KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, October 9, 2008
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.
Thursday, October 9, 2008:
I. 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; Board Member Melissa A. Wangemann, Topeka, consumer, 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/Vice President William H. “Bill” Young was reappointed to a second three-year term by Governor Kathleen Sebelius. Mr. Young was sworn in with the Oath of Office and was congratulated by all in attendance.
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.
(C. Smith-Bedene) To approve a final agenda for this meeting. Carried.
(Bedene-Young) To adopt the July 10, 2008 regularly scheduled board meeting minutes as amended. Carried. These minutes will be displayed on the board’s website.
The board reviewed results of the written funeral directors’ examination administered on July 10, 2008 noting that 82% (nine of eleven applicants) were successful. Also reviewed were four (4) exit comments from examinees with no action taken.
The board reviewed results of the written assistant funeral directors’ examination administered in August, September and October 2008 noting that 100% (five of five applicants) were successful.
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: four (4) embalmer-funeral director applicants, one (1) reciprocal embalmer-funeral director applicant and one (1) embalmer by endorsement/reciprocal funeral director applicant. One applicant will be retaking the written funeral directors’ examination. A total of seven (7) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.
II. The board reviewed individual applications for embalmer and funeral director licensure along with the executive secretary’s summations of the applicant’s 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 Senate Room of the Jayhawk Tower.
All 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 third quarter progress reports of an apprentice embalmer-funeral director and took no action. The executive secretary called the supervising licensee and suggested a meeting between the supervisor and apprentice.
lII. 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 10, 2008.
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 8, 2008 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#06-34–No action necessary at this time.
#08-12–(Bedene-Wangemann) After reviewing correspondence to close the file. Carried. The complaint involves unprofessional conduct, duplication of removal and embalming charges. There were no violations. Both parties were notified accordingly.
#08-13–(Bedene-Wangemann) After reviewing correspondence to close the file. Carried. The complaint involves unprofessional conduct. There were no violations. Both parties were notified accordingly.
#08-14 & #08-15–(Bedene-Wangemann) After reviewing all information to close the file. Carried. This assistant funeral director received public censure and a fine of $250.00 based on violations of KAR 63-3-17 (c). The assistant funeral director and supervising funeral director were also notified that better communication and attention to detail would have avoided this situation from occurring. Copies of these letters were provided to the consumers that filed the complaints. These two complaints involve the payment of a prefinanced funeral agreement, unprofessional conduct relating to an unauthorized request for a memorial contribution, failing to provide a signed statement at the conclusion of the at-need arrangement conference and unprofessional conduct exhibited regarding final disposition.
#08-16–(Bedene-Wangemann) After reviewing correspondence to close the file. Carried. While there were no violations, the licensee and preneed counselor were notified that better communication and attention to detail would have avoided this situation from occurring with copies to the consumer. The complaint involves unwanted solicitation.
#08-17–(Bedene-Wangemann) After reviewing correspondence to close the file. Carried. The complaint involves unprofessional conduct relating to at-need funeral arrangements and services. Both parties were notified accordingly.
#08-18–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations. Carried. The assistant funeral director and supervising funeral director will be notified that better communication would have avoided the situation. The complaint involves unprofessional conduct in the failure of the funeral home to deliver cremated remains to the cemetery as promised and providing the family false information.
#08-19–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations and to notify both parties accordingly. Carried. The complaint involves the possibility of unlicensed activity.
#08-20–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations and to notify both parties accordingly. Carried. The complaint involves trusting concerns of a prefinanced funeral agreement.
#08-21–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations and to notify the licensee accordingly. Carried. The complaint involves fraudulent/deceptive/misleading advertising on a funeral home’s web site.
#08-22–No action necessary at this time.
#08-23–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations and to notify the licensee accordingly. Carried. The complaint involves fraudulent/deceptive/misleading advertising.
#08-24–No action necessary at this time.
#08-25–No action necessary at this time.
The board reviewed and discussed information regarding National Prearranged Services (NPS) and Lincoln Memorial Life Insurance Company. The objections to the Liquidation Plan appear to have been resolved/withdrawn in a September 15, 2008 hearing. The Liquidation Order was issued on September 22, 2008 but will take thirty (30) days to go through the appeal process with the Liquidation Order scheduled to become effective on October 23, 2008–which would then become the date that the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA) would be able to start the process of paying claims. The board has 3,910 prefinanced agreements on file for Lincoln Memorial Life Insurance Company totaling $18,587,658.97 at this time.
(Bedene-Young) To adopt the updated list of Board Actions. Carried.
The board reviewed an Update Board Orientation Document provided by the Kansas Attorney General’s Office. The document contains updates to the Kansas Open Meetings Act (KOMA) and the new standard of review in the Kansas Administrative Procedure Act (KAPA).
The board reviewed an assistant funeral director application and directed the executive secretary to notify the applicant that the application would be considered at the next meeting. The application was submitted after the filing deadline for this meeting had passed.
IV. Legislative Discussion
The board discussed possible legislation to propose for introduction during the upcoming 2009 Kansas Legislative Session. Topics discussed were:
Training/continuing education for crematory operators;
Individual licensure of crematory operators, and
Recycling Prosthetic Implants.
