KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, July 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, July 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 and Assistant Attorney General Camille Nohe were 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.
(Holroyd-C. Smith) To approve a final agenda for this meeting. Carried.
(Young-Holroyd) To adopt the April 10, 2008 regularly scheduled board meeting minutes as amended. Carried. These minutes will be displayed on the board’s website.
(C. Smith-Holroyd) To adopt the April 29, 2008 KSBMA Annual Report presented at the 2008 KFDA Convention held in Wichita, Kansas. Carried. This report will be displayed on the board’s website.
The board reviewed results of the written funeral directors’ examination administered on April 10, 2008 noting that 100% (four of four applicants) were successful.
The board reviewed results of the written assistant funeral directors’ examination administered in April, May, June and July 2008 noting that 100% (eight of eight applicants) were successful. An exit comment from one applicant was reviewed with no 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: nine (9) embalmer-funeral directors, two (2) embalmers, one (1) funeral director and one (1) reciprocal embalmer-funeral director. A total of eleven (11) 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 reviewed, including:
The board reviewed the correspondence regarding first quarter progress reports of an apprentice embalmer-funeral director who was notified that the first quarter progress reports did not reflect enough time being spent on funeral directing activities. The apprentice and supervising licensee were advised to increase funeral directing activities. The apprentice and supervising licensee were informed that they will be required to submit an objective skills report for funeral directing for all remaining quarters of apprenticeship. Second quarter reports noted an increase in funeral directing activities and an objective skills report for funeral directing was submitted. No additional action was taken by the board.
The board reviewed correspondence regarding second quarter progress reports of an apprentice embalmer-funeral director who was advised that more embalming needs to occur in future quarters. A copy of the letter was provided to the supervising licensee. Third quarter reports noted an increase in embalming activities. No additional action was taken by the board.
The board reviewed correspondence regarding an apprentice embalmer-funeral director who had surgery and was in an accident. There are four (4) months of apprenticeship time remaining which will be served as soon as the apprentice is able to return to work full-time. No extension of apprenticeship due to illness or extraordinary circumstances was necessary at this time.
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 April 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, July 9, 2008 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#06-09–(C. Smith-Young) To adopt the recommendations of the Investigative Committee and close the file. Carried. The civil law suit concerning actions of a licensee has been dismissed.
#06-34–No additional action necessary at this time.
#07-20–(C. Smith-Young) To adopt the recommendations of the Investigative Committee and close the file. Carried. The complaint involves action taken by the Missouri State Board of Embalmers and Funeral Directors and the Missouri Attorney General involving the sale of prefinanced funeral agreements in the State of Missouri which would not be a violation in the State of Kansas. Should the State of Missouri provide additional information that warrants further discussion in the future, the file will be reopened at that time.
#07-41–(C. Smith-Young) To adopt the recommendations of the Investigative Committee and close the file. Carried. Information provided by a licensee did not result in any criminal charges being filed. Should additional information become available that warrants further discussion in the future, the file can be reopened at that time.
#08-01–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. All parties have been notified of no violations. 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–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Both parties have been notified of no violations. The complaint involves the transfer of a prefinanced funeral agreement upon death.
#08-03–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Both parties have been notified of no violations. The complaint involves unprofessional conduct involving the 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.
#08-05–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Although there were no violations, both parties have been notified that better communication would have avoided the situation from occurring. The complaint involves unprofessional conduct.
#08-07–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Although there were no violations, both licensees have been notified that better judgment and communication would have avoided the situation from occurring. The complaint involves the length of time after death for cremating an unembalmed body.
#08-08–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Although there were no violations, all parties were notified that better judgment and communication would have avoided the situation from occurring. The complaint involves unprofessional conduct.
#08-09–(Wangemann-Holroyd) After reviewing correspondence to close the file. Carried. Both parties have been notified of no violations. The complaint involves unprofessional conduct.
#08-12–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct, duplication of removal and embalming charges. Both parties will be notified accordingly.
#08-13–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct. Both parties will be notified accordingly.
#08-14
& #08-15–(C. Smith-Young) To adopt the recommendations of
the
Investigative Committee of public censure on the KSBMA web site and a
fine of
$250 against the assistant funeral director based on violations of KAR
63-3-17
(c). Carried. Following issuance of the Order, the assistant funeral
director and
supervising funeral director will be notified that better communication
and
attention to detail would have avoided this situation from occurring.
