KANSAS STATE BOARD OF MORTUARY ARTS

700 SW JACKSON, SUITE #904

TOPEKA, KANSAS 66603-3733

Thursday, July 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, July 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 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.

 

(Bedene-Young) 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-Holroyd) To adopt the April 9, 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.

 

(Bedene-Smith) To adopt the KSBMA Report made by President Holroyd on April 28, 2009 at the 112th Annual Convention of the Kansas Funeral Directors Association (KFDA) at the Capitol Plaza in Topeka, Kansas. Carried.

 

The board reviewed results of the written funeral directors’ examination administered on April 9, 2009 noting that 62.5% (five of eight 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 May, June and July of 2009 noting that 75.0% (nine of twelve) of all applicants were successful. These figures include two (2) retake examinations.

 

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 director applicants, two (2) funeral director applicants and two (2) reciprocal embalmer-funeral director applicants. One (1) funeral director applicant is scheduled to retake the funeral directors’ examination–making a total of ten (10) applicants 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 letters resulting from the April 2009 meeting to a first quarter progress apprentice embalmer-funeral director 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 and the letter extending the maximum apprenticeship time to a requesting apprentice with a medical situation.

 

The board reviewed a letter written by Executive Secretary Smith to a first quarter embalmer-funeral director apprentice in response to a question and a need to take a more active role in the funeral directing portion of the apprenticeship. No additional action was taken.

                                                                                                                                                                                                    

 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 April 9, 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, July 8, 2009 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

 

#08-25–(Bedene-Wangemann) To close the file. Carried. This assistant funeral director applicant’s application was denied by the board at their April 9, 2009 meeting.

 

#08-26–(Bedene-Wangemann) To close the file. Carried. This individual’s embalmer and funeral director licenses have been revoked as a result of felony convictions with information appropriately posted under Board Actions on the KSBMA web site.

 

#08-28 and #08-31–(Bedene-Wangemann) To close the files. Carried. 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 has changed the wording in all his advertising–as the competing funeral home has local ownership. The complaints involved unprofessional conduct in the form of inappropriate communication following death as well as inappropriate advertising. These files are being closed after completion of the investigation of a related complaint.

 

#08-33–(Bedene-Wangemann) To close the file. Carried. This individual’s embalmer and funeral director licenses were revoked due to a criminal conviction. Information has been added to the KSBMA web site under Board Actions.

 

#09-01–(Bedene-Wangemann) To close the file. Carried. This Kansas funeral director had action taken against his Missouri funeral director license by the Missouri Board of Embalmers and Funeral Directors. No action was taken by the KSBMA due to the apparent lack of intent to break the law.

 

 

#09-03–(Young-C. Smith) To adopt the recommendations of the Investigative Committee to advise the licensee that better attention to detail would have avoided the situation from occurring. Carried. The complaint involves the funding of a prefinanced funeral agreement.

 

#09-05–(Bedene-Wangemann) To close the file. Carried. There were no violations of laws regulated by the KSBMA in this complaint that involved unprofessional conduct.

 

#09-06–(Bedene-Wangemann) To close the file. Carried. There were no violations of laws regulated by the KSBMA in this complaint that involved unprofessional conduct regarding the rights of the legal next of kin to the deceased.

 

#09-07–(Bedene-Wangemann) To close the file. Carried. There were no violations of laws regulated by the KSBMA in this complaint that involved unprofessional conduct involving the billing procedures of a funeral home.

 

#09-10–(Young-C. Smith) To adopt the recommendations of the Investigative Committee that based on information provided by the funeral home there are no violations. Carried. The complaint involves prefinanced funeral agreements.

 

#09-11–(Young-C. Smith) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves fraudulent/deceptive/misleading advertising. The Attorney General’s Office notified the licensee that unless immediate corrective action was taken on all advertising in question, a petition would be filed to take disciplinary action against the funeral director’s license. The licensee responded that immediate action was taken to rectify the concerns expressed by the Attorney General’s Office on behalf of the KSBMA.

 

#09-12–(Bedene-Wangemann) To close the file. Carried. There were no violations of laws regulated by the KSBMA in this complaint that involved the legal next-of-kin and the cremation process.

 

#09-13–(Young-C. Smith) To adopt the recommendations of the Investigative Committee to notify both licensees that the continued allegations against each other create the perception of juvenile and unprofessional conduct. Carried. Each party needs to attempt to get along with each other and do a better job of communicating with one another. The complaint involves advertising concerns. Both parties were given an opportunity to present their views of this on-going situation as the Investigative Committee sent them each letters requesting information and mentioning 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–(Young-C. Smith) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves a noticeable difference in the number and amount of prefinanced funeral agreements filed with a funeral home’s establishment license renewal over a two-year time frame.

