IDAHO STATE BOARD OF MORTICIANS

JULY 17-18, 2007

Regular Meeting

 

 

ROLL CALL:                          John Buck

                                                F. Duayne Sims

                                                David Hutton

 

BUREAU STAFF:                   Tana Cory, Bureau Chief

                                                Emily MacMaster, Deputy Attorney General

                                                Roger Hales, Administrative Attorney

                                                Janice Wiedrick, Technical Records Specialist I

 

ALSO PRESENT:                   Tom von Alten, Funeral Consumers Alliance of Idaho

                                                Susan Randall, IDAHOME FUNERALS

                                                Ken Mallea, Idaho Funeral Service Association

                                                Dave Robles, Bannock Pride

Maria Robles, Shoshone Bannock Tribes, Native American People

 

F. Duayne Sims was welcomed to the Board.

 

ELECTION OF CHAIRMAN

 

Mr. Hutton moved to elect John Buck as Chairman.  Mr. Sims seconded, and the motion carried.

 

Chairman Buck called the meeting to order at 9:05a.m.

 

MINUTES APPROVED

 

Mr. Hutton moved to approve the minutes of January 16-17, 2007 as presented.  Mr. Sims seconded, and the motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported the Bureau has two new investigative personnel and one new position as support staff has been filled and one new position in the investigative staff to be filled. 

 

FINANCIAL REPORT

 

Ms. Cory reported the financial status of a positive balance of $73,074.22.

 

DISCUSSION OF PROPOSED LAW AND RULE CHANGES

 

Discussion of the proposed law and rule changes that did not pass two years ago was held.  Comments from guests were taken under advisement by the Board.  The Board will meet with The Idaho Funeral Service Association to discuss any possible rule or law changes prior to submission. 

 

Some topics of discussion include:

1.  Mortician Certificate of Authority being transferred to the establishment instead of the individual Morticians.

            2.  Reporting of the pre-need sales annually.

            3.  Branch offices having the same requirements as a full service establishment.

            4.  Why the law states a 5% reduction of ashes during cremation.

            5.   Embalming vs. refrigeration.

            6.   Consumer representation on the Board.

            7.   Role of the Board and role of the Idaho Funeral Service Association.          

 

INVESTIGATIVE REPORT

 

Ms. MacMaster presented the Board with disciplinary actions:

 

MOR-2007-1   Mr. Hutton moved to have council take the matter to Ada County prosecutor’s office for review and send a letter to the respondent.  Mr. Sims seconded, and the motion carried.

 

MOR-2007-2  The Board recommends council negotiate a consent order, to check the time frame and the fine no less than $500.

 

MOR-2008-1  Mr. Sims moved to accept the recommendation of  a fine of $250 and $100 costs and fees for each licensee.  Mr. Hutton seconded, and the motion carried.

 

MOR-2008-2  Mr. Sims moved to accept the recommendation by closing the case by sending a warning letter.  Mr. Hutton seconded, and the motion carried.

 

Ms. Cory presented the investigative report showing:

 

FY2008: To date, no complaints have been received.

 

FY2007:  Fourteen (14) complaints were received. Of those, four (4) have been referred for legal review;  nine (9) are under investigation; and one (1) awaits Board determination.

 

FY2006:  Nine (9) complaints were received.  Of those: five (5) were closed subsequent to Board determination; one (1) was referred for legal review; and three (3) remain under investigation.

 

FY2005:  Eight (8) complaints were received.  Of those: five (5) were closed subsequent to Board determination; and three (3) were referred for legal review.

 

FY2004:  Eight (8) complaints were received.  Of those: six (6) were closed subsequent to Board determination; one (1) was referred for legal review; and one (1) remains under investigation.

 

For Board determination:

 

MOR-P5A-2-2007-10   Mr. Hutton moved to accept the recommendation.  Mr. Sims seconded, and the motion carried.

 

REPORT ON THE INTERNATIONAL CONFERENCE MEETING

 

Mr. Buck attended the Conference meeting, distributed printed material to the Board members and reported the following:

1.  Pearson View will be administering the exams.  The locations will be applicant friendly without interruptions.       

2.  Discussion was held on the availability of licensees in times of disasters and how to handle licensing during disasters.

