IDAHO STATE BOARD OF MORTICIANS

Regular Meeting

January 15-16, 2008

 

ROLL CALL:              John Buck, Chairman

                                    Dave Hutton

                                    Duayne Sims

 

ALSO PRESENT:       Tana Cory, Bureau Chief

                                    Dawn Hall, Deputy Bureau Chief

Budd Hetrick, Deputy Bureau Chief

                                    Roger Hales, Administrative Attorney

                                    Emily Mac Master, Deputy Attorney General

                                    Mitch Toryanski, Deputy Attorney General

                                    Marcie McGinty, Appeals Hearings Technician

                                    Dave Hotchkiss, Complaint Manager

                                    Janice Wiedrick, Technical Records Specialist I

 

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

 

Dave Hutton moved to approve the minutes of July 17-18, 2007 and August 17, 2007.  Duayne Sims seconded, and the motion carried.

 

BUREAU STAFF

 

Dawn Hall reported that the Mortician Rules are to be presented on January 24, 2008.

 

Budd Hetrick presented the contract to the Board for review.  Mr. Sims moved to approve the contract and to have Chairman Buck sign on behalf of the Board.   Mr. Hutton seconded, and the motion carried.

 

COMPLAINTS AND INVESTIGATIONS:

 

Mr. Hetrick presented the following complaints for review:

 

I-MOR-2004-3 - Mr. Hutton moved to accept the Bureau recommendation for closure.  Mr. Sims seconded, and the motion carried.

 

I-MOR-2006-7 - Mr. Hutton moved to accept the Bureau recommendation for closure.  Mr. Sims seconded, and the motion carried.

 

I-MOR-2006 - 8 and 9 - Mr. Hutton moved to accept the Bureau recommendation for closure.  Mr. Sims seconded, and the motion carried.

 

I-MOR-2007-13 - Mr. Sims moved to accept the Bureau recommendation for closure.  Mr. Hutton seconded, and the motion carried.

 

The Board requested a report on the status of investigations and complaints.  Mr. Hetrick reported later that the complaints were caught up, as a result of this meeting, and the investigations are current.

 

Marcie McGinty, Appeals Hearings Technician and Dave Hotchkiss, Complaint Manager, were introduced to the Board.

 

STIPULATION AND CONSENT ORDERS.

 

Ms. Mac Master presented the following stipulation and consent orders to the Board for review:

 

Mr. Hutton moved to accept the stipulation and consent order for Perry L. Hawker as written and have Chairman Buck sign on behalf of the Board. Mr. Sims seconded, and the motion carried.

 

Mr. Hutton moved to accept the stipulation and consent orders for Jon A. Wood, Cory Earl Brower, Chris Peterson, Ryan Jay Reeves, and Jason N. Skillings as written and have Chairman Buck sign on behalf of the Board.  Mr. Sims seconded, and the motion carried.

 

Mr. Hutton moved to accept the stipulation and consent order for James D. Asper  as written and have Chairman Buck sign on behalf of the Board.  Mr. Sims seconded, and the motion carried.

 

Discussion was held on how some of the complaints could be handled more efficiently.   1. The Board could have conference calls between meetings if needed, and 2. there could be a working Board member who is an advisor to the Investigations Unit. 

 

Idahome Funerals, LLC – The statute of limitations has run out on the complaint, and it has been turned over to the Ada County Prosecutor’s Office for review.  Ms. Mac Master is to follow up on this matter by consulting with Roger Hales, about sending a cease and desist letter to Susan Randall, and about checking with the Ada County Prosecutor’s Office to get feedback from the Prosecutor’s Office.

 

OPEN MEETING LAW

 

Mitch Toryanski gave a report on Idaho’s Open Meeting Law and answered questions about the Open Meeting Law.

 

CHECK SHEETS

 

The check sheets were reviewed and revised for use on the Internet.

 

LEGISLATIVE PROCESS

 

Discussion was held on the legislative process for rules and laws.

 

The Board recessed for lunch at 12:00 p.m.

 

The Chairman reconvened the meeting at 1:30 p.m. Board Members present: John Buck, Dave Hutton, and Duayne Sims.  Bureau Staff present: Dawn Hall, Deputy Bureau Chief, Roger Hales, Administrative Attorney, and Janice Wiedrick, Secretary.

 

EMERGENCY/DISASTER MEASURES

 

The law, at this time, just suspends the existing licensure law, enabling licensees from out of state to practice in Idaho in case of an emergency or disaster.

 

The Board reviewed a model law that may be proposed for an emergency or disaster, called the Uniform Emergency Volunteer Health Practitioners Act. It would create a Bureau to have jurisdiction over the registration system for out-of-state licensees. This bill will allow the Mortician Board to review the conduct of the Mortician/Embalmers out-of-state licensees in cases of complaints.  This new bill allows more flexibility than the law that is in effect at this time. Mr. Sims moved to approve and support the Uniform Emergency Volunteer Health Practitioners Act.  Mr. Hutton seconded, and the motion carried.