#09-15–(Young-C. Smith) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves misleading advertising that has since been addressed.

 

#09-16–(Young-C. Smith) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves misleading advertising that has since been addressed.

 

#09-17–(Young-C. Smith) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves the trusting of prefinanced funeral agreements.

 

#09-18–An assistant funeral director applicant. Following consideration of the application: (Bedene-Wangemann) To close the file. Carried. After reviewing all submitted paper work and meeting with the applicant, the application was approved.

 

#09-19–(Young-C. Smith) To adopt the recommendations of the Investigative Committee to notify the licensee of no violations. Carried. The complaint involves unprofessional conduct.

 

#09-20–(Young-C. Smith) To adopt the recommendations of the Investigative Committee of no violations and to close the file. Carried. The complaint involves misleading advertising that has been corrected.

 

#09-21–(Young-C. Smith) To adopt the recommendations of the Investigative Committee to notify all parties of no violations. Carried. The complaint involves unlicensed activity and fraudulent/deceptive/misleading advertising. Advertising on the web site has been corrected.

 

#09-22–(Young-Smith) To adopt the recommendations of the Investigative Committee to close the file due to the lack of a witness. Closed. The informant will be notified accordingly. The complaint involves unprofessional conduct.

 

#09-23–(Young-Smith) To adopt the recommendations of the Investigative Committee to notify the consumer that the actions fall beyond the scope of the KSBMA. Carried. Information will be provided to the Kansas and Missouri Attorney Generals as well as the Missouri State Board of Embalmers and Funeral Directors. The complaint involved failure of an out-of-state preneed provider to perform contractual duties for a death that occurred in the State of Kansas. This failure cost the family additional charges which the preneed provider was unwilling to pay for.

 

#09-24–(Young-Smith) To adopt the recommendations of the Investigative Committee to notify the licensee that based on information provided there were no violations. Carried. The complaint involved fraudulent/deceptive/misleading advertising and unlicensed activity.

 

#09-25–(Young-Smith) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involved failure to provide a refund in a timely fashion. The refund has since been provided to the consumer.

 

#09-26–(Young-Smith) To adopt the recommendations of the Investigative Committee to notify both parties of no violations. Carried. The complaint involved unprofessional conduct relating to at-need funeral arrangements.

 

#09-27–(Young-Smith) To adopt the recommendations of the Investigative Committee for the Assistant Attorney General Phillips to draft a Summary Order placing the individual’s assistant funeral director license on probation for five (5) years. Carried. The complaint involved action taken against the individual’s Missouri funeral director and funeral establishment licenses due to forging a signature on a Missouri death certificate. The Missouri State Board of Embalmers and Funeral Directors will be appropriately notified.

 

#09-28–No action necessary at this time.

 

#09-29–(Young-Smith) To adopt the recommendations of the Investigative Committee for the licensee to either remove the business signs from the site of the formerly licensed facility or to put a Closed for Business sign large enough that it can be read from the street. Carried. The complaint involved fraudulent/ deceptive/misleading advertising.

 

#09-30–(Young-Smith) To adopt the recommendations of the Investigative Committee to notify the licensee and consumer that better attention to detail and clearer communication could have avoided the situation from occurring. Carried. The complaint involved unprofessional conduct with at-need funeral arrangements.

 

The board reviewed and discussed information regarding National Prearranged Services (NPS) and Lincoln Memorial Life Insurance Company. The insurance company is in receivership.

                                                                                                                                                                                                    

IV.      Legislative Discussion

 

The board discussed budget cuts and decreased revenue relating to 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 $550. With continued decreased revenues, there is a possibility of more funding cuts to all state agencies. 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 indigent funeral assistance monies from the county to the state. Funding for the funeral assistance program is scheduled to be reviewed by the 2010 Legislature.

 

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 34 relates to the Kansas Open Records Act (KORA) regarding exemptions to disclosure and became law on July 1, 2009.

 

Senate Bill 87 makes multiple changes to the Kansas Administrative Procedure Act (KAPA) effective July 1, 2009 which will affect prosecution of cases by state agencies, including the KSBMA.

 

Senate Bill 135 deals with serial meetings and the Kansas Open Meetings Act (KOMA) and became law July 1, 2009.

