IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 1/19/2010

 

 

BOARD MEMBERS PRESENT:  F. Duayne Sims - Chair

                                                             David L. Hutton

                                                             John Buck

 

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Mike Gilmore, Deputy Attorney General

                                                            Emily Mac Master, Deputy Attorney General

Linda Goff, Technical Records Specialist I

 

OTHERS PRESENT:                     Michael Parkes,

                                                            David Robles and Guest, Bannock Pride

                                   

The meeting was called to order at 9:00 AM MST by F. Duayne Sims.

 

 

APPROVAL OF MINUTES

A motion was made by Mr. Buck to approve the minutes of October 2, 2009 and November 12, 2009. Mr. Hutton seconded, and the motion carried.

 

LEGISLATIVE REPORT

Ms. Cory presented the Legislative Report.

 

Financial Report

Ms. Cory presented the financial report. As of December 31, 2009, the Board had a balance of $70,377.94.

 

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the Investigative Report which is linked above.

 

For Board Determination:

 

I-MOR-2008-1           C alleged that R added words to the cremation authorization after C signed it. INV revealed that C and her fiancé were the parents of a stillborn child. The cremation authorization, signed by both parents, state that R would deliver the cremated remains to the parents “and a portion” to be buried” at the cemetery where the father’s parents were going to place a marker for the child. According to R, there was animosity between the child’s parents and their families at the memorial service. C stated that she would never have agreed to have the remains divided, and after discussions between the parties, the father returned the portion of the remains to C. R and the father stated that the “portion” language was on the cremation authorization when C signed it, and there is no evidence to indicate otherwise. IBOL recommends that the Board recommend closure. A motion was made by Mr. Hutton to recommend closure. Mr. Buck seconded, and the motion carried.

 

I-MOR-2008-13         During a crematory inspection, the investigator discovered that the retort interior and exterior was in need of repair, the crusher was dirty, there was no water supply, no adequate toilet facilities and the refrigerator was not in operation, clean or in good repair. Because the facility has a new licensed crematory, the owner subsequently provided a statement that the old crematory has been taken out of service and requested that the license for the old crematory be canceled. IBOL recommends that the Board recommend closure. A motion was made by Mr. Buck to recommend closure. Mr. Hutton seconded, and the motion carried.

 

NEW BUSINESS

 

Facility Inspections

Ms. Peel explained the facility inspection process to the Board. Currently there are 26 licensed crematories in the state.

 

A discussion was held regarding the Board’s authority to have the owner start the retort during the inspection, and how often. Upon review, it was determined that in order to facilitate inspection, the Board can recommend to the investigator the retort be started. Mr. Buck made a motion that a facility owner must make the owner’s manual available should the Inspector request the retort be started. Mr. Hutton seconded, and the motion carried.

 

Questions were then taken from guests present regarding cycling times and the criteria constituting “good repair.” Following the open discussion, Mr. Buck made a motion that licensed crematories be inspected once per calendar year. Mr. Hutton seconded, and the motion carried.

 

New Establishment Checklist

A discussion was held regarding the development of a new facility checklist to assist applicants with requirements and processes prior to licensure. The list will include a reminder to the applicant that until a license is issued there can be no advertising. Mr. Hutton and Mr. Klein will develop the checklist.

 

Proposed Law Change – Department of Health and Welfare

The Board reviewed an e-mail from Kathy Turner at Health and Welfare outlining the proposed rule change that will be presented to the Legislature this session for the disposition of infected or contaminated dead human bodies. Specifically, the rule will give the Division of Public Health administrator or Health District Director the requirement for supervision regarding preservation, embalming, handling, transportation and burial or disposal of infected or contaminated dead human bodies.

 

Internet Casket Sales

A discussion was held relating to an e-mail received questioning the legality of internet casket sales in the State of Idaho. After review, it was determined internet casket sales are not within the jurisdiction of the Board.

 

Proposed Rule Change Requiring Continuing Education

Several e-mails were received regarding proposed Rule 410 requiring Continuing Education for licensure renewal. After review and discussion, the Board stated the opinion of the Board is that Continuing Education is necessary to ensure the public is served by licensees who are current on relevant advances in the field.

