KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, April 9, 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.
Thursday, April 9, 2009:
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; Melissa A. Wangemann, Topeka, consumer Board Member, and Board Member Charles R. Smith, Overland Park, consumer. The board’s Executive Secretary, Mack Smith was in attendance. Assistant Attorney General Camille Nohe was unable to attend the meeting.
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.
(Bedene-Wangemann) To approve a final agenda for this meeting. Carried.
The board decided to order in lunch and selected items from a menu provided by the board’s administrative staff.
(Bedene-C. Smith) To adopt the January 8, 2009 regularly scheduled board meeting minutes as amended. Carried. These minutes will be signed by President Holroyd and Executive Secretary Smith and displayed on the board’s website.
The board reviewed results of the written funeral directors’ examination administered on January 8, 2009 noting that 80% (eight of ten applicants) were successful. Exit comments from examinees along with responses from administrative staff were reviewed with no board action taken.
The board reviewed results of the written assistant funeral directors’ examination administered in February, March and April of 2009 noting that 67% (two of three applicants) 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: one (1) embalmer-funeral director applicant, one (1) embalmer applicant, two (2) funeral director applicants, three (3) reciprocal embalmer-funeral director’s applicant and two (2) funeral director applicants retaking the funeral directors’ examination. A total of eight (8) 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 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 available for review.
The board reviewed first quarter progress reports of an apprentice embalmer-funeral director and directed the executive secretary to write both the apprentice and supervising licensee that the apprentice needs to spend more time on funeral directing duties and to require that objective skill reports be completed with each quarterly report.
(Young-Wangemann) To approve an apprenticeship extension for Rev. Dr. Curtiss P. Davis. Carried. The apprentice has an additional four (4) months of apprenticeship remaining. The one year extension makes the new deadline of August 6, 2010.
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 January 8, 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, April 8, 2009 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#08-22–(Wangemann-Bedene) To close the file. Carried. There were no violations on this complaint that involved payment for services/merchandise in which a funeral director was the executor of the deceased’s estate.
#08-24–(Wangemann-Bedene) To write a letter to the consumer with additional information and close the file. Carried. There were no violations in this complaint involving the handling of a prefinanced funeral agreement and death benefit at the time of death.
#08-25–An assistant funeral director applicant with a felony conviction and licensure application denied by another State Licensing/Regulatory Board. The board met with this applicant at the January 2009 meeting and denied the application. The applicant has requested a hearing which will begin at 1:30 p.m. this afternoon.
#08-26–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to direct Assistant Attorney General Steve Phillips to prepare a Summary Order of Revocation to be signed by Investigative Committee member Young. Carried. The Attorney General’s Office has received proof of conviction as was previously stipulated by the Investigative Committee.
#08-28–No action necessary at this time. Following a funeral handled by a competing funeral home, this licensee sent a letter to the family that was inappropriate–as was the language in the letter. The licensee was appropriately notified. In addition, the licensee was notified to change the wording in all his advertising–as the competing funeral home has local ownership. The complaint involved unprofessional conduct in the form of inappropriate communication following death as well as inappropriate advertising. The complaint will remain open until a resolution of #09-11 has been finalized.
#08-29–(Wangemann-Bedene) To close the file. Carried. There were no violations in this complaint that involved the possibility of a medical facility referring families to a specific funeral home.
#08-31–No action necessary at this time. Following a funeral handled by a competing funeral home, this licensee sent a letter to the family that was inappropriate–as was the language in the letter. The licensee was appropriately notified. The complaint involved unprofessional conduct in the form of inappropriate communication following death. The complaint will remain open until a resolution of #09-11 has been finalized.
#08-32–(Wangemann-Bedene) To close the file. Carried. There were no violations in this complaint that involved preneed advertising.
#08-33–(Wangemann-Bedene) To close the file. Carried. The Investigative Committee sent a summary order fining the licensee $250.00 and publically censuring his funeral director license on the KSBMA website. The complaint involves an at-need situation with funds remaining from a prefinanced funeral agreement and failure of the licensee to provide the family with a signed statement at the time funeral arrangements were made or before the merchandise or services were provided as is defined in KAR 63-3-17 (c). The licensee has paid the fine and public censure has been posted on the KSBMA web site.