 

CANCELLATION OF PRE-NEED CONTRACT

 

The question was asked: “What is required when canceling a pre-need contract?”  Answer: The proof that the contract has been fulfilled by a form completed and a copy of the death certificate.  There is a separate law for dealing with trusts.  

 

EXECUTIVE SESSION

 

Mr. Hutton moved to go into executive session for review of records exempt from public disclosure per Idaho Code 67-2345 (1) (d). Mr. Sims seconded.   Voting for the motion: Mr. Sims and Mr. Hutton.  Voting against the motion: None.  Motion carried.

 

Mr. Hutton moved to come out of executive session.  Mr. Sims seconded, and the motion carried. Voting for the motion:  Mr. Hutton and Mr. Sims. Voting against the motion: None.

 

FUNERAL DIRECT REQUIREMENTS DISCUSSION

 

Conrad Zeyer, FD-1085, and Sara Bell, FD--1100, met with the Board to discuss the requirements and time line for funeral directors.  They are the first licensees who have completed the requirements.  Both reported that they had a hard time understanding the process involved with gaining the education and experience required.  A check sheet has been developed for use on the WEB SITE to help those wanting to become licensed.  

 

Ms. Bell and Mr. Zeyer stated they would be glad to mentor anyone who wishes to become licensed as a funeral director. 

 

Mr. Zeyer and Ms. Bell reported they had attended the on-line course through St. Louis Community College and found the course to be very good.  Both recommended that all of the required courses be taken from a college that has a funeral director course because of the specialty of funeral service involved.  Psychology courses taken from a regular college would not have the emphasis that one from a funeral director program or mortician college has.

 

Both were able to complete the education from the on-line course and the resident traineeship at the same time. 

 

There was confusion about the Conference of Funeral Examiners Board Examination requirement, but that has been clarified.

 

Ms. Bell and Mr. Zeyer suggested improvements for the check sheets, and the improvements have been added.

 

Ms. Bell stated the Board should have a funeral director added to the structure and that continuing education should be a requirement for both morticians and funeral directors.

 

ADJOURNMENT

 

Mr. Hutton moved to adjourn at 4 p.m. to reconvene at 9 a.m. on Wednesday, January 16, 2008.  Mr. Sims seconded, and the motion carried.

 

JANUARY 16, 2008

 

Chairman Buck called the meeting to order at 9 a.m. Board members present: Chairman Buck, David Hutton, and Duayne Sims.  Bureau Staff present:  Janice Wiedrick, Secretary.

 

SALES TAX EXEMPTION

 

Discussion was held on the proposed sales tax exemption repeal.  Mr. Sims moved to not approve the proposed sales tax exemption on funeral goods repeal.  Mr. Hutton seconded, the motion carried. 

 

EXECUTIVE SESSION

 

Mr. Hutton moved to go into executive session for review of applications exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Mr. Sims seconded.  Aye votes:  Mr. Hutton and Mr. Sims. Nay votes: None.  Motion carried.

 

Mr. Hutton moved to come out of executive session.  Mr. Sims seconded, and the motion carried. Aye votes: Mr. Sims and Mr. Hutton. Nay votes: None

 

Mr. Hutton moved that the Bureau is to notify the following applicants of the results of their review:

 

901064118  - approved for Mortician exam.

 

901098749  - Must have the Conference of Funeral Service Examiners Board exam plus take the Idaho Law exam.

 

901057120  -  Approved for Funeral Director exam.

 

901052928  -  A letter of intent to pursue licensure.

 

Mr. Sims seconded the motion and it carried.

 

TERMINATED FILES

 

Mr. Sims moved to terminate the following files for lack of activity:  901070850, 901042276, 901066312, 901073674, 901041183, 901090352, 901098551, 901095412, 901045545, 901099507, and 901045392.  Mr. Hutton seconded, and the motion carried. 

 

GREEN FUNERALS

 

The Board requests that any complaints for unlicensed persons that come to the Bureau be referred as quickly as possible to the Attorney General’s Office or the County Prosecutor’s office in the appropriate county for action.  If this needs a conference call of the Board, one is to be set as quickly as possible.

 

NEXT MEETING

 

The next regularly scheduled meeting is July 15-16, 2008 at the Bureau.

 

Having no further business before them, Mr. Hutton moved to adjourn the meeting at 11:05 a.m.  Mr. Sims seconded, and the motion carried.

 

Licenses issued since last meeting:

 

Sara E Bell                                           FD-1100

Dustin Godfrey                                     FD-1106

Amielya M Bailey-Landon                    FD-1124

 

David N. Matthews                              M-1096

Brian J Wood                                       M-1103

Dale A Fillmore                                    M-1118

Bread Carlyle Horsely                          M-1124