Mr. Buck moved to come out of executive session.  Mr. Hutton seconded the motion, and it carried.

 

The meeting adjourned at 3:45 and will reconvene tomorrow morning.

 

January 17, 2007

 

Chairman Eckersell called the meeting to order at 9:30a.m.  Roll Call:  Chairman Eckersell, John Buck and David Hutton in attendance.  From the Bureau of Occupational Licenses: Roger Hales, Administrative Attorney, and Janice Wiedrick, Technical Records Specialist.

 

Mr. Buck moved to have all Board members and Tana Cory attend the International Conference of Funeral Service Examiners convention in Nashville TN on April 21-22, 2007 with the Board paying allowable expenses.  Mr. Hutton seconded the motion, and it carried.

 

Discussion followed on the request from Amielya Bailey-Landon for an extension of the temporary permit to be able to continue her school apprenticeship.

 

Mr. Hutton moved to send a letter to Mrs. Bailey-Landon stating the Board is unable to extend the temporary permit past the time allowed by law.  She can observe under direct supervision but cannot sell funeral goods and services. Mr. Buck seconded the motion, and it carried.

 

Mr. Hutton moved for adjournment at 11:40a.m.  Mr. Buck seconded the motion, and it carried.