KANSAS STATE BOARD OF MORTUARY ARTS

700 SW JACKSON, SUITE #904

TOPEKA, KANSAS 66603-3733

Thursday, July 12, 2007

                                                                                                                                                                                                                                                      

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 12, 2007:

 

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. Kansas Funeral Directors and Embalmers Association (KFDA) Executive Director Pam Scott was also 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.

 

(Young-Wangemann) To approve a final agenda for this meeting as amended. Carried.

 

(Holroyd-C. Smith) To adopt the April 12, 2007 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 April 12, 2007 noting that 67% (six of nine applicants) were successful. There was no information provided by 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.)

 

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: five (5) embalmer-funeral directors, four (4) funeral directors and two (2) reciprocal funeral directors. Two (2) funeral director applicants will be retaking the examination. A total of thirteen (13) 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.

 

The board reviewed the written response to an apprentice embalmer-funeral director regarding first quarter progress reports from an apprentice embalmer/funeral director and supervising licensees regarding time spent in the embalming process. The apprentice was advised that additional time should be spent in the preparation room on the embalming process during the remainder of the apprenticeship. After a review of second quarter apprenticeship progress reports, the board was satisfied that the apprentice spent additional time with the embalming process during the second quarter of apprenticeship. No additional action was taken.

 

All remaining 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 written reports available for review.

 

It was noted that apprentice funeral director Kyle R. Scheideman completed his apprenticeship as directed by the board and was granted a funeral director license.

                                                                                                                                                                                                                                                        

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 ten (10) complaints resulting from action taken at the meeting of April 12, 2007.

 

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 yesterday, Wednesday, July 11, 2007 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

 

#06-09–No board action necessary at this time.

 

#06-34–No board action necessary at this time.

 

#07-01–(Wangemann-Bedene) To close the file. Carried. The complaint involved unprofessional conduct of numerous actions including removal, arrangements and services. A copy of information was provided to the Consumer Protection/Antitrust Division of the Attorney General’s Office. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-02–(Wangemann-Bedene) To adopt the recommendations of the Investigative Committee to close the file. Carried. This complaint was referred to the Attorney General for negotiation and possible prosecution with a copy of information to be sent to the Federal Trade Commission (FTC) for review of violations of the FTC’s Funeral Rule. No possible violations of laws regulated by the KSBMA were noted. The consumer will be notified accordingly. Consumer concerns involved unprofessional conduct, misquoting of prices, double-charging for merchandise not provided, providing false information regarding death benefits and failing to provide a General Price List.

 

#07-03–(Wangemann-Bedene) To close the file. Carried. The complaint involved failure to pay cash advance items in a timely manner despite receiving payment from the family. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-04–(Wangemann-Bedene) To close the file. Carried. The complaint involved false and misleading advertising. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-05–(Wangemann-Bedene) To close the file. Carried. The complaint involved false advertising. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-06–(Wangemann-Bedene) To close the file. Carried. The complaint involved false advertising. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-07–(Wangemann-Bedene) To close the file. Carried. The complaint involved disrespect in the handling of a dead human body. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-08–(Wangemann-Bedene) To close the file. Carried. The complaint involved concerns with a funeral home cemetery combination with items purchased preneed. A copy of information was provided to the Consumer Protection/Antitrust Division of the Attorney General’s Office. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-09–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to advise the licensee that any future violations may well result in discipline action being taken by the KSBMA. Carried. Initially both parties were notified of no violations of laws regulated by the KSBMA. The licensee was notified that all future advertisements should not include any statements that could be consider fraudulent, deceptive or misleading in nature. The complaint involved advertisements placed on the internet, television and in the newspaper. It was later discovered that while the advertisements in question on television and in the newspaper were appropriately changed, not all were corrected on the funeral home’s web site. Upon notification of such, the funeral home immediately made corrections and apologized for not initially correcting the mistakes.

 

#07-10–(Wangemann-Bedene) To close the file. Carried. The complaint involved the failure of a funeral home to return property of the deceased to the family. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-11–(Wangemann-Bedene) To close the file. Carried. The complaint involved the cost of an at-need funeral and the handling of two memorial funds. Both parties were notified of no violations of laws regulated by the KSBMA.