 

House Bill 2201 imposes conditions on licenses of individuals delinquent with Child Support Payments and became law July 1, 2009.

 

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–although actions in Senate Substitute for House Bill 2373 (listed below) did transfer $29,834 from the KSBMA KSIP fund to the State General Fund (SGF) with $5,554 and $8,298 in FY 2009 and $8,872 in FY 2010 from the KSBMA fee fund to the SGF–for a total transfer of $52,558 from the KSBMA to the SGF. In addition to the fee sweeps, an additional $24,382 was cut from the KSBMA budgets but will remain in the KSBMA fee fund for use in future years upon legislative approval–making a total of $76,940 eliminated from the KSBMA budgets for FY 2009, 2010 and 2011. The bill became law when published in the Kansas Register.

 

 Senate Substitute for House Bill 2373 contained the transfer of fee funds from the KSBMA to the State General Fund (SGF) that occurred during the Omnibus Session of the Legislature. The bill passed and was signed by the Governor with several line item vetoes–none impacting the KSBMA. It became law when published in the Kansas Register. A total of $52,558 as described above in HB 2354 of KSBMA fee/KSIP funds was transferred to the SGF.

 

Fortunately, the agency was able to make internal cuts and come in under budget enough in FY 2008 and FY 2009 to avoid the necessity of a fee increase–although an increase in fees will be necessary effective January 1, 2012. By delaying an increase until that time, no increases will be made for three renewal periods totaling six (6) years. Any additional sweeps of KSBMA fee funds to the SGF will result in the board needing to reevaluate their financial situation relating to additional internal cuts or having to increase fees prior to January 1, 2012.

 

It was noted that it will be necessary to request legislation to increase fee maximums outlined in KSA 65-1727 prior to the next fee increase for funeral establishments/branch establishments and crematories.

 

The board reviewed and discussed possible legislation to be considered for introduction during the 2010 Kansas Legislative Session. A draft of potential legislation relating to cremation was discussed with a draft to be provided by Executive Secretary Smith prior to the October meeting for review and action at that time. Items included in the draft legislation will include amendments regarding the act of cremation, licensure/requirements of crematories/crematory operators, the recycling of prosthetic implants relating to the cremation process, and related fees. In addition, the board will be requesting that statutory fee maximums be increased due to the need to increase renewal/licensure and related fees with fee increases not scheduled until January 1, 2012–unless additional fee sweeps occur.

                                                                                                                                                                                                

Assistant Attorney Nohe left the meeting.

                                                                                                                                                                                                

V.       Board Interviews with Applicants for Licensure:

 

Reciprocal (Iowa) Embalmer-Funeral Director Todd A. Carter

 

(Bedene-Wangemann) To grant a reciprocal embalmer license upon payment of an initial license fee of $63.00 and to grant a funeral director license upon payment of an initial license fee of $85.50 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Carter was formerly licensed in Kansas as an embalmer-funeral director. He attended North Iowa Area Community College in Mason City, Iowa, Mankato State University in Mankato, Minnesota and graduated from the Dallas Institute of Funeral Service in Dallas, Texas. He was licensed in Iowa in April of 1981.

                                                                                                                                                                                                    

Embalmer-Funeral Director Applicant: Mr. Roy L. Dalbey

 

(Young-Wangemann) To grant an embalmer license upon completion of apprenticeship, payment of an initial license fee of $70.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $20.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Mr. Dalbey is scheduled to completed his embalming and funeral directing apprenticeships at Mercer Funeral Home in Holton, Kansas on July 28, 2009. Once issued, the renewal date for both licenses would be April 30, 2010. Mr. Dalbey 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. Shirley J. Leach

 

(Bedene-Wangemann) To grant an embalmer license upon completion of apprenticeship, payment of an initial license fee of $126.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $36.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Ms. Leach is scheduled to complete her embalming and funeral directing apprenticeships at Lawrence Funeral Chapel in Lawrence, Kansas on July 16, 2009. Once issued, the renewal date for both licenses would be December 31, 2010. Ms. Leach attended Highland Community College in Highland, Kansas, the University of Kansas in Lawrence, Kansas 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: Mr. Luke D. Otte

 

(Young-Smith) To grant an embalmer license upon completion of apprenticeship, payment of an initial license fee of $140.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $40.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Mr. Otte is scheduled to completed his embalming and funeral directing apprenticeships at Mid America Mortuary Service in Kansas City, Kansas on August 20, 2009. Once issued, the renewal date for both licenses would be March 31, 2011. Mr. Otte earned an Associate of Science Degree at Fort Scott Community College in Fort Scott, Kansas 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: Mr. Shane D. Lohse

