IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 4/21/2009

 

 

BOARD MEMBERS PRESENT:  David L. Hutton - Chair

                                                             John Buck

                                                             F. Duayne Sims

 

 

BOARD MEMBERS ABSENT:    None

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dave Hotchkiss, Complaint Coordinator

                                                            James Stoll, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

                                                            Marcie McGinty, Appeals Hearing Coordinator

                                                            Cherie Simpson, Management Assistant

                                                            Linda Goff Technical Records Specialist I

                                               

 

OTHERS PRESENT:                     Ken Mallea, Idaho Funeral Service Association, Executive Secretary

                                                            Patrick Dent, Attorney General’s Office

 

                                   

Meeting was called to order at 9:00 AM MDT by David L. Hutton.

 

 

APPROVAL OF MINUTES  

 

A motion was made by Mr. Sims to approve the minutes of March 9, 2009. Mr. Buck seconded, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the Legislative Update. House Bill No. 88 amending Section 54-1112, Idaho Code to revise requirements related to resident trainee licensure passed.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report.  As of March 31, 2009 the Board had a balance of: $65, 367.08.

This report is available on the website.

 

DISCIPLINE

 

MOR-2007-3, MOR 2007-4 and MOR 2007-5 

Ms. Mac Master presented a memorandum for these cases. After review Mr. Buck made a motion to close all three cases with an advisory letter to be sent by the Attorney General’s Office. Mr. Sims seconded, motion carried.

 

 

MOR-2007-8, MOR 2008-13 and MOR 2008-14  

Ms. Mac Master presented a memorandum for these cases. After review and discussion, Ms. Mac Master recommended closure but advised a verbiage addition to the application and facility inspection form. Mr. Buck made a motion to accept the recommendation to close all three cases and approve the verbiage change, Mr. Sims seconded, motion carried.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss reported the following:

 

I-MOR-2009-8

C alleged the R is advertising as a crematory and does not have a crematory at the facility. A certified letter was sent requesting a response. R provided a written response and stated the advertisement was an error by the publisher of the advertisement.  The publisher provided a written response confirming the publishing error and has corrected the advertisement.  IBOL recommends the Board authorize closure. Mr. Buck made a motion to accept the Bureau’s recommendation, Mr. Sims seconded, motion carried.

 

OLD BUSINESS

 

Coroner Issue

Mr. Stoll presented a draft of the letter to the Idaho Association of County Coroners for review. After discussion, Mr. Sims made a motion to approve the correspondence after clarification. Mr. Buck seconded, motion carried. Mr. Stoll will forward the letter to the Board Chair for approval.

           

 

NEW BUSINESS

 

Presentation by Ken Mallea IFSA

Ken Mallea presented recommended changes to zoning and planning in regard to the definition of a cemetery.

Mr. Mallea also advised the Board of a proposed change in the law regarding irrevocable pre-need trusts. Under current law, pre-need trust cannot be revoked. In the interest of protecting the consumer, the NFDA recommends that state law follow the federal pre-need law as written. Mr. Mallea will forward the proposed law change to the Board as soon as it written.

Mr. Mallea addressed the Board regarding the Board’s proposal to adopt continuing education as a requirement for licensure. Mr. Mallea feels the Bureau has the experience to ensure compliance. The Idaho Funeral Service Association agrees that license holders and consumers will benefit when a licensee is required to keep up with changes. Mr. Mallea asked the Board to allow for credit to carry forward for a period of one to two years, provided the licensee has met and exceeded requirements for the current year. Video, DVD, self study, seminars and online courses are valuable and should be considered as part of the proposal.

 

At 10:15 Mr. Sims made a motion to adjourn for a fifteen minute break, Mr. Buck seconded, motion carried.

 

Meeting called to order at 10:30 AM MDT by Chairman Hutton.

 

 

Continuing Education

The Board discussed proposed Rule changes to allow for Continuing Education as a requirement for licensure. The Board requested provisions for hardship to be reviewed on a case by case basis; a request from a licensee for an extension to meet CE requirements must be made in advance; courses used for CE cannot be repeated; a licensee will complete eight hours of continuing education courses per year and will be allowed an eight hour carryover, further no more than four hours of self study per year shall be allowed.

The Board will present a draft of the proposed Rule change to the IFSA in late June for approval.

 

PERSI Retirement

 

Ms. Cory discussed PERSI Retirement with the Board and asked that it be put on the agenda for the next meeting.

 

 

NEW BUSINESS

 

Correspondence

 

The Board discussed recent correspondence from Everest Concierge Service.

 

Rule 452.04

 

A discussion was held concerning questions raised in regard to “short viewings” in relation to Rule 452.04 requirements. Mr. Stoll advised the Board short viewings are not a Board issue, rather Funeral Home policy and as such Mr. Stoll advised the Board to leave the Rule as written.

 

At 11:40 Mr. Hutton made a motion to adjourn for lunch, Mr. Sims seconded, motion carried.

 

Meeting called to order at 1:15 PM MDT by Chairman Hutton.

 

 

NEW BUSINESS

 

Continuing Education

 

Ms. Simpson presented an initial draft of the proposed Rule change requiring Continuing Education to the Board for review. After review and discussion, Mr. Buck made a motion to accept the proposed Rule. Mr. Sims seconded, motion carried.

 

 

EXECUTIVE SESSION

 

A motion was made by Mr. Buck to go into executive session for review of applications per Idaho Code 67-2345 (1) (d). Mr. Sims seconded. Votes were: Chairman Hutton, aye; Mr. Buck, aye; and Mr. Sims, aye. Motion carried.

 

A motion was made by Mr. Sims to come out of executive session, Mr. Buck seconded. Votes were: Chairman Hutton, aye; Mr. Buck, aye; and Mr. Sims, aye. Motion carried.

 

 

APPLICATIONS

 

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

 

Approved for Licensure pending receipt of current passport size photo:     

                        901040234                                        MCA 1172

    

Approved for exam and licensure pending verification of licensure from the State of Washington:

                        901066312                                        MORA 1136

 

Approved for Licensure pending receipt of current passport size photo:     

                       901066758                                        MORA 1175

 

Approved for exam and licensure pending verification of licensure from the State of Washington:

                       901105395                                        MORA 1177

 

The Board secretary will draft a letter regarding a request from 901040602, a previous resident trainee to be considered for licensure. The final report was dated February 3, 2003. Based on the length of time, the applicant must initiate the application process as a new resident trainee applicant.

 

 

Audit Report for Pre-Need Trust Sales

 

Mr. Buck made a motion to approve the audit for Pre-Need Trust Sales as submitted by licensees. Mr. Sims seconded, motion carried.

 

    

NEXT MEETING

 

 July 21 and 22, 2009. Regular meeting.

 

ADJOURNMENT

Mr. Buck made a motion to adjourn the meeting at 3:13 PM. Mr. Sims seconded, motion carried.

 

_________________________________      _________________________________

David L. Hutton, Chair                                     John Buck

_________________________________      _________________________________

F. Duayne Sims                                                Tana Cory, Bureau Chief