The board directed their executive secretary to do some additional research and to provide a draft of possible legislation at the January 2009 meeting. Assistant Attorney General Nohe will review the draft.
V. Board Business:
1) (Bedene-Young) 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-Wangemann) 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 or who have requested that their licenses be dropped. Licensees who have died during the past quarter are also included on this list for informational purposes.
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. The board authorized the executive secretary to change the current format being used by changing from six monthly reminder letters to one letter–informing individuals that the letter will be the only reminder provided. Licensees will continue to receive their renewals approximately two (2) months prior to the due date and a reminder letter on the 15th of the month prior to the due date if the renewal has not been filed by that time–along with one (1) late letter instructing that late fees should be filed within six (6) months of the due date before the license will be automatically dropped.
4) (Bedene-Wangemann) To approve the FY 2009 first quarter (July 1-September 30, 2008) Inspection Report of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. 162 inspections were conducted during the quarter including inspections of one new funeral establishment, one new branch funeral establishment, one new crematory and two new preparation rooms.
5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 28 apprentices are currently registered with the board at this time, including: fifteen (15) embalmer-funeral directors, one (1) embalmer and twelve (12) 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) Upcoming Year 2009 Board meeting dates: January 8, April 9, July 9, and October 8, 2009.
8) The board signed travel vouchers and licenses.
9) The board reviewed recent changes and additions to licensed funeral establishment and branch establishment licenses.
10) The board reviewed press releases relating to the Election of Officers at the July meeting and the reappointment of Board Member Young by Governor Sebelius.
11) An updated Roster of Board Members and Administrative Staff was reviewed.
12) An updated Roster of Kansas Largest Corporations was reviewed.
13) An updated Roster of Board Appointments was reviewed.
VI. Executive Secretary's Report:
1) Budget Update
a) The KSBMA budget approved by the 2008 Kansas Legislature and Governor Sebelius for FY 2009 is $276,605. The adjusted amount submitted by the KSBMA on September 15, 2008 to the Division of the Budget (DOB) was $302,088, which includes the addition of $25,483 in Kansas Savings Incentive Funds (which includes 50% of unspent funds from FY 2008 and remaining KSIP funds unused in FY 2008) and the reduction of $5,532, which represents a cut of 2% as was requested by the Governor. The agency was able to come in approximately $21,800 under budget in FY 2008. The board has requested the transfer of $16,015 from KSIP funds included with the FY 2009 budget to the Mortuary Arts Fee Fund–which would result in a budget of $286,073 for FY 2009–which would represent an overall reduction of approximately $21,547. The board will reduce paper consumption 20% by 2010 pursuant to the August 5, 2008-letter to agency heads from Governor Sebelius and Lieutenant Governor Mark Parkinson. The board has no change packages in any of their budget requests, has not requested any new funds and does not receive any Homeland Security Funds.
b) KSBMA budget requests submitted to the Division of the Budget by the filing deadline of September 15, 2008, were: $282,550 for FY 2010 and $295,039 for FY 2011. The Governor will announce budget amounts with her State of the State Address at the beginning of the 2009 Kansas Legislative Session.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB).
a) Mr. Smith will represent the KSBMA at the ICFSEB’s 2009 105th Annual Convention
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
a) Due to budget reductions and a scheduling conflict, Mr. Smith did not attend the Annual Convention held in Anchorage, Alaska on September 25-27, 2008.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Executive Secretary Smith represented the KSBMA at the 16th Annual Attorney Certification Seminar (ACS) on October 3-5, 2008 in Colorado Springs, Colorado and provided the board with a report of the seminar for their review.
b) Mr. Smith will represent the KSBMA at the 23rd Annual FARB Forum in January 2009.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) Mr. Smith co-presented at the business sessions at the 2008 Fall District Meetings in September 2008 with a session addressing common situations presented to licensees during the course of handling daily business. A report and copy of information were provided by Mr. Smith.
b) Mr. Smith attended the September 3, 2008 KFDA Legislative Committee Meeting and provided a report of the meeting.
6) New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.
a) The board reviewed the updated Licensee Question of the Month.
7) The board discussed information regarding the National Funeral Directors Association (NFDA). Mr. Smith will not be attending the upcoming National Convention to be held in Orlando, Florida.
8) The Federal Trade Commission’s (FTC) Funeral Rule was discussed. Review of the Rule was recently completed with no changes made.
9) Updated information from the American Board of Funeral Service Education (ABFSE.)
10) Updated information from the Cremation Society of North America (CANA).
a) Information pertaining to the recycling of prosthetic implants was reviewed.
b) Kansas licensee Rick Wiseman of Kansas City, Kansas was recently elected to the CANA Board of Directors.
11) Updated information from the Funeral Ethics Association (FEA).
a) The July 2008 Newsletter was discussed.
12) Updated information from the Funeral Consumer Alliance (FCA).
13) Updated information from the Funeral Consumer’s Alliance of Greater Kansas City. The KSBMA continues to provide this organization with informational brochures and memorial planning guides at no cost and will continue to do so as long as possible–to be determined by the board’s executive secretary.