 

#07-12–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. Parties will be appropriately notified. The complaint involved the family not being allowed to view the body of a loved one.

 

#07-13–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involved a policy of a cemetery regarding hours of operation, and the KSBMA has no jurisdiction over the operation of cemeteries.

 

#07-14–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. Parties will be appropriately notified. The complaint involved a Kansas licensee conducting a funeral service in the state of South Dakota without having a South Dakota license present–which is a requirement of South Dakota law.

 

#07-15–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA and to close the file. Carried. The licensee will be appropriately notified. The complaint involved failure to file two (2) death certificates in a timely manner. Both certificates have since been filed.

 

#07-16–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA and to close the file. Carried. The complaint involved misrepresentation of operating a funeral establishment.

 

#07-17–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. The complaint involved misleading/fraudulent/deceptive advertising.

 

#07-18–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involved a licensed embalmer -funeral director with felony convictions. The Investigative Committee issued a summary order of revocation, revoking the individual’s embalmer and funeral director licenses.

 

#07-19–(C. Smith-Young) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involved an unlicensed employee with a felony conviction working/residing at a funeral home, and the failure of the funeral home to properly register ownership with the Kansas Secretary of State. The employee in question was terminated, and the owner registration situation was rectified.

 

#07-20–No action necessary at this time.

 

#07-21–No action necessary at this time.

 

#07-22–(C. Smith-Young) To adopt the recommendations of the Investigative Committee of no violations of laws regulated by the KSBMA. Carried. Parties will be appropriately notified. The complaint involved removal and embalming without proper family authorization. The funeral home agreed not to charge the family for removal, embalming or transportation.

 

#07-23–No action necessary at this time.

 

The board discussed three (3) delinquent funeral home renewals that were due as of 6/30/2007. Additional information was obtained, and two of the funeral homes had closed down, but the licensee failed to notify the board. Attorney Nohe agreed to write the delinquent funeral home advising them that their establishment license expired and that double fees would be required for reinstatement of licensure. The delinquent renewal and double fees were received by the board, so the letter was not necessary.

                                                                                                                                                                                                                                                                          

IV.      Legislative/Legal Update

 

•         The board reviewed the Final 2007 Roster of Bills Affecting the KSBMA and the funeral industry in the State of Kansas. Some additional information not discussed at the April 12, 2007 board meeting, included:

 

•         Senate Bill 351 and House Bill 2113 relating to administrative hearings–The final version of SB 351 retains the authority of the board to conduct administrative hearings. As of July 1, 2009, any KSBMA administrative hearings not conducted by the board must be referred to the Office of Administrative Hearings (OAH.) Board President Bedene signed a letter encouraging legislators to vote against an earlier provision in the bill that would have required all hearings to be referred to OAH as of July 1, 2009. The final version of HB 2113 does not affect the KSBMA.

 

•         Senate Bill 244 regarding funeral picketing was passed by the 2007 Kansas Legislature and signed by Governor Sebelius.

 

•         (Bedene-Wangemann) To approve the updated list of Board Actions to include actions taken through the April 2007 meeting. Carried.

 

•         Senate Bill 179 and related information regarding Assistant Funeral Directors–The KSBMA discussed the possible length (number of questions) of the written examination, the question item bank, administration of the examination and regulations relating to SB 179 which becomes law effective January 1, 2008.

The board directed Executive Secretary Smith to draft the appropriate regulations for a 25 question written examination at a cost of $50.00. A score of 75% will be considered passing. The 25 questions will include: Fifteen (15) questions of Kansas law pertaining to funeral directing, five (5) questions of Kansas law pertaining to preneed funeral agreements and five (5) questions over the federal laws pertaining to funeral directing, including the Federal Trade Commission’s (FTC) Funeral Rule. These two regulations, one new regulation (KAR 63-2-26–over the written examination) and one amended regulation (KAR 63-4-1--over the examination fee) will be heard at a public hearing in conjunction with the October 11, 2007 board meeting at 11:45 a.m. Because the statute does not become law until January 1, 2008, the regulations will not be considered for adoption until the January 2008 board meeting. The examination will be scheduled monthly in Topeka–providing the number of applications warrants such. The filing deadline will be the 15th of the month prior to the scheduled examination. Applicants that initially fail the exam after submitting the application and paying the exam fee will reapply and be allowed to retake the exam at the next regularly scheduled date at no additional cost. Failure to appear at that next date or to pass the exam at that next date will cause an additional exam fee/application to be submitted–repeating the previously described process. An item bank of 75 questions is desirable. Possible questions will be reviewed by the board at the October 11, 2007 meeting. KFDA Executive Director Scott offered her assistance.

