IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 1/20/2009

 

 

 

BOARD MEMBERS PRESENT:  John Buck, Acting Chair

                                                             F. Duayne Sims

 

 

BOARD MEMBERS ABSENT:    Dave Hutton, Chair  

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            James Stoll, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Janice Wiedrick, Technical Records Specialist I

Linda Goff, Technical Records Specialist I

 

OTHERS PRESENT:                     Ken Mallea, Idaho Funeral Service Association

                                                            Patrick Dent, Attorney General’s Office

 

                                   

Meeting was called to order at 9:05 AM MST by John Buck.

 

 

NEW BUSINESS

 

Continuing Ed

 

Mr. Mallea, representing the Idaho Funeral Services Association, appeared before the Board to discuss the issue of whether the current law afforded the Board the authority to require continuing education upon license renewal. Law 54-1115A addresses continuing education, which can be implemented by a rule change. Mr. Stoll concurred and was directed by the chair to draft a letter to the Board addressing that the law already allows the Board to implement a CE requirement. The Board will prepare a draft rule change which will include a carryover provision. Further discussion was tabled until the next meeting.

 

LEGISLATIVE UPDATE

 

Ms. Cory gave an update on proposed legislation.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report. This report is available on the website.

 

DISCIPLINE

 

MOR-2007-6 and MOR 2007-8

 

Ms. Mac Master presented a memorandum for theses two cases. After review the Board presented their recommendations to the Office of the Attorney General.

 

MOR-2008-11

 

Ms. MacMaster presented a memorandum for this case. After review the Board presented their recommendations to the Office of the Attorney General.

 

At 10:20 Mr. Buck made a motion for a five minute break. Mr. Sims seconded. Motion carried.

 

Meeting called to order at 10:25 AM MST by Mr. Buck.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss reported the following:

 

Fiscal Year 2008

Total Complaints received

   7

            Status:

                        Pending Office of the Attorney General

  5

                        Remaining under investigation

  1

                        Awaiting Board determination

  1

 

            Inspections

  6

 

Fiscal Year 2008

            Total Complaints received

14

            Status:

                        Closed by Board action

  2

                        Closed following disciplinary action

  5

                        Pending Office of the Attorney General

  3

                        Remaining under investigation

  4

 

            Inspections

10

 

Fiscal Year 2007

            Total Complaints received

14

            Status:

                        Closed by Board action

  3

                        Closed following disciplinary action 

  2

                        Pending Office of the Attorney General 

  6

                        Remaining under investigation

  2

                        Awaiting Board determination

  1

   
           Inspections   2

                                                                                        

 

For Board Determination:

 

I-MOR-2007-6         C alleges R was operating a Funeral Establishment without benefit of licensure. INV revealed the establishment was licensed but did not have a building occupancy certificate from the city.  DAG review concluded that this was a city ordinance violation and is beyond the jurisdiction of the Board.  IBOL recommends the Board authorize closure with an advisory letter to the city officials.  

 

Mr. Sims made a motion to accept the Bureau’s recommendation. Mr. Buck seconded, motion carried.

 

I-MOR-2009-7         C alleged the R is misleading the public to think the facility is very busy by placing all funerals in the area on their website calendar.  A certified letter was sent requesting a response.  R sent a written response stating there was no intent to mislead the public but will in the future include the name of the funeral homes in all cases.  IBOL recommends the Board authorize closure.

 

Mr. Sims made a motion for an advisory letter to be drafted requesting R cease and desist the use of misleading advertising on the website. Mr. Buck seconded, motion carried.

 

NEW BUSINESS

 

Rule 250.02 – Resident Trainee Limits

 

Mr. Stoll advised the Board the rule limiting a licensed practicing Mortician to one resident trainee is clearly defined and stands as written.

 

The Conference Convention

 

It was decided by the Board in light of the budget no Board member would be attending this year’s convention. Mr. Sims did advise the Bureau if a representative from the Bureau were to attend The Conference’s administrator sessions; costs would be paid by The Conference. The Bureau will take the suggestion under advisement.

 

OLD BUSINESS

 

Audit Report for Pre-Need Trust Sales

 

Mr. Stoll reviewed the proposed audit report forms for pre-need trust sales. Mr. Stoll advised the Board the forms were designed and written per the law, and the pre-need audit report was set up as a “watchdog” to ensure compliance. Mr. Sims moved the Board approve the revised pre-need trust sales forms. Mr. Buck seconded, motion carried.  

 

Cremation Records: scientific and medical remains

 

Mr. Stoll advised the Board scientific and medical remains are defined as “medical waste,” and a simple document recording when and from where the medical waste was received would suffice. The documents are to be kept in the crematorium files.

 

Inspection Form for Funeral Establishments

 

Mr. Hetrick reviewed the draft of the Funeral Establishment Inspection Form and suggested several changes. After changes are made and approved the form will be available for use. Mr. Sims moved the Board approve the forms pending changes. Mr. Buck seconded, motion carried.

 

At 11:50 Mr. Buck made a motion to adjourn for lunch, Mr. Sims seconded, motion carried.

 

Meeting called to order at 1:05 PM MST by Mr. Buck.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Sims to go into executive session for review of applications per Idaho Code 67-2345 (1) (d). Mr. Buck seconded, motion carried.

 

A motion was made by Mr. Sims to come out of executive session. Mr. Buck seconded, motion carried.

 

APPLICATIONS

 

A motion was made by Mr. Sims to approve the following:

 

     Approved for Licensure

 

BAILEY-LANDON, AMIELYA

          MCA1169

 

     Approved for exam and licensure pending passage of the exam

 

MCBRIDE, BRIAN               

LEONI, LARRY                 

NELSON, LANCE  

                         

Mr. Buck seconded, motion carried.

 

At 1:40 Mr. Buck made a motion to adjourn for the Board to attend a Legislative Session. Mr. Sims seconded, motion carried.

 

Meeting called back to order at 3:55 PM MST by Mr. Buck.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Sims to go into executive session for review of applications per Idaho Code 67-2345 (1) (d). Mr. Buck seconded, motion carried.

 

A motion was made by Mr. Sims to come out of executive session. Mr. Buck seconded, motion carried.

 

A motion was made by Mr. Sims to approve the following:

 

     Send Letter of intent

                        901052928

                        901063390

                        901093376

     Send Letter of intent and request final report

                        901065696

                        901089947

                        901089705

     Terminated due to inactivity

                        901099448

901100447

901098402

 

Mr. Buck seconded, motion carried.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Sims to approve the minutes of 10/09/2008 and 11/25/2008. Mr. Buck seconded, motion carried.

 

NEW BUSINESS

 

The Conference dues

 

Mr. Sims made a motion to pay yearly dues for The Conference. Mr. Buck seconded, motion carried.

 

Next Meeting

 

A discussion was held regarding items to be placed on the next meeting’s agenda. The next meeting will be scheduled in April. The Board decided the focus of the next meeting will be a rule change to implement continuing education. The Board also wishes to discuss specifics of license holder notification.

 

NEXT MEETING April, 2009.

 

ADJOURNMENT

 

Mr. Sims made a motion to adjourn the meeting at 4:55 PM. Mr. Buck seconded, motion carried.