IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 7/19/2011

 

BOARD MEMBERS PRESENT:  F. Duayne Sims - Chair

                                                             James Opdahl

                                                             David L. Hutton

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Administrative Support Manager

                                                            Marcie Mcginty, Appeals Hearing Technician

                                                            Maurie Ellsworth, Legal Counsel

                                                            Eric Nelson, Naylor & Hales

                                                            Emily Mac Master, Deputy Attorney General

                                                            Danny Hatch, Extern

                                                            Woelke Leithart, Extern

                                                            Joan Callahan, Extern

 

OTHERS PRESENT:                     Mike Parke, Parkes Magic Valley Funeral Home Wendell Gooding Chapel

                                   

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

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Hutton to approve the minutes of 1/18/11, 5/16/11, and 6/10/11.  Seconded by Mr. Opdahl, motion carried. 

 

LEGISLATIVE REPORT

 

Ms. Cory reminded the Board that law or rule changes need to be submitted in August.  She also informed the Board that the Legislature approved an in-house attorney and approved a position for one more investigator.

 

FINANCIAL REPORT

 

Ms. Hall gave the financial report.  The Board had a balance of $59,491.91. 

 

 

 

 

 

 

DISCIPLINE

 

Mr. Nelson presented the following memorandum:

 

MOR-2010-4 Mr. Hutton made a motion to close this case with an advisory letter.  Seconded by Mr. Opdahl, motion carried.

 

MOR-2011-1 Mr. Hutton made a motion to close this case with an advisory letter.  Seconded by Mr. Opdahl, motion carried.

 

Mr. Nelson discussed with the Board that there may be the need to define who is the “highest authority” as per Idaho Code 54-1142.  He mentioned that it could also be corrected by amending the disinterment application with Health & Welfare.  The Board discussed working with Health & Welfare on the form.

 

MOR-2011-2 and MOR-2011-3 Mr. Hutton made a motion to close this case with an advisory letter.  Seconded by Mr. Opdahl, motion carried.

 

Mr. Nelson presented the following Stipulation and Consent Orders:

 

MOR-2010-1, MOR-2010-2, and MOR-2010-3 A motion was made by Mr. Hutton to accept the Stipulation and Consent Order and authorize the Board Chair to sign.  Seconded by Mr. Opdahl, motion carried.

 

MOR-2010-5 A motion was made by Mr. Hutton to accept the Stipulation and Consent Order and authorize the Board Chair to sign.  Seconded by Mr. Opdahl, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Mcginty presented the following cases for Board determination:

 

I-MOR-2011-2 Mr. Opdahl made a motion to close this case and to send a cease and desist letter.  Seconded by Mr. Hutton, motion carried.

 

I-MOR-2011-5 and I-MOR-2011-6 Mr. Hutton made a motion to close these cases.  Seconded by Mr. Opdahl, motion carried.

 

I-MOR-2011-9 and I-MOR-2011-10 The Board discussed closure of these cases.  It was discussed that these cases should be forwarded to prosecution for further research and discipline.  Mr. Opdahl made a motion to forward both cases to prosecution for further research and possible discipline.  Seconded by Mr. Sims, motion carried.

 

Ms. Mcginty informed the Board that all crematories had been inspected by June 30th, 2011.

MOR-2012-1 Ms. Mcginty discussed this voluntary surrender with the Board.  Mr. Sims made an inquiry if all of the pre-need policies had been disclosed when the complainant sold the business.  This case was tabled for further information by the Board and would be revisited later in the meeting when Ms. Mcginty had time to research the matter.

 

DISCIPLINE

 

Mr. Ellsworth presented the following case to the Board for determination:

 

MOR-2009-3 and MOR-2009-4 Mr. Ellsworth presented the case to the Board.  The facts are stipulated and the only question for the Board at this time is whether a licensee who pleads guilty to driving while intoxicated while transporting a dead human body has committed unprofessional conduct pursuant to Idaho Code 54-1116(3)(k). 

 

The Board determined that it has jurisdiction and that driving under the influence of alcohol when transporting a dead human body constitutes unprofessional conduct.

 

The parties had stipulated that additional briefing or argument and evidence could be presented before the Board decided on discipline.

 

RECESS

 

The Board recessed for 15 minutes.

 

ELECTION

 

A motion was made by Mr. Opdahl to elect Mr. Hutton as the new Chair.  Seconded by Mr. Sims, motion carried.  A motion was made by Mr. Hutton to elect Mr. Sims as Vice Chair.  Seconded by Mr. Opdahl, motion carried.

