KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Wednesday-Thursday, October 7-8, 2009
FORMAT OF MINUTES:
On each motion there appear the names of two board members in a parenthesis. The first named made the motion, and the second named made the second. Ayes and Nays will be recorded at a voter’s request.
Wednesday, October 7, 2009:
I. The Investigative Committee (IC) of the board met to discuss and make recommendations on open complaints. Those in attendance included: William H. “Bill” Young, Lake Quivira, Licensee and Board Member Charles R. Smith, Overland Park, Consumer. The Board’s Litigation/Prosecuting Assistant Attorney General Steve Phillips and Executive Secretary Mack Smith were in attendance. IC recommendations are included with the minutes of the board.
Thursday, October 8, 2009:
II. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Fred G. Holroyd.
Roll call by Executive Secretary Mack Smith with the following board members in attendance: President Fred G. Holroyd, Topeka, Licensee; Vice President William H. “Bill” Young, Lake Quivira, Licensee; Board Member Barry W. Bedene, Arma, Licensee, and Board Member Charles R. Smith, Overland Park, Consumer. The board’s Executive Secretary, Mack Smith and Assistant Attorney General Camille Nohe were in attendance. Board Member Melissa A. Wangemann, Topeka, consumer Board Member was unable to attend the meeting due to a scheduling conflict.
Board members Bedene (licensee) and Smith (consumer) have been reappointed to additional three (3) year terms by Kansas Governor Mark Parkinson. The remaining position is that of consumer member Wangemann.
The board noted this meeting’s tentative agenda that is displayed on the agency’s website at: http://www.kansas.gov/ksbma/ under the heading of Agency Information and Tentative Board Agenda.
Kansas Funeral Directors Association (KFDA) Executive Director Pam Scott entered the meeting.
(Holroyd-C. Smith) To approve a final agenda for this meeting. Carried.
The board decided to eat lunch at the Kansan Grill following conclusion of the meeting–if time permits.
(Bedene-Young) To adopt the July 9, 2009 regularly scheduled board meeting minutes as amended. Carried. These minutes will be signed by President Holroyd and Executive Secretary Smith then displayed on the board’s website.
The board reviewed results of the written funeral directors’ examination administered on July 9, 2009 noting that 90.0% (nine of ten applicants) were successful. There were no exit comments from examinees.
The board reviewed results of the written assistant funeral directors’ examination administered in October of 2009 noting that 66.6% (two of three) of all applicants were successful. There were no applicants for the months of July and August.
The board reviewed the ‘List of Licensure Applicants’ scheduled to interview with the board at this meeting, noting the following applicants scheduled to meet with the board: one (1) embalmer-funeral director applicant, two (2) funeral director applicants, two (2) reciprocal embalmers and one (1) reciprocal embalmer-funeral director. One (1) funeral director applicant is scheduled to retake the funeral directors’ examination–making a total of five (5) applicants scheduled to be administered the written funeral directors' examination in conjunction with this meeting.
III. The board reviewed individual applications for embalmer and funeral director licensure along with the executive secretary’s summations of the applicants apprentice and supervising licensee progress reports. Applicants for licensure will be interviewed later in this meeting. Funeral director applicants will be administered the written funeral directors' examination by Funeral Home/ Crematory Inspector Francis Mills at 1:30 p.m. later this afternoon in the Florentine Room of the Jayhawk Tower.
The board reviewed the second quarter progress reports from an apprentice embalmer-funeral director and supervising licensee. No action was taken at this time.
All other quarterly progress reports of embalmer/funeral director apprentices and supervising licensees were summarized by the executive secretary and discussed by the board with copies of the individual reports available for review.
The board reviewed letters and correspondence resulting from the July 2009 meeting.
lV. Legal Discussion: Individual Complaints/investigations are listed numerically. The board did not necessarily take action in the order listed below:
Complaints and legal concerns:
The board reviewed correspondence involving complaints resulting from action taken at the meeting of July 9, 2009.
Information on open complaints:
The Board’s Investigative Committee, which is composed of Board Members
Young and C. Smith with legal assistance provided by Assistant Attorney General (litigation) Steve Phillips and administrative assistance by Executive Secretary Smith, met Wednesday, October 7, 2009 at 3:00 p.m. to discuss and make recommendations on open complaints. Investigative Committee recommendations are included with the following individual complaints.