 

•         House Substitute for Senate Bill 357 is the 2007 Kansas Legislature’s Omnibus Funding Bill. It contains the funding of the Kansas Department of Social and Rehabilitation Services (SRS) Funeral Assistance Plan. The FY 2008 (July 1, 2007–June 30, 2008) plan has been funded at $810,000 which includes an additional $290,000 ($156,000 to increase rates paid to funeral homes and $134,000 to increase the number of funerals covered.) This funding allows for an increase from $550.00 to $680.00 per eligible case due to inflation since 1998. The maximum allowable amount of funeral expenses will be increased from $2,000 to $2,500. These increases will be authorized through SRS Agency Policies but will require amending KAR 30-4-98 in the near future.

 

•         There was discussion of potential legislation, including the prohibiting of organ donation/harvesting in funeral homes. No action was taken.

 

KFDA Executive Director Scott left the meeting.

                                                                                                                                                                                                                                                                           

V.       Board Interviews with Applicants for Licensure:

 

Embalmer-Funeral Director Applicant: Mr. John W. Zimbelman

 

(Young-Wangemann) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $35.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $10.00 and passing the written funeral director examination which will be administered later today. Carried. Mr. Zimbelman is scheduled to complete his apprenticeships at Skradski Funeral Home in Kansas City, Kansas on August 29, 2007. Once issued, the renewal date for the licenses would be December 31, 2007. Mr. Zimbelman attended Kansas College of Technology in Salina, Kansas, Hutchinson Community College in Hutchinson, Kansas, Barton County Community College in Great Bend, Kansas and earned an Associate in Applied Science Degree in Mortuary Science and Fire/Medic at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                                           

Embalmer-Funeral Director Applicant: Mr. Alex P. Gehring

 

(Bedene-Holroyd) To grant an embalmer license upon completion of apprenticeship and 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. Mr. Gehring is scheduled to complete his apprenticeships at Becker-Dyer-Stanton Funeral Home in Atchison, Kansas on August 18, 2007. Once issued, the renewal date for the licenses would be July 31, 2008. Mr. Gehring attended Highland Community College in Highland, Kansas, earned a Bachelor of Science in Family Studies and Human Services in Life Span Human Development at Kansas State University in Manhattan, Kansas and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                                           

Funeral Director Applicant: Ms. Sarah M. Sourk

 

(Wangemann-Young) To grant a funeral director license upon payment of an initial license fee of $48.00 and passing the written funeral director examination which will be administered later today. Carried. Ms. Sourk completed her funeral directing apprenticeship at Lauer Funeral Home in Seneca, Kansas. Once issued, the renewal date for the license would be July 31, 2009. Ms. Sourk attended Highland Community College in Highland, Kansas and earned a Bachelor of Science Degree in Family Studies and Human Services in Communication Sciences and Disorders at Kansas State University in Manhattan, Kansas.

                                                                                                                                                                                                                                                                           

Funeral Director Applicant: Mr. Tracy D. Wiegert

 

(Holroyd-C. Smith) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $8.00 and passing the written funeral director examination which will be administered later today. Carried. Mr. Wiegert is scheduled to complete his funeral directing apprenticeship at Roselawn Mortuary in Salina, Kansas on August 7, 2007. Once issued, the renewal date for the license would be November 30, 2007. Mr. Wiegert attended Marymount College in Salina, Kansas, Kansas State University in Manhattan, Kansas and earned an Associate of Arts Degree in Computer Science at Kansas Wesleyan University in Salina, Kansas.