These two
complaints involve the possible 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–(C. Smith-Young) To adopt the
recommendations of the Investigative
Committee of no violations of laws regulated by the KSBMA. Carried.
While
there were no violations, the licensee and preneed counselor will be
notified that
better communication and attention to detail would have avoided this
situation
from occurring with a copy to the consumer. The complaint involves
unwanted
solicitation.
#08-17–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct relating to at-need funeral arrangements and services. Both parties will be notified accordingly.
The board reviewed and discussed information and action taken by other state regulatory agencies/boards against National Prearranged Services (NPS) and Lincoln Memorial Life Insurance Company. The preneed product sold in Kansas is life insurance which is regulated by the Kansas Insurance Department. As of this time the KSBMA is not aware of any Kansas consumers having lost any preneed money. Funeral homes are receiving face amounts with no growth with at-need payments (claims) reportedly being made within ninety days of being submitted. The Kansas Insurance Department continues to monitor this situation sharing information with the KSBMA when appropriate.
Kansas Open Meetings Act/Senate Substitute for House Bill 2947. Assistant Attorney General Camille Nohe addressed the board regarding this legislation that became law July 1, 2008. Changes address meetings as any gathering or assembly in person or through the use of a telephone or any other medium for interactive communication by a majority of the membership of the body or agency–opposed to the majority of a quorum as the law was previously–for the purpose of discussing the business affairs of the body or agency.
The Federal Trade Commission (FTC)’s Consent Order vs. the Missouri Board of Embalmers and Funeral Directors. The FTC issued a final consent order in this case regarding restrictions and prohibitions on the sale of funeral merchandise or caskets by the Missouri State Board. The Missouri Board will be required to make changes in the form of an advisory on their public web site (http://pr.mo.gov/embalmers.asp) and to make notice in the Missouri Funeral Director’s Association Magazine as is indicated in this Order. A copy of the order can be viewed at the FTC’s Web Site at http://www.ftc.gov.
IV. Legislative/Legal Update
The board reviewed the Final Roster of 2007-08 Legislation affecting the board and funeral service, including:
• House Substitute for Senate Bill 226–The Kansas Funeral Privacy Act involving funeral picketing. The bill became law on April 10, 2008.
• Senate Bill 450–Prohibits the investment of cemetery permanent maintenance funds. The bill became law on July 1, 2008.
• Senate Bill 534–The State’s Mega Bill that contains initial FY 2009 budget information for all state agencies including the KSBMA. The bill became law on July 1, 2008.
• Senate Bill 682–Relating to final disposition. The bill would amend KSA 65-1734. The bill died in committee.
• Senate Bill 687–Burial of unclaimed cremated remains of veterans. The bill died in committee.
• Senate Substitute for House Bill 2097 (formerly Senate Substitute for HB 2341)–Disposition of fetal remains. This bill became law on July 1, 2008, while HB 2341 died on General Orders.
• Substitute for House Bill 2618–Involves Administrative Procedure. The bill would have required state agencies to use the Office of Administrative Hearing (OAH) when prosecuting disputed actions/adjudicative hearings. The bill did not pass.
• House Bill 2656–Authorizes certain cemetery corporations to convey real estate not platted into cemetery lots free from trust restrictions. Testimony stated that the bill would apply to one specific cemetery, Mount Hope, in Topeka. The bill became law on July 1, 2008.
• House Bill 2684–Criminal desecration to cemetery property. The bill died in committee.
• House Bill 2700/2768–Removal of dead human bodies from the place of death to federally certified organ procurement organizations. HB 2700 came about late in the session in a conference committee and contains identical language to HB 2768. HB 2700 became law on July 1, 2008, while HB 2768 did not pass.
• House Bill 2916–The State’s Omnibus Spending Bill which contained information that finalized state agencies’ FY 2009 budgets that went into effect July 1, 2008.
• House Bill 2935–Dissolution of cemetery corporations. The bill did not pass.
• House Bill 2947–This bill was amended late in session from a budget bill to a Kansas Open Meetings Act (KOMA) bill addressing serial meetings. The bill became law on June 5, 2008 and was explained by Assistant Attorney General Camille Nohe earlier in this meeting.