#09-03–(Bedene-Holroyd) To close the file. Carried. The licensee was advised that better attention to detail would have avoided the situation from occurring. The complaint involved the funding of a prefinanced funeral agreement.
#09-10–No action necessary at this time. The file will remain open until a related criminal case has been finalized.
#09-13–(Bedene-Holroyd) To close the file. Carried. The complaint involved fraudulent, deceptive and misleading advertising resulting in the board notifying these two competing funeral homes that continued allegations against each other create the perception of juvenile and unprofessional conduct. Each party needs to attempt to get along with each other and do a better job of communicating with one another. Both parties were given an opportunity to present their views of this on-going situation as the Investigative Committee sent them each letters requesting information and mentioned the number of complaints filed by and against each party explaining that if the situation went to hearing that all employees of each funeral home may be subpoenaed to testify in front of the KSBMA’s Hearing Panel.
#09-19–(Bedene-Holroyd) To close the file. Carried. The complaint involved unprofessional conduct. There were no violations.
#09-21–(Bedene-Holroyd) To close the file. Carried. The complaint involved unlicensed activity and fraudulent/deceptive/misleading advertising. Advertising on the web site has been corrected.
#09-22–(Bedene-Holroyd) To close the file. Carried. The complaint involved unprofessional conduct.
#09-23–(Bedene-Holroyd) To close the file. Carried. The complaint involved failure of the out-of-state preneed provider to perform contractual duties for a death that occurred in the State of Kansas. An owner of this out-of-state entity visited with the board’s executive secretary and agreed to pay the cost of the additional charges amounting to $2,984.99. The consumer expressed appreciation for the board’s willingness to assist him regarding this situation.
#09-24–(Bedene-Holroyd) To close the file. Carried. The complaint involved fraudulent/deceptive/misleading advertising and unlicensed activity. There were no violations.
#09-26–(Bedene-Holroyd) To close the file. Carried. The complaint involved unprofessional conduct relating to at-need funeral arrangements. There were no violations.
#09-27–(Bedene-Holroyd) To close the file. Carried. The Investigative Committee issued a Summary Order placing conditions on the individual’s assistant funeral director license for the length of time his Missouri funeral director and funeral establishment licenses are on probation–originally for five (5) years. The complaint involved forging a signature on a Missouri death certificate. The Missouri State Board of Embalmers and Funeral Directors has been notified. The Kansas conditions on this assistant funeral director license will be lifted once the Missouri probation has been lifted–following the filing of appropriate paper with the executive secretary of the KSBMA.
#09-28–No action necessary at this time.
#09-29–(Bedene-Holroyd) To close the file. Carried. The licensee has put up Closed for Business signs large enough that they can be read from the street. Carried. The complaint involved fraudulent/ deceptive/misleading advertising.
#09-30–(Bedene-Holroyd) To close the file. Carried. The licensee and consumer were notified that better attention to detail and clearer communication could have avoided the situation from occurring. The complaint involved unprofessional conduct with at-need funeral arrangements.
#09-31–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves filing of prefinanced funeral agreements with the KSBMA.
#09-32–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations. Carried. The complaint involves unprofessional conduct.
#09-33–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations. Carried. The complaint involves unprofessional conduct.
#09-34–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations. Carried. The complaint involves unprofessional conduct.
#09-35–No action necessary at this time.
#09-36–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations. Carried. The complaint involves two prefinanced funeral agreements funded with an insurance product.
#09-37–No action necessary at this time.
#09-38–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves the possibility of unlicensed activity.
#09-39–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves the possibility of unprofessional conduct.
#09-40–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves fraudulent, deceptive, misleading advertising in the white business pages of a local telephone book.
#09-41–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves fraudulent, deceptive, misleading advertisement on an internet web site for funeral homes.
#09-42–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves fraudulent, deceptive, misleading advertisement on a funeral home’s web site.
#09-43–No action necessary at this time.
(Bedene-Young) To approve the updated list of Board Actions. Carried. The list will now be updated on the KSBMA web site as well as on the list maintained internally.
The board reviewed their executive secretary’s response to the Joint Committee on Administrative Rules and Regulations (JCARR) regarding the process used by the KSBMA during the process of promulgating regulations. Assistant Attorney General Nohe provided input on the reason for the letter.