 

DISCUSSION

 

Ms. Hall presented the updated establishment applications that now remind the applicant to not advertise until licensed.  Mr. Hutton made a motion to accept the amended facility applications.  Seconded by Mr. Opdahl, motion carried.

 

Ms. Cory spoke with the Board about displaying disciplinary actions on the website.  Currently the Board does not post discipline on the website. 

 

Mr. Hutton made a motion that discipline was to now be posted on the website.  This motion also directed the Bureau to display discipline dating back 3 years and to place a message on the Board’s webpage directing the public to inquire with the Bureau for any discipline older than 3 years.  Seconded by Mr. Opdahl, 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 examination materials.  Mr. Opdahl seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.

 

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

 

EXAMINATIONS

 

Mr. Hutton made a motion to correct an answer on the exam.  Seconded by Mr. Opdahl, motion carried.

 

OTHER

Mr. Parke addressed the Board and asked if his application for facility licensure could be reviewed as he had just received an emergency call and needed to leave the meeting.  The Board agreed.

 

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 license application materials.  Mr. Opdahl seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.

 

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

 

APPLICATIONS

 

A motion was made by Mr. Hutton to approve Mr. Sims to inspect Parkes Magic Valley Funeral Home Wendell Gooding Chapel.  Once the inspection is complete Ms. Anderson may issue the license.  Seconded by Mr. Opdahl, motion carried.

 

 

 

INVESTIGATIVE REPORT

 

Ms. Mcginty reported back to the Board that during the investigation of case MOR-2012-1 not all files could be located.

 

Ms. Mcginty presented the following Findings of Fact, Conclusions, and Final Order:

 

MOR-2012-1 Mr. Hutton made a motion to accept licensee’s voluntary surrender.  This motion also included costs of $1249.19 and that this case is referred to local law enforcement regarding the pre-need funds.  Seconded by Mr. Opdahl, motion carried. 

 

LUNCH

 

Mr. Hutton made a motion that the Board adjourn at 12:00 P.M. for lunch and reconvene at 1:30 P.M.  Seconded by Mr. Opdahl, motion carried.

 

The meeting was called to order by Mr. Sims at 1:30 P.M.

 

CONTINUING EDUCATION CORRESPONDENCE

 

The Board held a discussion on whether or not a teleconference could be considered an interactive setting and would meet the four hours of continuing education that is required to be in an interactive setting.  A motion was made by Mr. Hutton to accept a teleconference as attendance in an interactive setting.  Seconded by Mr. Opdahl, motion carried.

 

The Board also discussed carryover of continuing education.  It was determined that carry over would be considered carryover if it was obtained after July 1, 2010 and meets the continuing education requirements.  A licensee can not go back further than July 1, 2010 to use carryover.

 

The Board discussed several pieces of correspondence regarding the new CE requirements:

 

John Perkes- The Board instructed Ms. Anderson to respond to Mr. Perkes that the recent continuing education courses he attended would be approved by the Board because the courses were offered by a national association per Rule 410.03.

 

Timothy Simonsen- The Board instructed Ms. Anderson to respond to Mr. Simonsen that participation in a teleconference would count toward the required four hours of an interactive setting continuing education as per Rule 410.02.

 

Dan Rohling- The Board instructed Ms. Anderson to respond to Mr. Rohling that the recent two-day Fatality Management Planning meeting that he attended in June would be accepted by the Board because the meeting was germane to his license/profession per Rule 410.03.  Mr. Suter from Department of Health and Welfare is to be included in this correspondence as well.

 

Doug Coltrin- The Board instructed Ms. Anderson to respond to Mr. Coltrin that his attendance to tour a new hospital in his area would be acceptable continuing education as long as the tour and its components were germane to Mr. Coltrin’s license/profession per Rule 410.03.

David Dembowski-The Board instructed Ms. Anderson to respond to Mr. Dembowski informing him that only continuing education received on or after July 1, 2010 can count toward any carryover on his 2012 renewal, if applicable, per Rule 410.01.

 

Bria Zacharcyk- The Board instructed Ms. Anderson to respond to Ms. Zacharcyk that the Board’s current practice is to only require a CE Provider renew an already approved course if there have been dramatic changes to the existing approved course.  This same reply is to be sent to Ms. Lucy Hinojsa with Carriage Services.

 

Joseph Larsen-The Board discussed Mr. Larsen’s concern over the possible difficulty to obtain the required four hours of interactive continuing education.  The Board determined there was no need to respond to Mr. Larsen but to have the minutes reflect that the Board had reviewed his correspondence.

