IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 1/17/2012

 

BOARD MEMBERS PRESENT:†††††† David L. Hutton - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †James H. Opdahl

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †F. Duayne Sims

 

BUREAU STAFF: †††††††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Administrative Support Manager

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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Maurie Ellsworth, Legal Counsel

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Emily Mac Master, Attorney General Office

Marcie Rightnowar, Appeal Hearings Coordinator

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

 

OTHERS PRESENT:††††††††††††††††††††††† Chuck Brown

                         ††††††††††

The meeting was called to order at 9:00 AM MST by David L. Hutton.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Sims to accept the minutes of 10/13/11 and 11/29/11 with mentioned corrections.† Seconded by Mr. Opdahl, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory addressed the Board noting that the Board currently had no law or rule changes before the Legislature.† Ms. Cory stated that August is the deadline for any 2013 rule or law changes.† She also gave an update to the Bureauís request for a system upgrade.† Mr. Opdahl mentioned that the Board may want to consider a future meeting to address resomation in its laws and rules.

 

FINANCIAL REPORT

 

Ms. Hall reported the Boardís balance as of 12/31/2011 to be $38,354.48.† After discussion of the Boardís expenses, Ms. Peel made a change to the consultant fee, noting that the dollar amount was posted to the wrong catagory.

 

Ms. Hall presented to the Board the annual renewal contract.† A motion was made by Mr. Sims to accept the contract and authorize the Chair to sign.† Seconded by Mr. Opdahl, motion carried.

 

Ms. Hall addressed with the Board a previous motion that it had made in regard to disciplinary action on the website.† The previous motion had authorized IBOL to list disciplinary action on the Bureauís website going back only 3 years.† It was later determined that it was more cost efficient as well as a better service to the public to list all disciplinary action.† A motion to list all disciplinary action on the Bureauís website was made by Mr. Opdahl.† Seconded by Mr. Sims, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented to the Board the investigative memorandum.†

 

I-MOR-2011-13 and I-MOR-2011-14 A motion to close these files was made by Mr. Sims.† Seconded by Mr. Opdahl, motion carried.

 

I-MOR-2012-1 A motion to close this file was made by Mr. Opdahl.† Seconded by Mr. Sims, motion carried.

 

MOR-2007-6 and MOR-2007-7 Ms. Peel updated the Board on the morticians who will supervise the licensee in this case during the period of his license suspension.† The Board instructed Ms. Peel to make certain that a copy of the Boardís order has been supplied to the supervising morticians.† The Board also instructed Mr. Ellsworth to make certain that all information in regard to these cases has been provided to all parties involved. †

 

Ms. Peel discussed with the Board a request from the collection agency that handles past due disciplinary accounts.  The collection agency asked if the Board would give the Bureau the authority to negotiate a settlement on any past due balances. Mr. Sims moved to grant the Bureau the authority to allow the collection agency to negotiate settlement of a collections case to a minimum amount, and any potential settlement less than that amount of the original debt would be brought to the Board for review.  Seconded by Mr. Opdahl, motion carried.

 

LEGAL COUNSEL

 

Mr. Ellsworth presented to the Board a request for reconsideration of MOR-2007-6 and MOR-2007-7.† Mr. Ellsworth noted that Ms. Mac Master responded on behalf of the Board objecting to the request on 1/12/12.† The Board chose to not respond to the request.

 

RECESS

 

The Board recessed at 10:15 AM MST and reconvened at 10:30 AM MST.

 

CORRESPONDENCE

 

The Board reviewed the following correspondence:

 

John Buck-Mr. Buck inquired if the continuing education that he obtains for his coroner license may also be applied toward the continuing education requirement for his morticianís license.† He referenced an upcoming meeting being held by the Idaho State Association of County Coroners.† A motion to allow the licensee to use the continuing education credits received from the ISACC meeting toward his morticianís license continuing education requirements was made by Mr. Opdahl.† Seconded by Mr. Sims, motion carried.† There was not an approval of the number of credits, noting that the attendee would be given a certificate of completion with the credit hours given from that meeting, and those hours would be addressed by the Board when the licensee is asked to provide the information to the Board.

 

Ed Robertson-Mr. Robertson inquired with the Board if it would consider giving him three credit hours for the work that he does with the American Board of Funeral Service Association.† A motion to allow Mr. Robertson three interactive credit hours was made by Mr. Opdahl.† Seconded by Mr. Sims, motion carried.

 

Brandon Hawker-Mr. Hawker is requesting continuing education credit for a course that he took while obtaining his doctorate.† He was a teacherís assistant in the cadaver lab at the school.† A motion to authorize 12 hours of interactive continuing education credit was made by Mr. Opdahl.† Seconded by Mr. Sims, motion carried.

 

William Spafford-Mr. Spafford requested an exemption from his requirement to obtain continuing education for his Idaho morticianís license.† His request was based on the requirements he must meet with his employer, the United States Navy, to maintain his licensure and job activities with them.† Per Idaho Code 67-2602(A) a motion was made by Mr. Opdahl to waive Mr. Spaffordís continuing education requirement for this renewal period.† Seconded by Mr. Sims, motion carried.

