IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 1/18/2011

 

 

BOARD MEMBERS PRESENT:†† F. Duayne Sims - Chair

††††††††††††††††††††††††††††††††††††††††††††††††† John Buck

††††††††††††††††††††††††††††††††††††††††††††††††† David L. Hutton

 

BUREAU STAFF: †††††††††††††††††††††† Dawn Hall, Administrative Support Manager

††††††††††††††††††††††††††††††††††††††††††††††††† Lori Peel, Investigative Unit Manager

††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††† Emily Mac Masters, Deputy Attorney General

††††††††††††††††††††††††††††††††††††††††††††††††† Eric Nelson, Naylor & Hales

††††††††††††††††††††††††††††††††††††††††††††††††† Erin Anderson, Secretary

 

OTHERS PRESENT:†††††††††††††††††† Loyal Perry, FCAI President

                           

The meeting was called to order at 9:00 AM MST on 1/18/11 by F. Duayne Sims.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Buck to approve the minutes of 10/7/2010.Seconded by Mr. Hutton, motion carried.A motion was made by Mr. Hutton to approve the minutes of 12/1/2010.Seconded by Mr. Buck, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Hall informed the Board that itís suggested rule changes would be before the Legislature soon and members would be notified of hearing dates.

 

FINANCIAL REPORT

 

Ms. Hall informed the Board of its balance as of 12/31/2010, which was $72,025.44.

 

DISCIPLINE

 

Ms. Mac Masters discussed with the Board the status of the two open cases that she has in her office.

Mr. Nelson presented a memorandum including the following cases for Board direction:

 

The Board discussed the matters and made recommendations.

 

Discussion was held in regard to electronic signatures on death notices and it was noted that an electronic signature was acceptable.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the following case for Board determination:

 

I-MOR-2010-15 C alleged R failed to provide a list of charges, charged excessive fees for the cremation service and obituary, and performed the cremation offsite without notice to C.Investigation revealed that the obituary charge to C was the same as that charged by the paper.As to the charge for the cremation, R stated that C was given a price list, and the price list clearly states the cremation charge.Finally, as to the offsite cremation, Bureau records show that Rís crematory is under a different name than Rís funeral home.The investigation did not reveal any evidence to support the allegations; therefore, IBOL recommends that the Board authorize closure.A motion to close was made by Mr. Buck.Seconded by Mr. Hutton, motion carried.

 

RECESS

 

The Board recessed for 15 minutes.

 

CORRESPONDENCE

 

Ms. Hall discussed with the Board a request from Mr. David Robles to participate via technology in Board meetings.If he had an issue of concern it was stated that he could call in at a certain time if he would contact the Bureau to be on the agenda.

 

The Board reviewed correspondence from Tom Tafoya on whether or not licensure was required to sell caskets via the internet to the public in Idaho and could this same entity in the future obtain a warehouse in Idaho to store the caskets in without becoming licensed as well.After discussion it was determined that the Board does not have jurisdiction over internet sales specifically if such sales are made to the public for immediate delivery, as per Idaho Code 54-1104.It was also determined that a future warehouse to store this product in was also not under Board jurisdiction.A letter will be sent to Mr. Tafoya.

 

The Board reviewed correspondence from Christine Liyanto from Rogers, Joseph, and OíDonnell.Her question was of the same nature as Mr. Tafoyaís and Ms. Anderson was directed to send her a letter of determination as well referencing Idaho Code 54-1103 and 54-1104.

 

At 12:00 PM Mr. Hutton made a motion to adjourn for lunch. Mr. Buck seconded. Motion carried.

 

The meeting was called back to order at 1:30 PM MST by Chairman Sims.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Buck 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, MCA audits and inactive files. Mr. Hutton seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

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

 

CE COURSES

A motion was made by Mr. Buck to approve the submitted courses for continuing education by Batesville Casket Company.Seconded by Mr. Hutton, motion carried.

 

Discussion was held on allowing licensees two hours of CEU credit for attending a Board meeting.

 

A motion was made by Mr. Buck to allow a licensee two hours of CEU per renewal year with no carryover for attending a Board meeting.The licensee must attend a minimum of two hours of the open meeting part and Board members are not eligible for this credit.Seconded by Mr. Hutton, motion carried.††

 

APPLICATIONS

 

A motion was made by Mr. Hutton to approve inspection of # 901051508 by Mr. Sims for facility licensure.If applicant passes inspection, the license will be issued.Seconded by Mr. Buck, motion carried.

 

Permit holder MRT-1161 requested an extension of her permit to April of 2011.A motion was made by Mr. Buck to issue MRT-1161 one final extension to 4/29/2011.Seconded by Mr. Hutton, motion carried.

 

A motion was made by Mr. Buck to deny applicant Tyson Clemons.Reason for denial was based on Rule 300 (3), not obtaining the required number of college credit hours.Seconded by Mr. Hutton, motion carried.

 

A motion was made by Mr. Hutton to approve Kip Buckís application request for Certificate of Authority.Seconded by Mr. Buck, motion carried.

 

The Board reviewed the MRT permits that were issued by Ms. Anderson.

 

ADJOURNMENT

 

A motion was made by all members of the Board to adjourn the meeting.Individual votes for this motion were Mr. Sims, aye; Mr. Hutton, aye; and Mr. Buck, aye.

 

Meeting was adjourned at 4:20 PM MST to reconvene on 1/19/2011 at 9:00 AM MST.

 

ORDER

 

The meeting was called to order at 9:00 AM MST on 1/19/11 by F. Duayne Sims.

 

A motion was made by Mr. Buck to amend the agenda to add the request for Ms. Anderson to draft a letter of acknowledgement for service to Mr. Greg Heiteman.The agenda was amended to allow this because Mr. Heitemanís last day of service with the State would be that Friday.Seconded by Mr. Hutton, motion carried.A motion was made by Mr. Buck that Ms. Anderson draft a letter to Mr. Heiteman.Seconded by Mr. Hutton, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Buck 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 tests, application materials, MCA audits and inactive files. Mr. Hutton seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

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

OTHER

 

The Board requested for the next agenda that the Bureau have a draft of the proposed Quarterly Reports.The Board members also requested that notification be sent to them when their proposed Rule change has passed the Legislature.

 

NEXT MEETING 7/19/2011 and 7/20/2011

 

ADJOURNMENT

 

A motion was made by all members of the Board to adjourn the meeting.Individual votes for this motion were Mr. Sims, aye; Mr. Hutton, aye; and Mr. Buck, aye.

 

Meeting was adjourned at 12:35 PM MST on 1/19/2011.

 

_________________________________††††† _________________________________

F. Duayne Sims, Chair††††††††††††††††††††††††††††††††††† John Buck

_________________________________††††† _________________________________

David L. Hutton†††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Deputy Bureau Chief