 

At 11:40 Mr. Buck made a motion to adjourn for the Board to attend a legislative hearing. Mr. Sims seconded, motion carried.

 

Meeting called back to order at 2:55 PM MST by Mr. Buck.

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to amend the agenda to add Mike Gilmore and Emily Mac Master from the Attorney General’s Office for an update at 1:00 PM Wednesday and to reschedule the conference call with Jack Norvell to a later time on Wednesday, motion carried.

 

EXECUTIVE SESSION

A motion was made by Mr. Hutton to go into executive session under Idaho Code 67-2345 (1) (d) to consider such records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to review application materials and inactive files. Mr. Buck seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

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

 

APPLICATIONS

A motion was made by Mr. Buck and seconded by Mr. Hutton for the following:

 

Approved for Licensure:

                        Webb Funeral Home                        FEA 1203

 

Approved for Licensure pending passage of Idaho State Law Test:

                        901110331

 

Approved for extension of Resident Trainee Permit until June 1, 2010 pending

written request and payment of renewal fees:

                        901099522

 

Approved for Licensure pending completion of additional general study credit hours:

                        901104084

Motion carried.

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to hold the following pending receipt of a passport style photograph:

                         901070739

                         901060133                                      

Motion carried.

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to terminate the following for Inactivity:

                        901098848

                        901089705

                        901094118

                        901051991

                        901093036

                        901105012

                        901041072

                        901092508

                        901099303

                        901101276

                        901091017

                        901094886

                        901100521

Motion carried.

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to send letters of intent regarding application status to the following:

                        901103219

                        901103835

                        901102091

                        901104496

                        901103915

Motion carried.

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to request Supervisor Final Reports for the following:

                        901094818

                        901056031

Motion carried.

 

A motion was made by Mr. Hutton to adjourn the meeting at 4:25 PM and reconvene at 10:30 AM Wednesday. Mr. Buck seconded, and the motion carried.

 

The meeting was called to order at 10:40 AM by Chairman Sims.

 

NEW BUSINESS

 

County Coroner Rotation Calls

A discussion was held regarding the manner by which calls by a County Coroner are distributed and requirements for an establishment to be placed on the rotation within that county. Mr. Klein will review the information received by the Board, and report at a later meeting.

 

OLD BUSINESS

 

Resident Trainee Checklist

After review of the Resident Trainee Checklist, the Board suggested changes to assist applicants through the application process. The checklist will also become part of the application, rather than a separate form to print.

 

Current application forms were reviewed. The Board recommended several changes. Mr. Sims and Mr. Buck will review the forms and get comments to Ms. Hall for posting changes.

 

Further discussion was held regarding Mortuary School requirements that students complete Funeral Service Apprenticeships for credit and how this fits with Idaho State requirements. It was determined that a permit could be extended in order to cover the student while meeting this requirement.

 

Funeral Ethics Organization E-mail

The Board reviewed an e-mail from the Funeral Ethics Organization. The Board noted that some of the information may be outdated.

 

MOR-2009-3

Mike Gilmore and Emily MacMaster from the Office of the Attorney General updated the Board regarding case MOR-2009-3.

 

Lake Washington Technical College Conference Call

A conference call was held with Jack Norvell, representing the new Funeral Services Program at the college. Mr. Novell’s goal is to develop a relationship with regional states working to ensure the college is listening to the state boards’ needs.

 

Mr. Norvell had sent packets for the Board to review regarding the classes offered.

 

Lake Washington Technical College is working on meeting accreditation requirements of the American Board of Funeral Service Education. The Board requested Mr. Norvell notify them when the accreditation process is complete.

 

NEXT MEETING The next meeting date will be July 20 and 21, 2010.

 

ADJOURNMENT

A motion was made by Mr. Buck to adjourn the meeting at 2:30 P.M. Mr. Sims seconded, and the motion carried.

 

 

_________________________________      _________________________________

F. Duayne Sims, Chair                                      David L. Hutton

_________________________________      _________________________________

John Buck                                                        Tana Cory, Bureau Chief