 

(Holroyd-Wangemann) To grant an embalmer license upon payment of an initial license fee of $126.00 and to grant a funeral director license upon payment of an initial license fee of $36.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Lohse completed his embalming and funeral directing apprenticeships at Yorgensen-Meloan-Londeen Funeral Home in Manhattan, Kansas on June 11, 2009. He served a portion of his apprenticeship at Rumsey-Yost Funeral Home and Crematory in Lawrence, Kansas. Once issued, the renewal date for both licenses would be December 31, 2010. Mr. Lohse attended Highland Community College in Highland, Kansas 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: Mr. Curtis R. McCullough

 

(Young-Holroyd) To grant an embalmer license upon completion of apprenticeship, payment of an initial license fee of $126.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $36.00 and passing the written funeral director examination, which will be administered later today. Carried. With continuous employment, Mr. McCullough is scheduled to complete his embalming and funeral directing apprenticeships at Cheney Witt Chapel in Fort Scott, Kansas on August 25, 2009. Once issued, the renewal date for both licenses would be January 31, 2011. Mr. McCullough attended Fort Scott Community College in Fort Scott, 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: Mr. Aaron A. LaDuke

 

(Wangemann-Holroyd) 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. With continuous employment, Mr. LaDuke is scheduled to completed his funeral directing apprenticeship at Penwell-Gabel Funeral Home and Crematory, Mid Town Chapel in Topeka, Kansas on August 26, 2009. Once issued, the renewal date for the funeral director license would be December 31, 2010. Mr. LaDuke attended St. Ambrose University in Davenport, Iowa and earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                      

Funeral Director Applicant: Mr. Patrick S. “Pat” Post

 

(Bedene-Young) To grant a funeral director license upon payment of an initial license fee of $44.00 and passing the written funeral director examination, which will be administered later today. Carried. Mr. Post completed his funeral directing apprenticeship at Cochran Mortuary in Wichita, Kansas on June 25, 2009. Once issued, the renewal date for the funeral director license would be April 30, 2011. Mr. Post earned an Associate of Arts Degree in Behavioral Science at East Mississippi Community College in Mayhew, Mississippi.

                                                                                                                                                                                                      

Reciprocal (Texas) Embalmer-Funeral Director Applicant: Jannetta M. Brass

 

(Wangemann-Holroyd) To grant a reciprocal 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 $76.00 and passing the written funeral director examination, which will be administered later today. Carried. Ms. Brass attended Northeastern Oklahoma A & M in Miami, Oklahoma, Connors State College in Muskogee, Oklahoma and graduated from the Dallas Institute of Funeral Service in Dallas, Texas with an Associate of Applied Science Degree. She was licensed in Texas as an embalmer-funeral director in April of 2008.

                                                                                                                                                                                                        

Assistant Funeral Director Applicant: Tara L. Riedhart

 

(Young-Wangemann) To approve her assistant funeral director application. Carried. Ms. Riedhart has graduated from Kansas City Kansas Community College in Kansas City, Kansas and has passed the national board examination (NBE) and will be registering to serve embalming-funeral directing apprenticeships.

                                                                                                                                                                                                         

VI. Board Business:

 

             1)     (Bedene-Wangemann) 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)     (Wangemann-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. Six (6) assistant funeral director licenses, nine (9) funeral director licenses and eight (8) funeral director licenses 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. Nine (9) embalmer licenses, and eight (8) funeral directors were included on this list for the months with renewals due by the end of January, February, March, April, May, and June of 2009.

 

              4)   (Bedene-Young) To approve the FY 2009 fourth quarter (April 1-June 30, 2009) and Year End Inspection Reports of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried. 146 inspections were conducted during the quarter including six (6) violations relating to failure to display licenses and preparation room issues were noted. For FY 2009, 563 inspections were conducted with 23 violations 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: fifteen (15) embalmer-funeral directors, two (2) embalmers and six (6) 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)     The remaining 2009 Board regularly scheduled meeting date is October 8th.

             8)     (Bedene-Young) To approve the following year 2010 regularly scheduled board meeting dates of January 14, April 8, July 8 and October 14. Carried.

             9)     The board signed travel vouchers and licenses.