                                                                                                                                                                                                                                                                           

Embalmer-Funeral Director Applicant: Mr. Lyle D. Kee

 

(Young-Wangemann) To grant an embalmer license upon and payment of an initial license fee of $119.00 and to grant a funeral director license upon payment of an initial license fee of $34.00 and passing the written funeral director examination which will be administered later today. Carried. Mr. Kee completed his apprenticeships at Campbell Funeral Home in Yates Center, Kansas. Once issued, the renewal date for the licenses would be November 30, 2008. Mr. Kee attended Allen County Community College in Iola, Kansas, Neosho County Community College in Chanute, Kansas, earned a Bachelor of Science Degree in Human Resources Management at Friends University in Wichita, Kansas, attended Emporia State University in Emporia, Kansas, earned a Master of Public Administration Degree in Criminal Justice at City University in Bellevue located in Seattle, Washington and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                                            

Reciprocal (Missouri) Funeral Director Applicant: Mr. Lindsay E. Jones

 

(C. Smith-Wangemann) To grant a funeral director license upon payment of an initial license fee of $152.00 and passing the written funeral director examination which will be administered later today. Carried. Once issued, the renewal date for the license would be October 31, 2008. Mr. Jones attended Rockhurst University in Kansas City, Missouri, earned a Bachelor of Business Administration Degree at Drury College in Springfield, Missouri and a Master of Business Administration Degree at the University of Missouri at Kansas City in Kansas City, Missouri. He was licensed as a funeral director in the state of Missouri in 1979.

                                                                                                                                                                                                                                                                            

Funeral Director Applicant: Mr. Todd M. Beeson

 

Mr. Beeson failed to appear to meet with the board. He lacks one month and four (4) days in completing his funeral directing apprenticeship. He was employed at Hawks Funeral Home and Cremation Service in Arkansas City, Kansas until June 24, 2007. He served the greater majority of his funeral directing apprenticeship at Miles Funeral Service in Winfield, Kansas. Once issued, the renewal date for the license would be February 28, 2008. Mr. Beeson earned an Associate in Applied Science Degree in Mortuary Science at Amarillo College in Amarillo, Texas. He was granted a Kansas reciprocal (Texas) embalming license on October 13, 2006. He did not notify the board that he would not be able to meet with the board as scheduled.

                                                                                                                                                                                                                                                                              

Funeral Director Applicant: Ms. LeAnne R. Donham

 

(Wangemann-Holroyd) To grant a funeral director license upon payment of an initial license fee of $20.00 and passing the written funeral director examination which will be administered later today. Carried. Ms. Donham completed her funeral directing apprenticeship at Miles Funeral Service in Winfield, Kansas. Once issued, the renewal date for the license would be April 30, 2008. Ms. Donham earned an Associate of Arts Degree from Cowley County Community College in Arkansas City, Kansas.

                                                                                                                                                                                                                                                                              

Embalmer-Funeral Director Applicant: Mr. Kyle R. Wade

 

(Bedene-Young) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $28.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $8.00 and passing the written funeral director examination which will be administered later today. Carried. Mr. Wade is scheduled to complete his apprenticeships at Derfelt’s Baxter Springs Chapel in Baxter Springs, Kansas on August 24, 2007. He served a portion of his apprenticeships at Amos Family Funeral Home in Shawnee, Kansas. Once issued, the renewal date for the licenses would be November 30, 2007. Mr. Wade attended Pittsburg State University in Pittsburg, Kansas, Fort Scott Community College in Fort Scott, Kansas, Missouri Southern State College in Joplin, Missouri and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                                             

Embalmer-Funeral Director Applicant: Ms. Kamela R. Wright

 

(C. Smith-Holroyd) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $21.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $6.00 and passing the written funeral director examination which will be administered later today. Carried. Ms. Wright is scheduled to complete her apprenticeships at Swaim Funeral Home in Dodge City, Kansas on September 1, 2007. Once issued, the renewal date for the licenses would be November 30, 2007. Ms. Wright attended Dodge City Community College in Dodge City, Kansas, Seward County Community College in Liberal, Kansas, Newman University in Wichita, Kansas, earned Bachelor of Science Degrees in Education–Biological Science and Life Sciences at Kansas State University in Manhattan, Kansas and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                                             