3. The next Conference meeting will be held in San Antonio, TX and Mr. Buck recommends that the Board and Ms. Cory attend, if possible.

 

RULE CHANGE

 

Mr. Sims moved to have the Bureau make a change to Rule 325.02.a to reflect the examination for funeral directors be the “State Based Examination” given by the International Conference of Funeral Service Examiners.  Mr. Hutton seconded, and the motion carried.

 

The Board recessed for lunch to reconvene at 1:30p.m.

 

1:30p.m. Chairman Buck called the meeting to order with all Board members present, Sandee Hitesman, Administrative Assistant II, Cherie Simpson, Management Assistant, and Janice Wiedrick, Technical Records Specialist I.

 

DISCUSSION

 

Discussion was held on clarifying the requirements for licensees.

 

Mr. Hutton moved to have the Bureau add the information to the applications for Mortician Resident Trainees, Funeral Director Trainees, Funeral Establishments, and Crematories. The draft of the information sheets are to be sent to the Board for review prior to use. Mr. Sims seconded, and the motion carried.

 

BOARD BUSINESS FILE

 

The business file was cleared by the following actions:

 

1.  Survey from the American Board of Funeral Service Education completed and mailed.

2.  Information on two types of Continuing Education courses are being retained for future use.

 

PROPOSED LEGISLATION DISCUSSION

 

Discussion was held on what parts of the former legislation could be used this year and to work on the rest at a later time.

 

Mr. Hutton moved to adjourn at 3:25p.m. to reconvene tomorrow at 9:30a.m.  Mr. Sims seconded, and the motion carried. 

 

JULY 18, 2007

 

Chairman Buck called the meeting to order at 9:30a.m.  ROLL CALL:  Chairman Buck, David Hutton, and F. Duayne Sims.  Bureau Staff in attendance:  Tana Cory, Bureau Chief, and Janice Wiedrick, Technical Records Specialist.

 

EMERGENCY/DISASTER PLAN

 

Mr. Hutton moved to have the Bureau investigate the process for licensing morticians during or after a disaster.  Louisiana and the National Funereal Directors Association may be of help. Also, to check what the procedure is for the paperwork to be completed during or after a disaster.  Mr. Sims seconded, and the motion carried.

 

EXECUTIVE SESSION

 

Mr. Hutton moved to go into executive session for review of applications per Idaho Code 67-2345 (1) (d).  Mr. Sims seconded, and it carried.

 

Mr. Sims moved to come out of executive session.  Mr. Hutton seconded, motion carried.

 

LEGISLATION

 

Mr. Hutton moved to recommend the Certificate of Authority be changed from an individual license to a license for the funeral establishment. Mr. Sims seconded, and the motion carried.

 

Mr. Hutton moved to have the Bureau pursue the proposed rule changes through the legislative process.  Mr. Sims seconded, motion carried.

 

NEXT BOARD MEETING

 

The next Board Meeting is scheduled for January 15-16, 2008 at 9:00a.m, at the Bureau.

 

CONFERENCE IN SAN ANTONIO TX

 

Mr. Sims moved to pay the reasonable expenses for all Board members and Tana Cory to attend the Conference meeting in San Antonio, TX. Mr. Hutton seconded, and the motion carried.

 

AGENDA FOR JANUARY MEETING

 

1.  Bill Von Tagen is to be invited to the January 15th meeting to discuss the open meeting law.

2.  Questions from guests are to be in writing, presented to the Board prior to the meeting, and discussion limited.

  

TERMINATION OF FILES

 

The Board approved termination of the following applicant files for lack of activity:  001054595, 901041453, 901041780, 901060901, and 901030166.

 

Mr. Hutton moved to adjourn the meeting at 12:25p.m.  Mr. Sims seconded, motion carried.

 

LICENSES ISSUED SINCE LAST MEETING:

 

Jordan Douglas Webb                          M-1079

Darin Robert Butterfield                        M-1087

Dennis R. Baker                                   M-1089