Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
David L. Hutton
Lori Peel, Investigative Unit Manager
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
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.
Ms. Cory presented the Legislative Report.
Ms. Cory presented the financial report. As of December 31, 2009, the Board had a balance of $70,377.94.
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.
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
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.
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.
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:
Approved for extension of Resident Trainee Permit until June 1, 2010 pending
written request and payment of renewal fees:
Approved for Licensure pending completion of additional general study credit hours:
A motion was made by Mr. Buck and seconded by Mr. Hutton to hold the following pending receipt of a passport style photograph:
A motion was made by Mr. Buck and seconded by Mr. Hutton to terminate the following for Inactivity:
A motion was made by Mr. Buck and seconded by Mr. Hutton to send letters of intent regarding application status to the following:
A motion was made by Mr. Buck and seconded by Mr. Hutton to request Supervisor Final Reports for the following:
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.
A discussion was held
regarding the manner by which calls by a
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
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.
Mike Gilmore and Emily MacMaster from the Office of the Attorney General updated the Board regarding case MOR-2009-3.
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.
NEXT MEETING The next meeting date will be July 20 and 21, 2010.
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