The board reviewed and discussed information regarding National Prearranged Services (NPS) and Lincoln Memorial Life Insurance Company. The insurance company remains in receivership. Information is updated on the KSBMA web site once it becomes available. KFDA Executive Director Pam Scott reported the possibility of at least one (1) case in Kansas where funds were not converted into an insurance product where the receiver is refusing to fund the product.
Assistant Attorney General Nohe left the meeting.
V. Legislative Discussion
The board reviewed and discussed possible legislation to be considered for introduction during the 2010 Kansas Legislative Session. A draft legislative proposal was provided to the board and KFDA Executive Director Pam Scott by Mr. Smith relating to cremation. The proposal was discussed with some conceptual changes recommended by the board. Once these changes are made by Mr. Smith and reviewed by Assistant Attorney General Nohe, copies will be provided to the Kansas Funeral Directors Association and the KSBMA for purposes of discussion at the next KSBMA board meeting on January 14, 2010. A decision on language for the bill will be made at the January board meeting following discussion among all interested parties.
KFDA Executive Director Scott met with the board to discuss a situation in which the KFDA believes constitutes unlicensed activity. Ms. Scott presented a letter to the board requesting that the board make a request for a formal Attorney General Opinion concerning whether certain acts constitute the business of funeral directing pursuant to Kansas law, and therefore, can only be conducted by a licensed funeral director. The acts in question involve the offering of cremation services directly to the public.
(Bedene-Holroyd) To request an attorney general’s opinion regarding duties being performed by a cremation society in conjunction with a licensed funeral establishment to determine if those activities constitute unlicensed activity. Roll Call vote: Bedene, Young and Holroyd–Yes; C. Smith–No. Carried, 3-1.
Ms. Scott addressed the board regarding proposed legislation relating to funeral director actions/responsibility and licensure as well as proposed legislation relating to prefinanced funeral agreements. The association provided copies of their proposals to the board.
KFDA Executive Director Scott left the meeting.
VI. Board Business:
1) (Young-C. Smith) To approve the quarterly lists of continuing education (CE.) Carried. One list contains correspondence/home study programs. Both of these lists of approved continuing education programs are regularly updated and are available on the board’s web site on the internet and are mailed to licensees not having internet access on a quarterly basis.
2) (C. Smith-Young) To approve the list of lapsed licenses as amended. Carried. The list is a part of these minutes and contains the names of individuals whose license renewals are past due for longer than six months, who have requested that their licenses be dropped, or who have died. Fourteen (14) assistant funeral director licenses, nine (9) funeral director licenses and eight (8) embalmer licenses were on the list due to a number of reasons, including: no longer employed, personal request, nonpayment of renewal fees and death. Information is provided for a number of reasons, including use by the Office of Vital Statistics (OVS) for purposes of licensure verification as used on death certificates.
3) The board reviewed the list of automatically suspended licenses. This list contains the names of individuals who have not paid their license renewal fees by the appropriate due date and have not requested that their licenses be dropped. Once a license is six months in arrears, it is then automatically placed on the lapsed license list for purposes of being dropped. Seven (7) embalmer licenses, and ten (10) funeral directors were included on this list for the months with renewals due by the end of January, February, March, April, May, and June of 2009.
4) (Bedene-C. Smith) To approve the FY 2010 first quarter (July 1-September 30, 2009) Report of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. 187 inspections were conducted during the quarter including three (3) violations relating to failure to display licenses and preparation room issues were noted.
5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 23 apprentices are currently registered with the board at this time, including: fifteen (15) embalmer-funeral directors, three (3) embalmers and five (5) funeral directors.
6) Discussion of news articles relating to the funeral profession that has been provided to board members and legal counsel for their review.
7) Regularly scheduled 2010 board meeting dates are: January 14, April 8, July 8 and October 14.
8) The board signed travel vouchers and licenses.