                                                                                                                                                                                                          

VII.     Executive Secretary's Report:

 

            1)      Budget Update

a) The KSBMA budget for FY 2009 was $268,307. The approved budget does not allow any spending in Kansas Savings Incentive Program (KSIP) funds. Fee funds swept to the SGF include $472 for the KPERS Death and Disability Moratorium Lapse, $5,082 for the Group Health Insurance Moratorium Lapse–for a total of $5,554 in additional cuts–which makes the actual FY 2009 budget $262,753 ($268,307-$5,554.) This amount represents a decrease of $17,766 (approximately 6.2%) from the KSBMA’s original request of $286,073. In addition, the legislature swept $8,298 and $29,834 from the KSBMA’s KSIP Fund to the SGF for an additional transfer of $38,132.

b) The KSBMA budget recommendation for FY 2010 is: $270,657 (not including the $853 increase approved by the Finance Council for an under market position) which represents a decrease of $11,893 (approximately 4.2%) from the KSBMA’s original request of $282,550. This amount includes a transfer of $8,872 from the agency’s fee fund to the SGF of money already cut from the agency’s budget. Total sweeps of fee/KSIP funds to the SGF in FY’s 2009 and 2010 amount to $52,558.

c) The KSBMA budget for FY 2011 is: $270,657 (not including the $853 increase for an under market position) which represents a decrease of $24,382 (approximately 8.3%) from the KSBMA’s original request of $295,039. This amount does not include any sweep of agency fee funds to the State General Fund (SGF.) Amendments to this budget may change in the future depending on legislative action relating to state revenues. All agencies required to submit biennial budgets had their FY 2011 amounts 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. As was previously mentioned, $52,558 was transferred from the KSBMA fee fund to the SGF. In addition to the fee sweeps, an additional $24,382 was cut from the KSBMA budgets but will remain in the KSBMA fee fund for use in future years upon legislative approval–making a total of $76,940 eliminated from the KSBMA budgets for FY 2009, 2010 and 2011

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

a) The Summer 2009 Newsletter was reviewed.

b) The 2009-2010 Professional Directory was provided to members.

            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) 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, Mr. Mills and Ms. Kirkham represented the KSBMA at the KFDA’s 112th Annual Convention held in Topeka. President Holroyd was also in attendance and gave the KSBMA Annual Report.

b) Mr. Smith will present a KSBMA Update at the Fall District Meetings tentatively scheduled for the first two weeks in September. Mr. Mills and Ms. Kirkham will attend one meeting as their schedules allow.

            6)      New/updated information located on the board’s Web Site, which can be found at: http://www.kansas.gov/ksbma/.

a) Kansas.gov will set up the entire KSBMA renewal process so that it will be able to be performed on-line with a tentative effective date of February 2010 at no cost to the agency.

b) There were more than 70,000 successful requests/hits on the KSBMA web site for information during the month of June 2009.

            7)      The board discussed information pertaining to the National Funeral Directors Association (NFDA). In an attempt to minimize travel, Mr. Smith will not attend the upcoming annual meeting.

            8)      Updated information from the Federal Trade Commission (FTC) regarding the Funeral Rule was discussed, including recent Staff Opinions, which are included on the KSBMA web site.

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

          10)     Updated information from the Cremation Society of North America (CANA). A member of the CANA Board of Directors will review the initial draft of proposed legislation to be provided by Mr. Smith and presented to the KSBMA Board at the October 2009 meeting.

          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.

          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.)

a) The current status of the Electronic Death Registration System (EDRS) was reviewed.

          17)     Updated information from the Kansas City Kansas Community College (KCKCC) Mortuary Science Program. Mr. Smith met with KCKCC Mortuary Science Director Wiley Wright and provided an update of the state’s only mortuary college.

          18)     Updated information from the Kansas Mass Fatality Task Force, including information regarding the Kansas Pandemic Influenza Preparedness and Response Plan.

          19)     A letter of appreciation from a licensee regarding the KSBMA staff was noted by the Board.

          20)     Updates on the new Missouri Preneed Law and Colorado’s State Funeral Regulation Law were provided to the Board by Mr. Smith.

                                                                                                                                                                                                    

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.

                                                                                                                                                                                                  

VIII.    Election of Officers

 

(Young-Wangemann) To reelect Fred Holroyd as President. Carried.

 

(Bedene-Wangemann) To reelect Bill Young as Vice President. Carried.

 

All committees will remain as is.

                                                                                                                                                                                                     

IX.      New/Old/Remaining Business/Adjournment

 

(Wangemann-Holroyd) 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 8, 2009.

                                                                                                                                                                                                    

 

Respectfully submitted:

                                                    

Mack Smith, Executive Secretary

                                           

Fred Holroyd, President