KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, April 10, 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, April 10, 2008:
I. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Barry W. Bedene.
Roll call by Executive Secretary Mack Smith with the following board members in attendance: President Barry W. Bedene, Arma, licensee; Vice President Fred G. Holroyd, Topeka, licensee; Board Member Melissa A. Wangemann, Topeka, consumer; Board Member Charles R. Smith, Overland Park, consumer, and William H. “Bill” Young, Lake Quivira, licensee. The board’s Executive Secretary, Mack Smith was 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-Young) To approve a final agenda for this meeting. Carried.
(Holroyd-Wangemann) To adopt the January 10, 2008 regularly scheduled board meeting minutes as amended. Carried. Now that they have been approved by the board, these minutes will be displayed on the board’s website.
The board reviewed results of the written funeral directors’ examination administered on January 10, 2008 noting that 50% (two of four applicants) were successful. The board reviewed information provided by three examinees on the “Exit” application from this funeral director’s examination (which allows an opportunity for applicants to express their thoughts on the examination and examination process) along with the agency’s response to one applicant with no additional action taken.
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, two (2) embalmers and one (1) funeral director. A total of four (4) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting, including two (2) applicants retaking the test.
Assistant Attorney General Camille Nohe entered the 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 Florentine 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 reviewed, including:
The board reviewed concerns expressed by a supervising licensee of an apprentice embalmer-funeral director. After discussion, it was decided that no action was necessary at this time.
The board reviewed the first quarter progress reports of an apprentice embalmer-funeral director. (Wangemann-C. Smith) To notify the apprentice and supervising licensee that their first quarter progress reports do not reflect enough time being spent on funeral directing activities. Carried. The apprentice and supervising licensee will be advised to increase funeral directing activities. The board directed Mr. Smith to ask where the apprentice intends to perform funeral directing activities and to ask the supervising funeral director where the 30% of funeral directing activities mentioned in the first quarter report were being performed. The apprentice and supervising licensee will be required to submit an object skills report for funeral directing for all future quarters of apprenticeship.
The board reviewed the second quarter progress reports of an apprentice embalmer-funeral director. (Holroyd-C. Smith) To advise the apprentice that more embalming needs to occur in future quarters. Carried. A copy of the letter will be provided to the supervising licensee.
The board reviewed the progress reports of an apprentice embalmer-funeral director with concerns regarding full-time employment. Due to clarification by the supervising licensee in response to a letter sent by the board’s executive secretary, no action was necessary.
lII. Legal Discussion: Individual Complaints/investigations are listed numerically. The board did not necessarily take action in the order listed below:
Complaint and correspondence information and discussion:
The board reviewed correspondence involving complaints resulting from action taken at the meeting of January 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, April 9, 2008 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#06-09–No action necessary at this time.
#06-34–No action necessary at this time.
#07-20–No action necessary at this time.
#07-36–(C. Smith-Young) To adopt the recommendations of the Investigative Committee and close the file. Carried. The complaint involves the failure to file a Missouri death certificate in a timely manner by a former Missouri and Kansas licensee.
#07-38–(Wangemann-Holroyd) To close the file. Carried. The complaint involves failure of the funeral home to file a death certificate in a timely manner.
#07-39–(Wangemann-Holroyd) To close the file. Carried. The complaint involves uninvited solicitation.
#07-41–No action necessary at this time.
#07-42–(Wangemann-Holroyd) To close the file. Carried. The complaint involves unprofessional conduct.
#07-43–(Wangemann-Holroyd) To close the file. Carried. The complaint involves failure to file a death certificate in a timely manner.
#07-44–(Wangemann-Holroyd) To close the file. Carried. The complaint involves unprofessional conduct.
#07-47–(Wangemann-Holroyd) To close the file. Carried. While no violations were noted, the licensee was notified that better communication and better attention to detail would have avoided the situation from occurring. The funeral home refunded $1,140.00 due to the family’s dissatisfaction of services provided. The complaint involves unprofessional conduct.
#07-49–(Wangemann-Holroyd) To close the file. Carried. The complaint involves unprofessional conduct by this licensee for not paying for funeral services provided by another funeral home on four separate occasions.
#07-50–(Wangemann-Holroyd) To close the file. Carried. The licensee was reminded of the provisions contained in KAR 63-3-17 and KSA 16a-2-403. The funeral home refunded $100.51 to the family. The complaint involves unauthorized charges added onto a consumer’s credit card.
#08-01–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties of no violations. Carried. The complaint involves the value of a prefinanced funeral agreement at the time of death and failure of the funeral home to provide the family a statement at the time of arrangements or prior to providing services and merchandise.