V. Board Interviews with Applicants for Licensure:
Embalmer Applicant: Ms. Donna L. Mathena-Menke
(Holroyd-Young) To grant an embalmer license upon payment of an initial license fee of $49.00. Carried. Ms. Mathena-Menke completed her embalming apprenticeship at Brennan-Mathena Funeral Home in Topeka, Kansas on June 20, 2008. Once issued, the renewal date for the embalmer license would be January 31, 2009. Ms. Mathena-Menke is already a licensed Kansas funeral director. She attended Kansas Wesleyan University in Salina, Kansas, earned a Bachelor of Arts Degree in Elementary Education at the University of Nebraska in Lincoln, Nebraska and earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer Applicant: Ms. Heather M. Schmalz
(Young-Wangemann) To grant an embalmer license upon payment of an initial license fee of $91.00. Carried. Ms. Schmalz completed her embalming apprenticeship at Mount Moriah and Freeman Funeral Home in Kansas City, Missouri on June 10, 2008. Once issued, the renewal date for the embalmer license would be July 31, 2009. Ms. Schmalz is already a licensed Kansas funeral director. She earned an Associate of Science Degree at Fort Scott Community College in Fort Scott, 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. Megan N. Argabright
(Young-Wangemann) To grant an embalmer license upon payment of an initial license fee of $133.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $38.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Argabright completed her embalming apprenticeship at Capitol City Mortuary Services in Topeka, Kansas on March 21, 2008. She is scheduled to complete her funeral directing apprenticeship at Brennan-Mathena Funeral Home in Topeka, Kansas tomorrow, July 11, 2008. Once issued, the renewal date for both licenses would be July 31, 2010. Ms. Argabright attended Washburn University in Topeka, 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. Lacee M. Green
(Wangemann-C. Smith) To grant an embalmer license upon payment of an initial license fee of $175.00 and to grant a funeral director license upon payment of an initial license fee of $230.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Green completed her apprenticeships at Mercer Funeral Home in Holton, Kansas on June 19, 2008. Once issued, the renewal date for the licenses would be July 31, 2010. Ms. Green attended Central Christian College in McPherson, Kansas, Roberts-Wesleyan College in Rochester, New York 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. Brian J. Quisenberry
(C. Smith-Young) To grant an embalmer license upon payment of an initial license fee of $77.00 and to grant a funeral director license upon payment of an initial license fee of $22.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Quisenberry completed his apprenticeships at Quisenberry Funeral Home in Tonganoxie, Kansas on July 2, 2008. Once issued, the renewal date for the licenses would be May 31, 2009. Mr. Quisenberry 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. Timothy R. “Tim” Becker
(Young-C. Smith) To grant an embalmer license upon payment of an initial license fee of $140.00 and to grant a funeral director license upon payment of an initial license fee of $40.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Becker completed his apprenticeships at Becker-Dyer-Stanton Funeral Home in Atchison, Kansas on June 29, 2008. Once issued, the renewal date for the licenses would be February 28, 2010. Mr. Becker earned a Bachelor of Arts Degree in Business Administration/ Management 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.