Reciprocal (Washington) Funeral Director Applicant: Mr. Kenneth G. “Ken” Cheney

 

(Young-Wangemann) To grant a reciprocal (Washington) funeral director license upon passing the written funeral director’s examination, completion of one-year of licensure (completion date: August 15, 2007) in the State of Washington and payment of an initial license fee of $18.00. Carried. The renewal date for the license would be March 31, 2008. Mr. Cheney was granted licensure in the state of Washington on August 15, 2006. He passed the national examination on June 16, 2006. He attended Utah Valley State College in Orem, Utah, Olympic College in Bremerton, Washington, Yakima Valley Community College in Yakima, Washington and earned an Associate in Applied Science Degree in Funeral Service Education at Mt. Hood Community College in Gresham, Oregon. Mr. Cheney was granted a Kansas reciprocal (Washington) embalmer license on April 12, 2007. He is currently employed as an embalmer and assistant funeral director at Beckwith Mortuary in Larned, Kansas.

                                                                                                                                                                                                                                                                              

Two funeral director applicants for licensure were unable to attend this meeting. They have rescheduled to meet with the board at the October 11, 2007 meeting, when the board will consider their applications. One funeral director examinee retake applicant was not able to attend this meeting, but intends to be administered the examination at the October 11, 2007 meeting.

                                                                                                                                                                                                                                                                               

          The board recessed for lunch in the Jayhawk Tower Restaurant.

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.

                                                                                                                                                                                                                                                                                

VI.      Board Business:

 

             1)     (Young-Bedene) To approve the quarterly lists of continuing education. Carried. One list contains correspondence/home study programs. Both of these lists of approved continuing education programs are regularly updated and are available on the board’s web site on the internet and are mailed to licensees not having internet access on a quarterly basis.

             2)     (C. Smith-Young) To approve the list of lapsed licenses as amended. Carried. The list is a part of these minutes and contains the names of individuals whose license renewals are past due for longer than six months 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)     (C. Smith-Holroyd) To approve the FY 2007 fourth quarter (April 1-June 30, 2007) and FY 2007 Final (July 1, 2006-June 30, 2007) Inspection Reports of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. During FY 2007, Inspector Mills conducted 731 inspections traveling 26,926 miles covering 105 Kansas counties. He inspected ten (10) new funeral homes (five branch facilities and five main facilities) and six (6) new crematories. A total of 14 violations was noted in FY 2007. Seven (7) involved licenses not being appropriately displayed and seven (7) involved violations in the preparation (embalming) room.

             5)     Reviewed the current roster of apprentice embalmers and funeral directors. A total of 36 apprentices are currently registered with the board.

             6)     Discussion of news articles relating to the funeral profession that have been provided to board members and legal counsel for their review.

             7)     A reminder of the remaining 2007 Board meeting date: October 11, 2007. Assistant Attorney General Nohe will not be available for this meeting. If legal representation is needed, Executive Secretary Smith will contact Ms. Nohe, and she will arrange for another attorney to be in attendance.

             8)     Proposed dates for 2008 Board meetings are: January 10, April 10, July 10 and October 9. (Bedene-Young) To approve the 2008 meeting dates. Carried. KSBMA Administrative Specialist Mary Kirkham reserved the Florentine Room on these dates for administration of the written funeral directors’ examination.

             9)     The board signed travel vouchers and licenses.

           10)     No new information regarding the reclassification of the title of the KSBMA’s Inspector’s position.

           11)     Update on changes/additions to funeral establishments, branch establishments and refrigeration units–The board reviewed a number of changes involving funeral establishment/branch establishment licenses as well as funeral homes with refrigeration units that have recently taken place.

                                                                                                                                                                                                                                                                                 

VII. Executive Secretary's Report:

 

            1)      Budget Update

a) The 2007 Kansas Legislature and Governor Kathleen Sebelius approved the following budget amounts for the KSBMA, which are contained in section 77, page 23, of House Bill 2368:

I) FY 2007–The expenditure limitation was $287,914 (which included $22,281 from the Kansas Savings Incentive Program (KSIP). Actual expenditures for FY 2007 were $240,861, which means 84% of the expenditure limitation was spent–leaving an agency balance/savings of $47,053/16%. $16,637.33 of unspent KSIP funds will be transferred and included as a part of the FY 2008 KSBMA budget.