#08-02–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties of no violations. Carried. The complaint involves the transfer of a prefinanced funeral agreement upon death.
#08-03–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties of no violations. Carried. The complaint involves unprofessional conduct; failure of the funeral home to allow a co-legal next-of-kin to be involved with the funeral arrangement process for the death of a minor child.
#08-04–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves unauthorized solicitation of an insurance funded prefinanced funeral agreement.
#08-05–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties that better communication would have avoided the situation from occurring. Carried. The complaint involves unprofessional conduct.
#08-06–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves illegal advertising of a formerly licensed funeral establishment that has since been eliminated.
#08-07–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify the funeral home that better judgment and communication would have avoided the situation from occurring. Carried. The complaint involves the length of time after death for cremating an unembalmed body.
#08-08–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties that better judgment and communication would have avoided the situation from occurring. Carried. The complaint involves unprofessional conduct.
#08-09–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties of no violations. Carried. The complaint involves unprofessional conduct.
#08-10–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves the funding and transfer of a prefinanced funeral agreement.
#08-11–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves fraudulent/misleading deceptive advertising.
#08-12–No action necessary at this time.
Assistant Attorney General Camille Nohe left the meeting.
IV. Legislative/Legal Update
The board reviewed a roster of 2007-08 Legislation affecting the board and funeral service, including:
• House Substitute for Senate Bill 226–The Kansas Funeral Privacy Act. Concerns funeral picketing. Passed both the House and Senate and was signed by Governor Sebelius. Effective upon publication in the Kansas Register.
• Senate Bill 450–Prohibits the investment of cemetery permanent maintenance funds. Passed both the House and Senate and has been approved by Governor Sebelius. Effective upon publication in the statute book (July 1, 2008.)
• Senate Bill 534–The State’s Mega Bill that contains FY 2009 budget information for all state agencies including the KSBMA. The bill has passed the Senate and House and will be presented to Governor Sebelius for her consideration. The bill does not include all salary considerations which will be considered by the legislature during the upcoming Omnibus portion of the legislative session. Both the House and Senate are scheduled to reconvene on Wednesday, April 30, 2008 at 10:00 a.m.
• Senate Bill 682–Relating to final disposition. The bill would amend KSA 65-1734. Remains in committee.
• Senate Bill 687–Burial of unclaimed cremated remains of veterans. Remains in committee.
• Senate Substitute for House Bill 2341–Disposition of fetal remains. Remains in committee.
• Substitute for House Bill 2618–Involves Administrative Procedure. Would require state agencies to use the Office of Administrative Hearing (OAH) when prosecuting disputed actions/adjudicative hearings. The bill was referred back to the senate committee.
• House Bill 2656–Authorizes certain cemetery corporations to convey real estate not platted into cemetery lots free from trust restrictions. Would appear to apply to one specific cemetery, Mount Hope, in Topeka. Passed both the House and Senate and has been signed by Governor Sebelius. Effective upon publication in the statute book.
• House Bill 2684–Relates to criminal desecration to cemetery property. Remains in committee.
• House Bill 2768–Removal of dead human bodies from the place of death to federally certified organ procurement organizations. Remains in committee.
• House Bill 2935–Regarding the dissolution of cemetery corporations. Passed the House. Remains in Senate committee.
Changes to the Assistant Funeral Director License were discussed. KAR’s 63-2-26 and KAR 63-4-1 went into effect February 8, 2008.
V. Board Interviews with Applicants for Licensure:
Embalmer Applicant: Mr. Andrew J. “Andy” Mihovk
(Young-Wangemann) To grant an embalmer license upon payment of an initial license fee of $77.00. Carried. Mr. Mihovak completed his embalming apprenticeship at Polley Funeral Home in Excelsior Springs, Missouri on March 22, 2008. Once issued, the renewal date for the embalmer license would be January 31, 2009. Mr. Mihovak earned a Bachelor of Science Degree in Family and Consumer Services at the University of Nebraska-Lincoln in Lincoln, Nebraska and earned an Associate of Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer-Funeral Director Applicant: Mr. David D. Walker
(Bedene-C. Smith) To grant an embalmer license upon payment of an initial license fee of $147.00 and to grant a funeral director license upon payment of an initial license fee of $42.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Walker completed his apprenticeships at Livingston Funeral Home in Kingman, Kansas on March 26, 2008. Once issued, the renewal date for the licenses would be November 30, 2009. Mr. Walker earned a Bachelor of Arts Degree in Sociology at Benedictine College in Atchison, Kansas 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. Ashley M. Naylor
(Young-Wangemann) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $20.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Naylor is scheduled to complete her funeral directing apprenticeship at Bath-Naylor Funeral Home and Crematory in Pittsburg, Kansas on May 9, 2008. Once issued, the renewal date for the funeral directing license would be February 28, 2009. Ms. Naylor earned a Bachelor of Business Administration Degree in Management at Pittsburg State University in Pittsburg, Kansas.