Embalmer-Funeral Director Applicant: Ms. K. Rene’ Hines
(C. Smith-Wangemann) To grant an embalmer license upon payment of an initial license fee of $182.00 and 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. Ms. Hines completed her apprenticeships at Penwell-Gabel Funeral Home and Crematory, Webb and Rodrick Chapel in Independence, Kansas today, July 10, 2008. Once issued, the renewal date for the licenses would be August 31, 2010. Ms. Hines attended Independence Community College in Independence, Kansas, Avila College in Kansas City, Missouri, Coffeyville Community College in Coffeyville, Kansas, earned a Bachelor of Fine Arts Degree in Dance at Wichita State University in Wichita, Kansas, and earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Reciprocal (Missouri) Embalmer-Funeral Director Applicant: Mr. Jon H. Stevens
(Holroyd-Wangemann) To grant a reciprocal (Missouri) embalmer license upon payment of an initial license fee of $91.00 and to grant a funeral director license upon payment of an initial license fee of $123.50 and passing the written funeral director examination, which will be administered later today. Carried. He passed the National Board Examination (NBE) on July 14, 2006. He was granted a Missouri funeral director license on October 17, 2006 and a Missouri embalmer license on August 27, 2007. Both Missouri licenses are current with expiration dates of May 31, 2010. Once issued, the renewal date for the Kansas licenses would be July 31, 2009. Mr. Stevens 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. Daniel R. “Dan” Nowlan
(Young-Wangemann) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $56.00 and 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. Mr. Nowlan is scheduled to complete his apprenticeships tomorrow, July 11, 2008, at Elliott Mortuary in Hutchinson, Kansas. Once issued, the renewal date for the licenses would be February 28, 2009. Mr. Nowlan attended Hutchinson Community College/Area Vocational School, earned an Associate in Arts Degree at Hutchinson Community College in Hutchinson, 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. Steven Hernandez
(Wangemann-C. Smith) To grant an embalmer license upon payment of an initial license fee of $182.00 and 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. Hernandez completed his apprenticeships at Smith Mortuary in Derby, Kansas on June 6, 2008. Once issued, the renewal date for the licenses would be August 31, 2010. Mr. Hernandez earned an Associate in Applied Science (AAS) Degree in Mortuary Science at Arapahoe Community College in Littleton, Colorado.
Funeral Director Applicant: Ms. Pamela J. “Pam” Zindel
(Wangemann-Young) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $34.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Zindel is scheduled to complete her funeral directing apprenticeship at Lakeview Funeral Home in Wichita, Kansas on August 22, 2008. Once issued, the renewal date for the funeral directing license would be December 31, 2009. She is currently serving an embalming apprenticeship. Ms. Zindel 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 (AAS) Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer-Funeral Director Applicant: Mr. David J. Tharp
(Wangemann-C. Smith) To grant an embalmer license upon payment of an initial license fee of $98.00 and to grant a funeral director license upon payment of an initial license fee of $28.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Tharp completed his apprenticeships at Simmons-Rentschler Mortuary in Smith Center, Kansas on June 21, 2008. Once issued, the renewal date for the licenses would be August 31, 2009. Mr. Tharp attended Cloud County Community College in Concordia, Kansas, Sterling College in Sterling, Kansas, Fort Hays State University in Hays, 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. Alejandro “Alex” Nieto
(Bedene-Holroyd) To grant an embalmer license upon payment of an initial license fee of $56.00 and to grant a funeral director license upon payment of an initial license fee of $16.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Nieto completed his apprenticeships at Garnand Funeral Home in Garden City, Kansas on July 5, 2008. Once issued, the renewal date for the licenses would be February 28, 2009. Mr. Nieto earned an Associate in Applied Science (AAS) Degree in Funeral Service at the Dallas Institute of Funeral Service in Dallas, Texas.
The Board recessed for lunch at the Jayhawk Tower Restaurant.
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.
The board reconvened following lunch.
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-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.
4) (Holroyd-C. Smith) To approve the FY 2008 fourth quarter (April 1-June 30, 2008) and FY 2008 final (July 1, 2007–June 30, 2008) Inspection Reports of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. In FY 2008 a total of 729 inspections were conducted with the addition of five (5) new establishments, five (5) new branch establishments and one (1) new crematory with one (1) establishment being closed. The inspector traveled 26,812 miles noting a total of 15 violations (three for licenses not being displayed and 12 preparation room violations) during the course of FY 2008.
5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 36 apprentices are currently registered with the board at this time: (20) embalmer-funeral directors, (4) embalmers and (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, including a recent article in the July-August edition of the AARP Bulletin pertaining to Funeral Planning, the Online Way.
7) Remaining Board meeting date for 2008 is: October 9.
8) Year 2009 Board meeting dates: (C. Smith-Young) To approve January 8, April 9, July 9, and October 8, 2009 as regularly scheduled Board meeting dates. Carried. The KSBMA administrative staff will reserve an examination room for administering the funeral directors’ examination and make room reservations as necessary for board members.
9) The board signed travel vouchers and licenses.
10) The board reviewed recent changes and additions to licensed funeral establishment and branch establishment licenses.