II) FY 2008–$267,421, which includes salary increases authorized by the 2007 Kansas Legislature and Governor. The FY 2008 Pay Plan calls for a salary increase of 2% with 7/13/2007 paychecks, an $860 bonus on 12/14/2007 with a $10 per year increase to the longevity bonus for classified employees beginning 6/17/2007. The adjusted budget figure for FY 2008 will increase by $16,637 due to unspent KSIP funds transferred from the FY 2007 budget–making the FY 2008 total budget: $284,058.

III) FY 2009–$267,609–Approved by the 2007 Kansas Legislature and Governor–which does not include any salary increases as they will be determined by the Governor and Legislature at a later date.

            2)      Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB.)

a) The board reviewed the report by Executive Secretary Smith regarding the recent Association of Executives of Funeral Service Boards (AEFSB) Annual Meeting, “Bridging the Gaps.” Presentations included: Disciplinary Resolutions/Beth Young of the Virginia Board of Funeral Directors & Embalmers, Organ/Tissue Recovery and the Funeral Home/Debbie Orecki of the New York Bureau of Funeral Directing, Crematory Regulation/Diana Evans of the Florida Division of Funeral, Cemetery and Consumer Services and general discussions over a number of topics, including Continuing Education, Board Member/Staff Interaction, Most Effective Methods for Pre-Need Regulation.

b) The board reviewed the report by Executive Secretary Smith regarding the 103rd Annual Convention of the ICFSEB. Presentations included: Updates on the National Examination/Tom Talisman of Pearson Vue, Current Issues Facing Funeral Service/Joseph Hayes Assistant General Counsel for Service Corporation International (SCI), Model Code of Conduct for Board Members/Dale Atkinson from the Federation of Associations of Regulatory Boards (FARB) and general discussions at district meetings including: Regulation of Preneed, Reciprocity, Organ Donation/Regulatory Boards, and Tissue Procurement Centers/Tissue Banks.

c) The board noted Part I of an article “The Story of the Conference” that appeared in the July 2007 edition of the American Funeral Director, and Part II, titled “Change Is Good” which appeared in the July/August edition of Mortuary Management.

            3)      Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.

a) Mr. Smith will be unable to attend the Annual Conference on September 5-8, 2007 in Atlanta, Georgia.

            4)      Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)

a) (Bedene-Young) To have Executive Secretary Smith represent the KSBMA at the Annual Attorney Certification Seminar in Professional Regulatory Law on October 5-7, 2007 in Charleston, South Carolina if his schedule allows. Carried.

            5)      Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA) lead by KFDA Executive Director Pam Scott, who re-entered the meeting:

a) Executive Secretary Smith presented a report on the Tri-State (Kansas, Missouri & Nebraska) Convention that he attended along with Inspector Francis Mills. There were many excellent presentations, including: And We Wonder Why People Question the Value of Funerals: Creating a Proactive Approach/Dr. Alan D. Woelfelt, Quality or Else/Todd Van Beck, Impact of Donations/Brandon Brown of the Midwest Transplant Network and Preserving and Restoring the Tissue Donor/Tim Collison. There were approximately 474 (275 from Kansas) attendees at the Convention. This figure is down slightly from 2005 when approximately 525 were in attendance.

b) The board reviewed the 2007 KFDA Legislative Report that appeared in the May 2007 edition of the KFDA Journal.

c) Upcoming Fall District Meetings: As scheduling allows, Executive Secretary Smith will represent the KSBMA at these meetings. Inspector Mills and Administrative Specialist Kirkham will attend one of the meetings as scheduling allows. A program on the Westboro Baptist Church/funeral picketing and the Patriot Guard is scheduled for the meetings with a panel discussion following the presentation.

            6)      Information on the board’s Web Site, located at: http://www.kansas.gov/ksbma/, continues to be updated on a regular basis.

a) Changes to the License Listings–Changes since the most recent quarterly update will be noted with a green colored *.

b) The board reviewed the current Licensee Question of the Month.