Vl. Board Business:
1) (Wangemann-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-Holroyd) 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.
4) (Young-Wangemann) To approve the FY 2008 third quarter (January 1-March 31, 2008) Inspection Report of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried.
5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 34 apprentices are currently registered with the board at this time: (19) embalmer-funeral directors, (6) embalmers and (9) 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) Meeting dates for remaining 2008 Board meetings are: July 10 and October 9.
8) The board signed travel vouchers and licenses.
9) Update on changes/additions to licensed funeral establishments and branch establishments–The board reviewed a number of changes involving funeral establishment/branch establishment licenses.
10) Statements of Substantial Interest (SSI) are due to be filed with the Secretary of State’s Office by April 30, 2008.
11) An updated Board Roster was reviewed.
VIl. Executive Secretary's Report:
1) Budget Update
a) The budget for FY 2008 recommended by Governor Sebelius is $284,058–which includes the approved budget amount of $267,421 plus $16,637 of KSIP funds carried over from FY 2007.
b) The budget for FY 2009 recommended by Governor Sebelius is $276,617.
c) The FY 2009 budget is in the process of being finalized by the 2008 Kansas Legislature. Initial FY 2009 state agency budgets are contained in Senate Bill 534, known as the State’s Mega Bill, which has passed the Senate and House and will be considered by Governor Sebelius. Any additional salary increases will be considered during the upcoming Omnibus portion of the current legislative session.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB.)
a) Mr. Smith represented the KSBMA at the 104th Annual Convention in San Antonio, Texas on February 27-29, 2008.
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Mr. Smith represented the KSBMA at the 32nd Annual FARB Forum on January 25-27, 2008 in Santa Fe, New Mexico.
b) (Young-C. Smith) To authorize Executive Secretary Smith to represent the KSBMA at the 16th Annual Attorney Certification Seminar (ACS) to be held on October 3-5, 2008 in Colorado Springs, Colorado. Carried.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) 2008 Spring Regional Meetings–Due to scheduling conflicts, Mr. Smith was able to represent the board at one of the four meetings. Inspector Mills was also able to attend one of the meetings. The board reviewed Mr. Smith’s presentation made during the business session of the meeting as well as his summary of the rest of the meeting.
b) The board reviewed a Missouri law concerning the selling of preneed funeral contracts with no action being taken.
c) Executive Secretary Smith and Inspector Mills will represent the KSBMA at the upcoming KFDA Annual Convention to be held on April 27-30, 2008 in Wichita, Kansas.
6) New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.
7) The board discussed information regarding the National Funeral Directors Association (NFDA).
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.)
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 including their Spring 2008 Report newsletter and recent article appearing in the Kansas City Star.
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 Mortuary Science Advisory Board
18) Mass Fatality Planning Task Force–The board discussed current activities of the Task Force in which Executive Secretary Smith is a member. Additional information will be reviewed once it is available.
Vlll. New/Old/Remaining Business/Adjournment
The board discussed the recent situation involving the Kansas State Board of Healing Arts and two recent legislative resolutions:
Senate Resolution 1846 and House Resolution 6025 that both state: “A resolution calling upon the members of the Board of Healing Arts to promptly make changes in personnel as necessary to ensure that the board effectively fulfills its statutory duties and to restore public confidence in the board’s operations and activities.” Following these two resolutions and a series of articles appearing on the front page of the Topeka Capital-Journal newspaper, the executive director and general counsel of the Healing Arts Board both have resigned. The KSBMA board and Executive Secretary Smith discussed the process in place for the handling of complaints and the KSBMA Mission Statement, which is: “ . . . to ensure that licensees perform their professional services in a manner providing maximum protection of the health, safety and welfare for the people of Kansas and to inform the public of laws and options available to them when using the services of a licensed funeral professional.”
(Young-Wangemann) 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, July 10, 2008.
At approximately 1:30 p.m. Executive Secretary Smith read instructions to the funeral director examinee applicants prior to the administration of the funeral director 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
Barry W. Bedene, President