VII. Executive Secretary's Report:
1) Budget Update–The board reviewed the budgets for FY 2010 and FY 2011 that were submitted to the Division of Budget by the filing deadline of September 15, 2009. The budget request for current FY 2010 remains $271,510. The budget request for FY 2011 is $275,039. The Division of the Budget (DOB) will make their recommendations followed by Governor Parkinson’s recommendation announced during his State of the State Address at the beginning of the 2010 Legislative Session. The Legislature will review and make their decision on the budgets which must then be signed by the Governor.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB).
a) Executive Secretary Smith will represent the board at the 2010 ICFSEB’s Annual Convention in Los Angeles, California on February 25-26, 2010.
b) The August 2009 Update newsletter was reviewed.
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
a) Mr. Smith did not attend the Annual CLEAR Conference that was held on September 10-12, 2009 in Denver, Colorado due to budget reductions and scheduling conflicts.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Mr. Smith did not attend the 2009 FARB Attorney Certification Seminar (ACS) that was held on October 2-4, 2009 in Chicago, Illinois due to budget reductions and scheduling conflicts.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) Mr. Smith presented a KSBMA Update at the Fall District Meetings at six (6) locations around the state on September 1-3 and 8-10, 2009. He presented the board with a written report of his presentation with notes on all meeting activities. Mr. Mills and Ms. Kirkham were able to attend one meeting each.
6) New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.
a) There were 73,464 successful requests/hits on the KSBMA web site for the month of September 2009.
b) Kansas.gov continues to work on setting up the entire KSBMA renewal process so that it will be able to be performed on-line with a tentative effective date of February 2010 at no cost to the agency. Currently, license renewals can be paid on-line but are not final until all paperwork has been filed with the board.
7) The board discussed information pertaining to the National Funeral Directors Association (NFDA).
a) Due to budget reductions and scheduling conflicts, Mr. Smith will not attend the NFDA’s 2009 Annual Convention to be held on October 25-28, 2009 in Boston, Massachusetts.
b) The ICFSEB provided the KSBMA with a copy of the NFDA’s Preneed Ratings which were discussed and reviewed. The KFDA is planning on requesting introduction for changes to address some of the concerns in the NFDA report.
8) Updated information from the Federal Trade Commission (FTC) regarding the Funeral Rule was discussed, including recently introduced federal legislation that would, among several things, amend the current rule to include cemeteries in a bill titled The Bereaved Consumer’s Bill of Rights Act of 2009.
9) Updated information from the American Board of Funeral Service Education (ABFSE.)
10) Updated information from the Cremation Society of North America (CANA). An individual associated with CANA reviewed the KSBMA’s initial draft of proposed cremation legislation discussed earlier in the meeting.
11) Updated information from the Funeral Ethics Association (FEA).
12) Updated information from the Funeral Consumer Alliance (FCA).
13) Updated information from the Funeral Consumer’s Alliance of Greater Kansas City.
a) The board continues to provide informational brochures to this organization as budgetary restraints permit at the discretion of Executive Secretary Smith.
14) Updated information from the Funeral Ethics Organization (FEO).
15) Updated information from the American Society of Embalmers (ASE.)
16) Updated information from the Kansas Department of Health and Environment (KDHE), Office of Vital Statistics (OVS.)
17) Updated information from the Kansas City Kansas Community College (KCKCC) Mortuary Science Program. Mr. Smith met with KCKCC Mortuary Science Director Wiley Wright, who provided the board copies of:
a) The 2009-2010 Student Handout Guide
b) The 2008-2009 Mortuary Science Information Guide
18) New Agency Copier Lease–Information was provided to the board by Mr. Smith as the agency will now be able to do more of the printing internally instead of having to contract out for copies and some products. With the ability to print to the copier from office computers, printers and the price for replacing printer cartridges can also be decreased and in some cases eliminated–resulting in a savings to the agency over an undetermined period of time.
VIII. Board Interviews with Applicants for Licensure:
Embalmer-Funeral Director Applicant: Mr. James A. “Austin” Ledford
(Young-Bedene) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $105.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $30.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Mr. Ledford is scheduled to complete his embalming and funeral directing apprenticeships at Meyers Funeral Chapel Northland in Parkville, Missouri on October 24, 2009. Once issued, the renewal date for both licenses would be December 31, 2010. He attended Moberly Area Junior College in Moberly, Missouri and earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Funeral Director Applicant: Ms. Eleanor “Willow” Navarro
(Bedene-C. Smith) To grant a funeral director license upon passing the written funeral directors’ examination, which will be administered later today and an initial license fee of $34.00. Carried. Ms. Navarro completed her funeral directing apprenticeship at Resthaven Mortuary in Wichita, Kansas on September 5, 2009. Once issued, the renewal date for her funeral director license would be February 28, 2011. Ms. Navarro attended Pratt Community College in Pratt, Kansas and earned an Associate in Applied Science Degree in Funeral Service at the Dallas Institute of Funeral Service in Dallas, Texas. Ms. Navarro recently began serving her embalming apprenticeship–also at Resthaven Mortuary in Wichita, Kansas.