#08-34–(Wangemann-Bedene) To close the file. Carried. There were no violations on this complaint that involved incorrect information on a death certificate. After the consumer provided appropriate information to the funeral home and signed a document verifying the accuracy of the information, an amended death certificate was filed by the funeral home. The complaint involved incorrect information on a death certificate.
#08-35–(Wangemann-Bedene) To close the file. Carried. There were no violations on this complaint that involved the amount and kind of services involved with a prefinanced funeral agreement. The board informed the consumer of information provided by the funeral home to verify that actual merchandise and services to be provided by the funeral home at the time of death.
#08-36–(Wangemann-Bedene) To close the file. Carried. There were no violations on this complaint that involved the failure of the funeral home to provide services paid for by the consumer.
#08-37–(Wangemann-Bedene) To close the file. Carried. There were no violations on this complaint that involved unprofessional conduct and disrespect in the handling of a dead human body. The consumer was advised that complaints with the cemetery should be brought to the attention of the Kansas Attorney General’s Office.
#08-38–(Wangemann-Bedene) To close the file. Carried. Although there were no violations, the assistant funeral director and supervising funeral director were notified that better communication would have avoided the situation from occurring. The complaint involved unprofessional conduct regarding a prefinanced funeral agreement.
#09-01–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify the licensee that due to the apparent lack of intent to break the law, there were no violations of laws regulated by the KSBMA. Carried. This Kansas funeral director had action taken against his Missouri funeral director license by the Missouri Board of Embalmers and Funeral Directors.
#09-02–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves the price list of a funeral home and the availability of the list upon request.
#09-03–No action necessary at this time.
#09-04–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify the Missouri Board of Embalmers and Funeral Directors and close the file. Carried. The complaint involves unprofessional conduct of an assistant funeral director. There were no violations of laws regulated by the KSBMA.
#09-05–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct.
#09-06–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct regarding the rights of the legal next of kin to a deceased.
#09-07–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct involving the billing procedures of a funeral home.
#09-08–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves the price list of a funeral home and the availability of the list upon request.
#09-09–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves the price list of a funeral home and the availability of the list upon request.
#09-10–No board action necessary at this time.
#09-11–(C. Smith-Young) To adopt the recommendations of the Investigative Committee for the Attorney General’s Office to notify the licensee that unless immediate corrective action is taken on all advertising in question a petition will be filed to take disciplinary action against the licensee’s funeral director license. Carried. The complaint involves fraudulent/deceptive/misleading advertising.
#09-12–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify all parties of no violations of laws regulated by the KSBMA. Carried. The complaint involves concerns regarding the legal next-of-kin and the cremation process.
#09-13–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to notify both parties to provide an explanation of the advertising in question. Carried. The letter will include the number of complaints filed by and against each party explaining that if the situation goes to hearing that all employees of each funeral home may be subpoenaed to testify in front of the KSBMA’s Hearing Panel.
#09-14–No action necessary at this time.
The board reviewed and discussed information regarding National Prearranged Services (NPS) and Lincoln Memorial Life Insurance Company. The insurance company is in receivership. New forms for applying for payment upon death addressing the issue of liability were implemented February 1, 2009. Applications for payment in the amount of the face value of insurance policies are being paid at this time. As of March 1, 2009 there has been approximately $720,000 paid out for this company currently in receivership with $750,000 in claims applied for pending. The KFDA is recommending that Kansas funeral homes sign the indemnity clause that went into effect February 1, 2009 in order to expedite payment. Approximately $13.45 million in claims have been paid out as of March 1, 2009. There is currently a 45 to 60-day turn around time for claims received and pay outs–providing the claim forms are correctly filled out. In cases of forms needing to be corrected, those claims go the back of the list being paid out.
(Bedene-Wangemann) To adopt the revised roster of Board Actions. Carried.
IV. Legislative Discussion
The board discussed the possibility that due to budget cuts and decreased revenue the Legislature may eliminate the Funeral Assistance Program provided by the Kansas Department of Social and Rehabilitation Services (SRS.) Due to the financial situation of the state and the continued reduction of agency budgets the program, funded at approximately $810,000 for FY 2009 (July 1, 2008–June 30, 2009), was initially recommended to be eliminated in FY 2010 (July 1, 2009–June 30, 2010.). The Legislature eventually approved funding of $520,000 for FY 2010 with the maximum amount of each individual funeral decreased from $680 to $545. The Legislature reconvenes on Wednesday, April 29, 2009 for their Omnibus Session. With continued decreased revenues, there is a possibility of more funding cuts to all state agencies, so the fate of the program may not be finalized until after the Legislature’s Omnibus Session is wrapped in early May 2009. The only other death benefit currently available is the $255 Social Security Death Benefit, although there are military benefits available for qualified military applicants. There has also been discussion to Legislative Committees to shift the responsibility for funeral assistance monies from the county to the state. Regardless of what is decided during the current 2009 Legislative Session, funding for the funeral assistance program is scheduled to be reviewed by the 2010 Legislature.
The board discussed additional legislation from the 2009 Kansas Legislative Session. Unless the Legislature transfers KSBMA fee funds to the State General Fund (SGF), it does not appear that it will be necessary for the board to request legislation to increase fee maximums in KSA 65-1727 at this time. Should such transfers occur during the Omnibus Session, then the board will review finances at their July 2009 meeting to see if it will be necessary to increase fees and to request legislation in 2010 to increase fee maximums for any future increases.
Senate Bill 23 set the FY 2009 KSBMA budget at $268,307 with no sweeping of any fee funds to the State General Fund (SGF.) It was signed by the Governor.
Senate Bill 87 would implement multiple changes to the Kansas Administrative Procedure Act (KAPA.) The bill Senate and House have each approved the conference committee report. The bill will be sent to the Governor for consideration/signature.
Substitute for Senate Bill 89 deals with the Kansas Open Records Act (KORA.) It passed the Senate and is waiting on action in the House.
Senate Bill 135 deals with serial meetings and the Kansas Open Meetings Act (KOMA.) It passed the Senate and House and has been sent to the Governor for consideration/signature.
Senate Bill 308 would increase the Carry-Over Maximum in the KSBMA fee fund from $200,000 to $350,000. It remains in the Senate.
Senate Bill 320 involves the Kansas Department of Social and Rehabilitation Service’s Funeral Assistance Program (FAP.) The bill would decrease the maximum amount per case to $545 from the current $680 per case. It remains in the Senate Committee.
House Bill 2109 involves the Kansas Uniform Health Care Decisions Act and would possibly amend the legal next of kin statute, KSA 65-1734. It remains in the House Committee.
House Bill 2201 would impose conditions on licenses of individuals delinquent with Child Support Payments. The bill has passed the House and Senate and will be sent to the Governor for consideration/signature.
House Bill 2222 would allow state agencies to collect a maximum of 5% to enhance the efficiency of collection of licensure fees. The bill has passed the House and is currently in the Senate.
House Bill 2332 would change the punishment for violations in KSBMA statutes 16-305 (involving preneed) and 21-4111 (criminal desecration of property.) It remains in the House Committee.
House Bill 2354 includes FY 2010 and 2011 budgets for the KSBMA. Both were funded for the same amount: $270,657 and contained no sweeping of fee funds to the State General Fund (SGF.) The bill passed the House and Senate and will be sent to the Governor for consideration/signature. Additional budgetary actions will be considered by the Legislature during their Omnibus Session.
House Bill 2360 would change the deadline for state agencies to file their budgets from October 1st to September 1st. It passed the House and is in the Senate.
The board discussed possible legislation to be considered for introduction during the 2010 Kansas Legislative Session. A draft of potential legislation relating to cremation will be provided by Executive Secretary Smith and reviewed/discussed by the board at their July 2009 meeting. Following board approval of the draft, a copy will be provided to the Kansas Embalmers and Funeral Directors Association (KFDA) for their input. Potentially, the KFDA’s input will be considered by the KSBMA at their October 2009 meeting. Potential items of draft legislation could include the act of cremation, licensure/requirements of crematories/crematory operators, the recycling of prosthetic implants relating to the cremation process, and related fees. The possibility of requesting legislation regarding fee maximums will be considered by the KSBMA pending legislative action at the upcoming Omnibus Session of the Kansas Legislature.
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) (Bedene-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. Twelve (12) assistant funeral directors, eight (8) embalmer-funeral directors and three (3) funeral directors 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) embalmers-funeral directors, three (3) embalmers and one (1) funeral directors were included on this list for the months with renewals due by the end of October, November and December of 2008 and January, February and March of 2009.
4) (Bedene-Holroyd) To approve the FY 2009 third quarter (January 1-March 31, 2009) Inspection Report of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. 192 inspections were conducted during the quarter including ten (10) violations relating to 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: (15) embalmer-funeral directors, (1) embalmer and (7) 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) Remaining 2009 Board regularly scheduled meeting dates are July 9 and October 8.
8) The board signed travel vouchers. No licenses were signed.
9) The board reviewed recent changes and additions to licensed funeral establishment and branch establishment licenses. It was noted that the funeral home in Chapman destroyed by a tornado has been rebuilt and was licensed in the month of April. The funeral home in Greensburg, which also was destroyed by a tornado, broke ground in March at a new location where a new facility will be built.
10) Statements of Substantial Interest (SSI) were discussed and are due to be submitted to the Kansas Secretary of State’s Office by no later than April 30, 2009. All individuals required to file a SSI have either been done or will be by the deadline. All individuals have indicated that they will file on-line.
VI. Executive Secretary's Report:
1) Budget Update
a) The KSBMA budget for FY 2009, as approved by the Legislature and signed by the Governor in Senate Bill 23, was $268,307. The approved budget does not allow any spending in Kansas Savings Incentive Program (KSIP) funds, but does not sweep any fee funds (other than death/disability and agency health contributions) to the State General Fund (SGF.) It represents a decrease of $17,766 (approximately 6.2%) from the KSBMA’s original request of $286,073.
b) The KSBMA budget recommendation for FY 2010 is: $270,657 which represents a decrease of $11,893 (approximately 4.2%) from the KSBMA’s original request of $282,550. This amount does not sweep any fee funds to the State General Fund (SGF.) Amendments to this budget may change when the Legislature considers additional cuts during their Omnibus Session.
c) The KSBMA budget recommendation for FY 2011 is: $270,657 which represents a decrease of $24,382 (approximately 8.3%) from the KSBMA’s original request of $295,039. This amount does not sweep any fee funds to the State General Fund (SGF.) Amendments to this budget may change when the Legislature considers additional cuts during their Omnibus Session. All agencies required to submit biennial budgets had their FY 2011 amount cut to the legislative amount approved for FY 2010. Agency requests to increase the FY 2011 budget approved by the 2009 Legislature may be presented to the 2010 Legislature.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB).
a) Mr. Smith represented the KSBMA at the ICFSEB’s 2009 105th Annual Convention. He presented on a panel discussion with Chuck Renn of the Missouri Insurance Guaranty Association on Preneed Pitfalls and Successes following a presentation on the National Prearranged Services (NPS) issue at the ICFSEB convention.
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
a) The Annual CLEAR Conference is scheduled for September 10-12, 2009 in Denver, Colorado.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Mr. Smith represented the KSBMA at the 23rd Annual FARB Forum and was a part of a panel discussion involving a Mock Board Meeting.
b) The 2009 FARB Attorney Certification Seminar (ACS) will be held on October 2-4, 2009 in Chicago, Illinois.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) Mr. Smith attended the Embalming Seminar held on January 15, 2009 and presented information to the board from that seminar.
b) Mr. Smith represented the KSBMA at the 2009 Spring Regional Meetings and provided a Board Update as a part of the business session at the meetings held on March 2-5, 2009 in Topeka, Hays, Dodge City and Wichita. Inspector Mills, Administrative Specialist Kirkham, President Holroyd and Member Bedene attended the Topeka meeting.
c) (Bedene-Young) To allow all three (3) members of the board’s administrative staff to attend the upcoming 2009 112th Annual Convention: “The Future of Funeral Service, Get Ready, Set, Go” which will be held in Topeka on April 26-29, 2009. Carried. The office phone will be placed on voice mail and checked regularly if all staff members are out of the office at the same time.
6) New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.
a) The agency has signed an agreement with kansas.gov to allow licensees to pay for renewal licenses on-line through the KSBMA web site. The KANPAY link is up and running as of this morning.
b) Discussions are underway with kansas.gov to allow for the entire renewal process to be able to be performed on-line with a tentative effective date of January 1, 2010–providing finances are available for the set-up of such. One financial possibility is a grant offered through kansas.gov, which the board will apply for if moving ahead is desired.
c) There were more than 55,000 successful requests/hits on the KSBMA web site for information during the month of February 2009.
d) Board member Holroyd mentioned some outdated data contained on the drop down menu for electronic death certificates at the Office of Vital Statistics. Executive Secretary Smith said he would change the information regarding licensees provided to OVS and add an additional link on the KSBMA web site that should correct the problem–as long as OVS updated their records accordingly.
7) The board discussed information regarding the National Funeral Directors Association (NFDA).
8) Updated information from the Federal Trade Commission (FTC) regarding the Funeral Rule was discussed.
9) Updated information from the American Board of Funeral Service Education (ABFSE.)
10) Updated information from the Cremation Society of North America (CANA) including the September/October 2008 CANA Update newsletter.
11) Updated information from the Funeral Ethics Association (FEA) including their October 2008 newsletter.
12) Updated information from the Funeral Consumer Alliance (FCA).
13) Updated information from the Funeral Consumer’s Alliance of Greater Kansas City, including the Spring 2009 Newsletter.
14) Updated information from the Funeral Ethics Organization (FEO).
15) Updated information from the American Society of Embalmers (ASE.) The ASE’s Annual Convention has been planned for June 24-25, 2009 in Springfield, Missouri in collaboration with embalmer Vernie Fountain and the Fountain National Academy (of Embalming.)
16) Updated information from the Kansas Department of Health and Environment (KDHE), Office of Vital Statistics (OVS.)
a) Electronic Death Registration System (EDRS)–According to a letter dated March 24, 2009 from Kansas Department of Health and Environment (KDHE), Office of Vital Statistics Director and Assistant State Registrar Donna Calabrese, EDRS Sterling Committee Members, which include KSBMA President Holroyd and Executive Secretary Smith, will be viewing a demonstration of the enhanced EDRS in the near future.
17) Updated information from the Kansas City Kansas Community College Mortuary Science Program. Executive Secretary Smith met with KCKCC Mortuary Science Coordinator Wiley Wright–who reports a good enrollment of students. The new requirements are now in place with better NBE scores projected in years to come–due to those requirements.
18) The Kansas Mass Fatality Task Force has drafted a Kansas Mass Fatality Plan which is in the process of being reviewed. The draft was originated by Michael McNulty, Operations Director, Center for Public Health Preparedness, KDHE and KFDA Executive Director Pam Scott. Comments from all task force members, which include KSBMA Executive Director Smith, were due by April 6, 2009. A revised draft will be reviewed in the Spring before proceeding forward.
19) Presentations:
a) FARB: Mock Board Meeting Best Practices
b) ICFSEB: Panel Discussion on Preneed Pitfalls and Successes
c) KFDA 2009 Spring Regional Meetings, Business Session, KSBMA Update
20) Kansas Management System Needs Assessment Project/Financial Management System (FMS)/Statewide Management Accounting and Reporting Tool (SMART)–The State of Kansas is in the process of implementing a new financial management system which is scheduled for start-up on July 1, 2010. The change in systems has required attendance at numerous meetings, participation in surveys and the providing of agency information which have been provided by Administrative Specialist Mary Kirkham and Executive Secretary Smith.
VII. Board Interviews with Applicants for Licensure:
Reciprocal (Missouri) Embalmer-Funeral Director Applicant: Mr. Andrew T. “Andy” Moore
(Young-Wangemann) To grant a reciprocal embalmer license upon payment of an initial license fee of $154.00 and to grant a reciprocal 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. Once issued, the renewal date for both licenses would be January 31, 2011. Mr. Moore has been licensed in Missouri as an embalmer since 2002 and as a funeral director since 2001. He earned an Associate in Applied Science degree in Funeral Service Technology at Northwest Mississippi Community College in Southhaven, Mississippi. He passed the national board examination (NBE) administered by the International Conference of Funeral Service Examining Boards (ICFSEB) in year 2001, and he is currently employed at Penwell-Gabel Funeral Homes and Crematories in Chanute, Kansas and holds a Kansas assistant funeral director license.
Funeral Director Applicant: Mr. Craig S. Ward
(Bedene-Young) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $16.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Mr. Ward is scheduled to completed his funeral directing apprenticeship at Brenner Mortuary in Pittsburg, Kansas on May 16, 2009. Once issued, the renewal date for the funeral director license would be November 30, 2009. Mr. Ward earned a Bachelor of Business Administration degree at Pittsburg State University in Pittsburg, Kansas.
Funeral Director Applicant: Mr. Vic M. Graves
(Bedene-Wangemann) 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. Graves will complete his funeral directing apprenticeship at Broadway Mortuary in Wichita, Kansas on May 23, 2009. Once issued, the renewal date for the funeral director license would be July 31, 2010. Mr. Graves attended Butler County Community College in El Dorado, Kansas and Wichita State University in Wichita, Kansas.
Embalmer-Funeral Director Applicant: Ms. Breanne D. “Bre” Colby
(Bedene-Wangemann) To grant an embalmer license upon completion of apprenticeship, payment of an initial license fee of $84.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $24.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Colby completed her embalming and funeral directing apprenticeships at Resthaven Mortuary in Wichita, Kansas on March 4, 2009. Ms. Colby served part of her apprenticeships at Wichita Mortuary Services in Wichita, Kansas. Once issued, the renewal date for both licenses would be March 31, 2010. Ms. Colby earned an Associate of Science degree in Forensic Science at Cloud County Community College in Concordia, Kansas and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer Applicant: Ms. Pamela “Pam” J. Zindel
(Wangemann-C. Smith) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $63.00. Carried. With continuous employment, Ms. Zindel completed her embalming apprenticeship at Lakeview Funeral Home in Wichita, Kansas on March 18, 2009. Once issued, the renewal date for the license would be December 31, 2009. She attended Cowley County Community College in Arkansas City, Kansas, earned an Associate in Science degree in Pre-Medicine at Butler County Community College in El Dorado, Kansas, and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. Ms. Zindel was issued a Kansas funeral director license on August 22, 2008.
Reciprocal (Missouri) Embalmer-Funeral Director Applicant: Mr. W. Zachary Webb
(Young-Wangemann) To grant a reciprocal embalmer license upon payment of an initial license fee of $56.00 and to grant a reciprocal funeral director license upon payment of an initial license fee of $76.00 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, 2009. Mr. Webb was formerly licensed in Kansas as an embalmer and funeral director and has been licensed in Missouri as an embalmer and funeral director since October 10, 2000. He earned an Associate in Applied Science degree in Funeral Service at Kansas City Kansas Community College in Kansas City, Kansas. He passed the state board examination (SBE) administered by the KSBMA in 1986, and he will be employed at the David W. Barnes Funeral Home in Coffeyville, Kansas.
Reciprocal (Indiana) Embalmer-Funeral Director Applicant: Mr. Aaron M. Newton
(Bedene-Wangemann) To grant a reciprocal embalmer license upon payment of an initial license fee of $161.00 and to grant a reciprocal funeral director license upon payment of an initial license fee of $218.50 and passing the written funeral director examination which will be administered later today. Carried. Once issued, the renewal date for both licenses would be February 28, 2009. Mr. Newton has been licensed in Indiana since November 2, 2007. He earned an Associate of Applied Science degree at Mid-America College of Funeral Service in Jeffersonville, Indiana and passed the national board examination (NBE) administered by the International Conference of Funeral Service Examining Boards (ICFSEB) in year 2001. Mr. Newton is currently employed at Penwell-Gabel Funeral Home and Crematory, Mid-Town Chapel in Topeka, Kansas.
The board recessed for lunch.
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.
VIII. Assistant Funeral Director Applicant Hearing: Mr. Michael Jon Hofman
The meeting reconvened. Assistant Attorney Generals Jan Arndt (serving as the board’s counsel) and Terri Canfield-Eye, court reporter Kelli Stewart hired by the KSBMA and assistant funeral directors’ applicant Michael Jon Hofman and his wife, Loraine, entered the meeting. Shortly thereafter KSBMA Executive Secretary Smith returned to the meeting.
Mr. Hofman requested this hearing to appeal the board’s denial of his assistant funeral director’s application which occurred at the January 2009 meeting.
Following the hearing the board deliberated.
(Bedene-Young) To affirm the board’s order of January 8, 2009 denying the assistant funeral director’s application. Carried, 4-1. Holroyd, Young, Bedene, C. Smith–Yes. Wangemann–No.
(Wangemann-C. Smith) To overturn the January 8, 2009 board’s order to grant an assistant funeral director’s application with conditions as approved by KSBMA, including continued treatment, continued medication and other conditions deemed necessary by the KSBMA to protect the public. The motion failed, 1-3-1. Wangemann–Yes. Bedene, Young and Holroyd–No. C. Smith–Abstained.
IV. New/Old/Remaining Business/Adjournment
(C. Smith-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, July 9, 2009.
Respectfully submitted:
Mack Smith, Executive Secretary
Fred Holroyd, President