 

Dick Van Deusen- The Board instructed Ms. Anderson to respond to Mr. Van Deusen addressing his concerns over the continuing education rule.

 

Margot Roesler- Mr. Ellsworth discussed with the Board Ms. Roesler’s correspondence.  The Board has authority over sales of pre-arrangement funeral contracts but once created the administration and proper investments of funds placed in that would create questions that would include fiduciary and trust law.  The Board only has jurisdiction over pre-arrangement contracts.  It was recommended that Ms. Roesler complete her own research.

 

RECESS

 

The Board recessed for 15 minutes.

 

DISCUSSION

 

Mr. Sims discussed frustration conveyed to him by licensees about the requirement that a licensed Mortician or Funeral Director must hold an active MCA license in order to sell pre-need contracts and there are insurance agents selling insurance, goods, and services without holding this license.  Mr. Ellsworth said the Board has jurisdiction to issue licenses but does not have authority to discipline insurance agents.  The concerned licensees should submit a complaint if it relates to issues under the Board’s jurisdiction, as the Board does have the authority to investigate complaints and the complaint could then possibly be forwarded to the appropriate authorities at that time.

 

ADJOURN

 

The Board adjourned at 4:20 PM.  They are to reconvene 7/20/11 at 9:00 AM.

 

ORDER

 

Mr. Sims called the meeting to order on 7/20/11 at 9:05 AM.

 

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 license application materials.  Mr. Opdahl seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.

 

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

 

APPLICATIONS

 

A motion was made by Mr. Hutton to send letters of intent to the following permit holders.  Seconded by Mr. Opdahl, motion carried.

 

FDT-1156     

MRT-1168

MRT-1162    

FDT-1165

 

A motion was made by Mr. Hutton to approve issuance of an MCA license to the following applicant.  Seconded by Mr. Opdhal, motion carried:

 

901064118

 

A motion was made by Mr. Hutton to approve the following applicants to take the Idaho State Law and Rule exam for licensure by endorsement.  Upon passing the licenses may be issued.  Seconded by Mr. Opdahl, motion carried:

 

901117778

901116171

 

A motion was made by Mr. Hutton to approve the following permit holders to take the Idaho State Law and Rule exam for licensure.  Upon passing the licenses may be issued.  Seconded by Mr. Opdahl, motion carried:

 

MRT-1110

MRT-1206

 

A motion was made by Mr. Hutton to send a letter of withdrawal to applicant 901106391.  It was Mr. Hutton’s thought that the applicant was no longer pursuing a license in this profession.  Seconded by Mr. Opdahl, motion carried.

 

A motion was made by Mr. Hutton requesting that applicant 901114662 submit new applications for their funeral establishment and crematorium that will list the ownership of their facilities accurately.  Once received corrected licenses will be printed and returned to the licensee.  Seconded by Mr. Opdahl, motion carried.

 

CE COURSES

 

A motion was made by Mr. Hutton to approve the following submitted courses for continuing education.  Seconded by Mr. Opdahl, motion carried.

 

FuneralCE

Didasko Communications LLC

Carriage Services Inc

SCI Management Dignity University

 

A motion was made by Mr. Hutton to deny approval to SCI Management Dignity University for their presented course “Forklift Safety”.  Seconded by Mr. Opdahl, motion carried.

 

MCA AUDIT

 

A motion was made by Mr. Hutton to amend the agenda for review of the MCA audit files.  This was not placed on the agenda by Ms. Anderson in error.  Seconded by Mr. Opdahl, motion carried.

 

The Board reviewed the MCA audit files and gave Ms. Anderson no further direction.  One licensee will be sent to investigations for lack of response.

 

OTHER

 

Ms. Anderson distributed handouts on the process for school accreditation.

 

Ms. Anderson asked the Board if they would be interested in sending board service plaques for recognition of a person’s service on the Board.  The Board directed Ms. Anderson to order a plaque for Mr. Buck for his most recent service with the Board.

 

NEXT MEETING 1/17/2012

 

ADJOURNMENT

A motion was made by Mr. Hutton to adjourn the meeting.  Seconded by Mr. Opdahl, motion carried.  Individual votes for this motion were Mr. Sims, aye; Mr. Hutton, aye; and Mr. Opdahl, aye.

 

Meeting was adjourned at 11:30 AM MST on 7/20/2011.

 

 

 

 

_________________________________      _________________________________

F. Duayne Sims, Chair                                    James Opdahl

 

_________________________________      _________________________________

David L. Hutton                                             Tana Cory, Bureau Chief