11) The board discussed Londeen Funeral Chapel of Chapman, Kansas which was recently destroyed by a tornado on June 11, 2008. (C. Smith-Holroyd) To approve licensure of a temporary facility until such time that a new funeral establishment can be rebuilt. Carried. The funeral home has indicated they intend to rebuild just as soon as possible and will conduct business out of a hardware store in Chapman with embalming done at a neighboring funeral home. The temporary location has been inspected by the KSBMA and will continue to be inspected.
12) The board discussed Fleener Funeral Home of Greensburg, Kansas which was also destroyed by a tornado on May 4, 2007. The funeral home hopes to break ground on a new facility in 2008 and continues to operate at a temporary location with embalming being conducted at a neighboring facility. The temporary location is regularly inspected by the KSBMA.
VIl. 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. This amount will increase once FY 2008 expenditures have been finalized with the addition of Kansas Savings Incentive Funds, which are funds saved and not spent from previous years. The initial agency budget KSBMA of $269,279 can be found in section 25 of Senate Bill 534, which is referred to as the Mega Bill. The remaining increase for salaries of $7,326 is a result of House Bill 2916, the bill referred to as the Omnibus Spending Bill, where there is a 2 1/2% base salary adjustment for classified employees and a 2 1/2% merit pool funding for unclassified employees ($3,965), a below market salary adjustment ($1,561) for certain classified employees along with continued funding for longevity bonus pay ($1,800) for classified employees.
b) September 15, 2008 is the deadline for submitting the FY 2010 and 2011 biennial budget requests. Budgets will be submitted on a new computer system (IBARS). Training for use of that system is scheduled for next week. At the request of Governor Sebelius, the board will reduce spending in FY 2009 by 2%. That reduction will be included in the KSBMA budget request that must be submitted by September 15, 2008 and will include FY’s 2009, 2010 and 2011.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB).
a) The board received copies of the 2008-2009 ICFSEB Professional Directory, and
b) Reviewed the Summer 2008 edition of The Conference Report
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 will not attend the Annual Convention in Anchorage, Alaska on September 25-27, 2008.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Executive Secretary Smith will represent the KSBMA at the 16th Annual Attorney Certification Seminar (ACS) scheduled for October 3-5, 2008 in Colorado Springs, Colorado.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) Executive Secretary Smith and Inspector Mills represented the KSBMA at the KFDA Annual Convention held on April 27-30, 2008 in Wichita, Kansas.
b) Mr. Smith will co-present at the upcoming business session 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.
c) A new feature in the KFDA Journal, titled: “Regulatory Insights: Your Questions Answered” was reviewed and discussed.
6) New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.
a) Information regarding the Estate Recovery Unit (ERU) of the Kansas Health Policy Authority (KHPA)–formerly under the jurisdiction of the Kansas Department of Social and Rehabilitation Services (SRS) was discussed. A private contractor, Health Management Systems (HMS), is now being used by the ERU. Contact information has been included on the KSBMA web site.
b) The July 1, 2008 update rule book has been placed on the KSBMA web site. The rulebook can be printed at no cost from the web site or a hard copy can be purchased for $5.00 through the 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.)
a) The Funeral Service Arts degree program, funeral director only curriculum was voted down (not approved) by the ABFSE.
10) Updated information from the Cremation Society of North America (CANA).
a) The board reviewed an article in the USA Today that discussed tougher regulatory laws being considered and implemented across the county regarding crematories and cremation.
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) Updated information from the Mass Fatality Planning Task Force.
a) A future meeting date has not yet been established. Mindee Reece, the Director of the Center for Public Health Preparedness (CHCP) is the point of contact for this task force.
VIII. Election of Officers
(Bedene-Wangemann) To nominate Fred Holroyd as KSBMA President and Bill Young as KSBMA Vice President. Carried.
Both were elected unanimously.
Committee Assignments by President Holroyd were as follows:
Investigative Committee–Charlie Smith and Bill Young.
Hearing Panel–Barry Bedene, Melissa Wangemann and Fred Holroyd.
Continuing Education Committee–Barry Bedene and Fred Holroyd.
IX. New/Old/Remaining Business/Adjournment
(Wangemann-Young) 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, October 9, 2008.
Mack Smith, Executive Secretary
Barry W. Bedene, President
Thursday, October 9, 2008