 

Julie Powell-Ms. Powellís correspondence addressed the Board with questions in regard to online cremations.† Her website would direct the consumer to a local funeral establishment for further assistance.† Discussion ensued on whether Idaho Code 54-1103(2) would apply in this situation.† Mr. Ellsworth will research the matter further before responding to Ms. Powell.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Opdahl 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. Sims seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.

 

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

 

APPLICATIONS

 

A motion was made by Mr. Opdahl to approve issuance of a Certificate of Authority license to the below listed applicant.† Seconded by Mr. Sims, motion carried:

 

Tyler Wheatley

 

A motion was made by Mr. Sims to schedule the following applicant for examination for licensure once official passing scores are received from The Conference.† Seconded by Mr. Opdahl, motion carried:

 

Miranda Kemp

 

A motion was made by Mr. Opdahl to schedule the following applicant for examination for licensure.† Seconded by Mr. Sims, motion carried:

 

Robert McCall

 

A motion was made by Mr. Sims to approve inspection for licensure for the below listed applicant.† Once proof of passage is received the license may be issued.† Seconded by Mr. Opdahl, motion carried:

 

Shoshone Funeral Service, LLC

 

A motion was made by Mr. Sims to approve inspection by the investigator once receipt of exemption is received from the DEQ to complete the application.† It was also requested that the investigator and inspecting Board member coordinate their inspection times together so that both facility licenses are issued together.† Seconded by Mr. Opdahl, motion carried:

 

Shoshone Crematory

 

CE COURSES

 

A motion was made by Mr. Sims to approve the following continuing education course.† Seconded by Mr. Opdahl, motion carried:

 

Batesville Casket Co Inc-GoogledÖThe Internet: My Friend and Occasional Enemy

 

A motion was made by Mr. Opdahl to approve the following continuing education course provider.† Seconded by Mr. Sims, motion carried:

 

Professional Preneeds

 

A motion was made by Mr. Opdahl to approve the following continuing education course provider once the applicant provides a completed continuing education application.† Seconded by Mr. Sims, motion carried:

 

Dodge Institute for Advanced Mortuary Studies

 

RECESS

 

The Board recessed at 12:00 PM MST and reconvened at 1:15 PM MST.

 

REINSTATEMENT

 

Mr. Hutton signed off on the continuing education provided by an expired license holder.

 

MCA AUDIT

 

The Board reviewed and approved all licensees who have responded to the Boardís MCA audit for pre-need sales.

 

 

QUARTERLY REPORTS

 

Ms. Anderson informed the Board of the MRT and FDT permit holders who have currently complied with the new quarterly report requirement.† There is one MRT permit holder that has not complied.† The Chair instructed Ms. Anderson to contact this permit holderís supervisor.

 

OTHER

 

The Board signed wall certificates, honorariums, and approved minutes.†

 

ORAL ARGUMENT

 

Oral argument for discipline for case MOR-2009-3 and MOR-2009-4 was presented by Ms. Mac Master and Mr. Brown.†

 

EXECUTIVE SESSION

 

A motion was made by Mr. Opdahl to go into executive session under Idaho Code 67-2345 (1) (f) 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. Sims seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.

 

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

 

MOR-2009-3 AND MOR-2009-4

 

Mr. Sims made a motion for Case Number MOR-2009-3 and MOR-2009-4 to impose a 6-month suspension of license, withheld pending successful completion of probation.† Licensee is also placed on probation for 2 years with random UA for the first year, bi-weekly, and randomly once a month for the second year.† Licensee is to also seek appropriate AA meetings and enroll in an addiction recovery program with monthly proof of attendance submitted to the Board.† This motion is to also include $1000.00 fine, costs and fees.† Seconded by Mr. Opdahl, motion carried.

 

OTHER

 

Mr. Opdahl made a motion to amend the agenda for 1/18/2012 to discuss The Conference annual meeting in Arkansas.† Mr. Opdahl requested the amendment to the agenda to discuss his possible attendance to The Conference.† Seconded by Mr. Sims, motion carried.

 

Board adjourned at 3:50 PM MST.† The Board will reconvene at 9:00 AM MST 1/18/12.

 

1/18/2012

 

The meeting was called to order at 9:01 AM MST by David L. Hutton.

 

OTHER

 

Mr. Opdahl noted that he may attend The Conference.† He is to contact Ms. Anderson by 1/20/2012 to inform her of his intent.

 

The Board discussed proposed revisions of application forms.† A motion was made by Mr. Opdahl to approve and post to the website the updated Board applications.† Seconded by Mr. Sims, motion carried.

 

The Board reviewed mail.† Ms. Anderson was instructed to e-mail Mr. Hutton for instruction to inspect Shoshone Funeral Service, LLC and Shoshone Crematory.

 

NEXT MEETING 7/17/2012

 

ADJOURNMENT

 

A motion to adjourn was made by Mr. Sims.† Seconded by Mr. Opdahl.† Individual votes were: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Opdahl; aye. Motion carried.† Meeting was adjourned at 10:10
AM MST.

 

_________________________________††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† _________________________________

David L. Hutton, Chair††††††††††††††††††††††††††††††††††††† James H. Opdahl

_________________________________††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† _________________________________

F. Duayne Sims††††††††††††††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief