IDAHO BOARD OF MORTICIANS
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 7/15/2008
BOARD MEMBERS PRESENT: John Buck - Chair
David L Hutton
F Duayne Sims
BUREAU STAFF: Tana Cory, Bureau Chief
Dawn Hall, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Budd Hetrick, Deputy Bureau Chief
Dave Hotchkiss, Complaints Manager
Emily Mac Master, Deputy Attorney General
Erin Anderson, Technical Records Specialist I
Cherie Simpson, Management Assistant
Sandee Hitesman, Administrative Assistant
Janice Wiedrick, Technical Records Specialist I
OTHERS PRESENT: Tom von Alton, President, Funeral Consumers Alliance of Idaho
Ritta Nielsen, Secretary, Funeral Consumers
Alliance of Idaho
Troy Knutson, Cloverdale Funeral Home
Meeting was called to order at MDT by John Buck.
APPROVAL OF MINUTES
Mr. Hutton moved to approve the minutes of the January 15-16, 2008, meeting. Mr. Sims seconded, and it carried.
Ms. Cory stated the new law went into effect on July 1, 2008 and the new rules were effective April 2, 2008.
Ms. Hall reported the financial status of $79,450.83.
Mr. Hotchkiss presented the investigative report showing:
For Year 2008: A total of 14 complaints were received.
Closed following disciplinary action 5
Pending legal review by Office of the Attorney Gen 1
Remaining under investigation 7
Awaiting Board determination 1
For Year 2007: A total of 14 complaints were received.
Closed by Board action 3
Closed following disciplinary action 2
Pending legal review by Office of Attorney Gen 4
Remaining under investigation 5
Mr. Hutton moved to authorize closure as recommended. Mr. Sims seconded, and it carried.
Ms. Mac Master reported the Prosecutor’s Office was notified about the green burials and unlicensed practice. The definition of green burials and the conduction of green burials must be clarified.
The concern of the Board is that there are persons acting as Morticians or Funeral Directors without licensure and the law and rules need to be clarified.
Ms. Mac Master is to work with investigators on green burial complaints.
Ms. Mac Master is to work on language for future legislative changes for green burials. The Board is to work with the Idaho Funeral Service Association for recommendations on changes.
LICENSE RENEWALS/SECOND NOTICES
Ms. Hall reported that to add an additional reminder for those who have not renewed would require $500 to $1,000 in additional programming fees in addition to increased mailing costs. This would be expensive to reach 2 to 4 percent of the licensees. The Board discussed this and decided the renewal process is to stay as it is.
Mr. Sims reported on the International Conference of Funeral Service Examining Boards (the Conference) convention he attended. Discussion there included: tissue recovery, unlicensed practice, and pilfered money.
The next Conference convention will be held in Williamsburg, PA on February 22-23, 2009.
IDAHO FUNERAL SERVICE CONVENTION
Mr. Buck reported that he attended the Idaho Funeral Service Association convention in June, 2008. Discussion was held on the Master Trust, Wells Fargo, green cemeteries, and continuing education.
Discussion was held on the continuing education that the Idaho Funeral Service Association would like in place.
A draft of the proposed legislation was presented to the Board for discussion. The Board would like the word “annual” stricken from the proposed legislation.
Mr. Hutton moved to approve the proposed legislation after the correction was made. Mr. Sims seconded, and it carried.
CERTIFICATE OF AUTHORITY
Discussion of the certificate of authority being transferred from individuals to the funeral establishment was held, and/or eliminating the certificate of authority completely.
Mr. Sims moved the topic be tabled until the January 2009 meeting, and he recommended working with the Idaho Funeral Service Association for recommendations. Mr. Hutton seconded, and it carried.
Discussion was held on a proposed rule change because the law states that there is a $250 reinstatement fee and the rule calls for a $25 reinstatement fee.
Mr. Hutton moved to strike Rule 500.08 to eliminate the $25 reinstatement fee.
Mr. Sims seconded, and it carried.
Mortician Resident Trainee:
Mr. Hutton moved to add a temporary rule change to Rule 300.06.a, that for the mortician license, they must have assisted in embalming at least twenty-five (25) dead human bodies, and assisted in making at least twenty-five (25) funeral arrangements, and in conducting twenty-five funerals under the supervision of a sponsoring mortician. Effective immediately. Mr. Sims seconded, and it carried.
INSPECTION OF FUNERAL ESTABLISHMENTS
Discussion was held on the inspection of funeral establishments. There has not
been a check sheet developed for consistency in the inspection process.
OPEN MEETING LAW
Discussion was held on having conference calls in between the regular meetings for review of applications. A conference call, with proper notification, is considered a meeting and meets the open meeting law requirement.
CHANGE IN LENGTH OF TIME FOR INTERNSHIP
Discussion was held on the length of time for internship that is limited to two years only at this time. If a person completed the funeral director internship requirement and used the two years available, and then wanted to come back to do the internship for a mortician license, he would not be able to do so if he had used the two years for the funeral director license. A law change is required to lengthen the time limit for the internship at the discretion of the board.
Mr. Sims moved to add the words “plus the discretion of the Board” to 54-1112 (4). Mr. Hutton seconded, and the motion carried.
CERTIFIED AUDIT REPORT FORM
The board requests that Roger Hales clarify the wording on the Certified Audit Report form for review at the January 2009 meeting.
Mr. Sims moved to recess for lunch and reconvene at 1:30 p.m. Mr. Hutton seconded, and it carried.
Chairman Buck reconvened the meeting at 1:30 p.m.
Mr. Hutton moved to go into executive session for review of applications per Idaho Code 67-2345 (1) (d). Mr. Sims seconded. Aye Votes: Mr. Hutton, Mr. Sims and Mr. Buck. No Votes: None. Motion carried.
Mr. Hutton moved to come out of executive session. Mr. Sims seconded. Aye Votes: Mr. Hutton, Mr. Sims and Mr. Buck. No Votes: None. Motion carried.
Mr. Sims moved to approve the following for licensure, examination, pending, and termination:
Approved for Licensure: Sara Bell MCA-1153
Approved for Exam: Todd Chamberlain, Mike Rossi, Lonnie Birdsell, Robert Goff, and Raymond May.
A letter will be sent requiring more information from applicant 901045392.
Pending applications: Letters of their intent to pursue licensure were sent to:
901094118, 901092508, 901041796, 901090802, and 901051987.
Termination of files for lack of activity: 901098749, 901077517, 901093036, and 901072915.
Mr. Hutton seconded, motion carried.
The Board reviewed the examinations in use for licensure. No changes were suggested at this time.
ELECTION OF OFFICER
Mr. Sims moved to elect David Hutton as Chairman, effective immediately. Mr. Buck seconded, motion carried.
Mr. Sims moved to adjourn the meeting at 4:30 p.m. Mr. Buck seconded, motion carried.
JULY 16, 2008
Chairman Hutton called the meeting to order at 9:00 a.m. MDT. Board members in attendance were: John Buck, Duayne Sims and David Hutton.
BOARD BUSINESS FILE
The business file was cleared with the following action:
A letter to be sent to Coltrin Mortuary.
INSPECTION FORM FOR FUNERAL ESTABLISHMENTS
Discussion was held on the type of inspection form to be developed for Funeral Establishments. The form is to have a column for comments to be made in it.
The form is to include: preparation room to have operating embalming machine, appropriate instruments, water supply, adequate drainage, chemicals, other necessary supplies for embalming, refrigeration unit if applicable, resident mortician, chapel, viewing area, and casket selection area. A note is to be put at the bottom of the form stating that coordination with an investigator from the Bureau is required when a crematory is to be inspected along with the funeral establishment. Mr. Hutton is to prepare a draft of the form for the Board to review before approval.
Discussion was held on what might be required for continuing education should it be passed. The ideas discussed included: 12 credits over a two year period, four hours of self-study, OSHA standards, what sources might be pre-approved,
carry-over hours, coroner’s courses, and how to gain approval for courses not pre-approved. Mr. Buck is to work up comments for review at the next meeting.
The complaint process was discussed.
The next meeting is scheduled for January 20-21, 2009.
Mr. Buck moved to adjourn the meeting at 11:25 a.m. Mr. Sims seconded, and it carried.
Licenses Issued from pending at last meeting:
Nathan A Hess M-1119 4-22-08
Lacyn J. Jordan M-1141 4-22-08
Aaron L. Grames FD-1135 5-19-08
Certificate of Authority
Sara Bell MCA-1153 7-17-08