Funeral Director Applicant: Mr. Jerry Matthew “Matt” Witt
(Bedene-Young) To grant a funeral director license upon payment of an initial license fee of $232.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Witt completed his funeral directing apprenticeship at Cheney-Witt Chapel in Fort Scott, Kansas on September 19, 2009. Once issued, the renewal date for his funeral director license would be November 30, 2011. Mr. Witt attended Fort Scott Community College in Fort Scott, Kansas and earned a Bachelor of Science Degree in Business Administration at Pittsburg State University in Pittsburg, Kansas.
Reciprocal (Missouri) Embalmer Applicant: Mr. David M. Bratton
(Bedene-C. Smith) To grant a reciprocal embalmer license upon payment of an initial license fee of $35.00. Carried. Mr. Bratton was licensed in Missouri as an embalmer on July 7, 2004. Once issued, the renewal date for the embalmer license would be February 28, 2010. Mr. Bratton attended Garden City Community College in Garden City, Kansas, Highland Community College in Highland, Kansas and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He passed the National Examination on September 14, 2002.
Reciprocal (Nebraska) Embalmer-Funeral Director Applicant: Mr. Alan D. Anson
(Young-C. Smith) To grant a reciprocal embalmer license upon payment of an initial license fee of $28.00 and to grant a funeral directors’ license upon payment of an initial license fee of $38.00 and passing the written examination, which will be administered later today. Carried. Mr. Anson was licensed in Nebraska as an embalmer-funeral director on July 26, 1990. Once issued, the renewal date for the licenses would be January 31, 2010. Mr. Anson attended Platte College in Columbus, Nebraska and earned an Associate in Science Degree in Funeral Service at Gupton-Jones College of Funeral Service Atlanta, Georgia. He passed the National Examination on October 2, 1984.
Assistant Attorney General Camille Nohe re-entered the meeting.
Reciprocal (Missouri) Embalmer Applicant: Mr. Gary J. Penrod
(Bedene-Young) To grant a reciprocal embalmer license upon payment of an initial license fee of $133.00. Carried. Mr. Penrod was licensed in Missouri as an embalmer on March 31, 1993. Once issued, the renewal date for the embalmer license would be April 30, 2011. Mr. Penrod attended Longview Community College in Kansas City, Missouri and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He passed the National Examination on March 10, 1992.
Assistant funeral director applicant Terry L. Roberts and licensee James R. “Rodney” Meacham entered the meeting.
Assistant Funeral Director Applicant: Ms. Terry L. Roberts
The board met with applicant Roberts and licensee James R. “Rodney” Meacham–who would be the supervising funeral director of Ms. Roberts if the assistant funeral director license and funeral directing apprenticeship is granted or if the assistant funeral directors’ application is granted and Ms. Roberts passes the written assistant funeral director examination. The circumstances regarding the proposed apprenticeship were discussed by all parties. Ms. Roberts will provide the board a letter containing more information regarding how she proposes to serve a funeral directing apprenticeship. Once that letter has been received by the board, they will consider all information and make a decision.
Ms. Roberts and Mr. Meacham left the meeting.
IX. New/Old/Remaining Business/Adjournment
(Young-C. Smith) To adjourn–subject to recall by the president, vice president or executive secretary. Carried. The date of the next regularly scheduled board meeting is scheduled for Thursday, January 14, 2010.
At approximately 1:30 p.m. Executive Secretary Smith read instructions to the funeral directors’ examinee applicants prior to the administration of the funeral directors’ examination which was proctored by Inspector Francis Mills in the Florentine Room of the Jayhawk Tower. The results of that examination are a part of these minutes.
Respectfully submitted:
Mack Smith, Executive Secretary
Fred G. Holroyd, President
Thursday, January 14, 2010