            7)      The board discussed information from the National Funeral Directors Association (NFDA).

a) The board reviewed the NFDA’s Cremation Statistics and Projections

            8)      The Federal Trade Commission’s (FTC) Funeral Rule–Again, no new information regarding review of the rule is known at this time.

            9)      Updated information from the American Board of Funeral Service Education (ABFSE):

a) The board reviewed the report by Executive Secretary Smith regarding the recent ABFSE’s 45th Annual Meeting. Presentations included: Accreditation of Mortuary Colleges/Dr. William Counce & Dr. Michael Smith, Structure, Process, Expectations/Tim Krause, Curriculum Study/Francisco Solis, Distance Learning/Dr. Michael Smith, Museum of Funeral Customs/Stephanie Kann, James & Ruthann Augustine of the Milwaukee Area Technical College, National Mass Fatalities Institute/Joel Myers, Steve Koosman, Stephen Smith of the St. Louis Community College.

b) The board discussed the proposed Funeral Service-Arts Degree and accompanying survey provided by the ABFSE. KFDA Executive Director Scott said that the KFDA has also received information and a survey regarding this degree.

          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–The board continues to work with this group providing informational brochures and planning guides as needed.

          14)     Updated information from the Funeral Ethics Organization (FEO).

          15)     Updated information from the American Society of Embalmers (ASE):

a) The Third (3rd) Annual Meeting and Conference will be held on October 26-27, 2007 in Detroit, Michigan.

          16)     The Citizen Advocacy Center (CAC)

a) Information for their upcoming 2007 Annual Conference was reviewed.

          17)     Updated information from the Office of Vital Statistics (OVS)/Electronic Death Registration System

a) The April 1, 2007 Quarterly OVS newsletter was discussed.

          18)     Office Lease Contract–The current five-year lease expires as of August 31, 2007. The agency has completed the lease process required by the

Division of Facilities Management (DFM) including an advertisement of bids for office space and has reached a five-year agreement with the Jayhawk Tower Corporation that must be approved by DFM and the Joint Committee on State Building Construction (JCSBC.) The lease will be considered by the JCSBC at their meeting scheduled for July 19, 2007.

          19)     Updated information from the Kansas City Kansas Community College Mortuary Science Advisory Board

a) The Advisory Board Meeting of July 3, 2007 information was discussed.

b) Mr. Smith made a presentation to the KCKCC Practicum Students regarding the Kansas Licensure process on July 3, 2007. The outline was reviewed and discussed.

          20)     Presentation:

a) Mr. Smith made a presentation to the KCKCC Practicum Students regarding the Kansas Licensure process on July 3, 2007.

          21)     Temporary Licensure of Fleener Funeral Home of Greensburg, Kansas–

(C. Smith-Bedene) To approve an establishment license for Fleener Funeral Home of Greensburg, Kansas in Haviland, Kansas. Carried. The Fleeners intend to rebuild in Greensburg as soon as possible. Their facility sustained serious damage due to the tornado of May 4, 2007 which destroyed much of the town.

          22)     Zimmerman Funeral Home of Howard, Kansas–The funeral home was destroyed by a fire on June 30, 2007. The owner plans on rebuilding as soon as possible. In the meantime, Countryside Funeral Home located in Fredonia, Kansas will be handling their calls. The owner/licensee Lloyd Zimmerman was hospitalized due to injuries suffered due to the fire and having to jump from the second story of the burning funeral home.

                                                                                                                                                                                                                                                                              

VIII.    Election of Officers

 

1) (Holroyd-Young) To elect Mr. Bedene as KSBMA President. Carried.

          2) (Bedene-Young) To elect Mr. Holroyd as KSBMA Vice President. Carried.

Officers serve one year terms beginning with business for the upcoming October 2007 meeting and expiring with the conclusion of business resulting from the July 2008 meeting.

3) Appointment of Committees by President Bedene, remain:

a) Continuing Education Committee: Board members Holroyd & Bedene

b) Investigative Committee: Board members C. Smith & Young

c) Hearing Panel/Committee: Board members Wangemann, Holroyd & Bedene

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