14) Updated information from the Funeral Ethics Organization (FEO).
a) The Spring-Summer 2008 Newsletter was discussed.
b) Mr. Smith noted he has resigned his position on the FEO Board.
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.)
a) The implementation date of the Kansas Electronic Death Registration System (EDRS) is scheduled for June 2009. Executive Secretary Smith is a member of the Steering Committee. In January 2008 the vendor contract was awarded to ManTech, the vendor that was used for the last re-engineering project, including the web-based system for entering birth certificates and the funeral home’s portion of death certificates.
17) Updated information from the Kansas City Kansas Community College Mortuary Science Advisory Board. On September 18, 2008, Mr. Smith met with KCKCC Program Director Wiley Wright to discuss new procedures implemented January 1, 2008 at the mortuary college.
18) Updated information from the Mass Fatality Planning Task Force. Mass Fatalities after a Disaster Message Maps continues to be a work in progress.
19) KSBMA Presentations: Mr. Smith presented “Helping Families Face Final Arrangements” to the North Topeka, Kansas Kiwanis on Wednesday, July 30, 2008. He is scheduled to make a similar presentation to the Resource Center for Independent Living on October 14, 2008 in Topeka. Presentation information was reviewed and discussed by the board.
VII. Board Interviews with Applicants for Licensure:
Embalmer by Endorsement-Reciprocal (Nebraska) Funeral Director Applicant: Mr. Vincent G. “Vince” Kavanaugh
(Wangemann-Bedene) To grant an embalmer by endorsement license upon payment of an initial license fee of $182.00 and a reciprocal funeral director license upon payment of an initial license fee of $247.00 and passing the written funeral director examination, which will be administered later today. Carried. Once issued, the renewal date for both licenses would be November 30, 2010. Mr. Kavanaugh has been licensed in Nebraska since 1996. He attended Western Iowa Tech Community College in Sioux City, Iowa and Kansas City Kansas Community College in Kansas City, Kansas. He passed the National Board Examination (NBE) in 1995 and is employed at Belden-Larkin Funeral Home in Leavenworth, Kansas.
Embalmer-Funeral Director Applicant: Mr. Jason A. Baalmann
(Bedene-Young) To grant an embalmer license upon payment of an initial license fee of $119.00 and to grant a funeral director license upon payment of an initial license fee of $34.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Baalmann completed his embalming and funeral directing apprenticeships at Ryan Mortuary in Salina, Kansas on October 4, 2008. Once issued, the renewal date for both licenses would be February 28, 2010. Mr. Baalmann earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer-Funeral Director Applicant: Ms. Sarah E. Gulickson
(Young-Wangemann) To grant an embalmer license upon payment of an initial license fee of $154.00 and to grant a funeral director license upon payment of an initial license fee of $44.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Gulickson completed her embalming and funeral directing apprenticeships at Johnson County Funeral Chapel in Overland Park, Kansas on September 15, 2008. Once issued, the renewal date for both licenses would be July 31, 2010. Ms. Gulickson earned a One-Year Certificate in Adult Health Care at Barton County Community College in Great Bend, Kansas and earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer-Funeral Director Applicant: Mr. Blayne R. Rons
(Wangemann-Bedene) To grant an embalmer license upon payment of an initial license fee of $63.00 and to grant a funeral director license upon payment of an initial license fee of $18.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Rons completed his embalming and funeral directing apprenticeships at Dengel and Son Mortuary in Ottawa, Kansas on October 9, 2008 (today). Once issued, the renewal date for both licenses would be June 30, 2009. Mr. Rons attended Pittsburg State University in Pittsburg, Kansas and earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer-Funeral Director Applicant: Ms. Rebecca L. Wichert
(Bedene-Wangemann) To grant an embalmer license upon payment of an initial license fee of $98.00 and completion of apprenticeship and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $28.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Ms. Wichert is scheduled to complete her embalming and funeral directing apprenticeships at Cochran Mortuary in Wichita, Kansas on October 23, 2008. Once issued, the renewal date for both licenses would be November 30, 2009. Ms. Wichert earned an Associate of Applied Science (AAS) Degree in Funeral Science at the Commonwealth Institute of Funeral Service in Houston, Texas.
Reciprocal (Missouri) Embalmer-Funeral Director Applicant: Mr. Richard L. Meister
(C. Smith-Wangemann) To grant a reciprocal embalmer license upon payment of an initial license fee of $28.00 and to grant a reciprocal funeral director license upon payment of an initial license fee of $38.00 and passing the written funeral director examination which will be administered later today. Carried. Once issued, the renewal date for both licenses would be January 31, 2009. Mr. Meister has been licensed in Missouri as an embalmer since 2003 and as a funeral director since 2002. He attended Highland Community College in Highland, Kansas and graduated from Kansas City Kansas Community College with an Associate in Applied Science degree in Mortuary Science. He is employed at Amos Family Funeral Home in Shawnee, Kansas.
VIII. New/Old/Remaining Business/Adjournment
(Wangemann-Bedene) 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 8, 2009.
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:
Fred Holroyd, President
Thursday, January 8, 2009