KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, January 12, 2006
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, January 12, 2006:
I. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by Vice President Barry Bedene.
Roll call by Executive Secretary Mack Smith found the following board members in attendance: Vice President Barry W. Bedene, Arma, licensee; Board Member Charles R. Smith, Overland Park, consumer, and Board Member Fred G. Holroyd, Topeka, licensee. President Melissa A. Wangemann, Topeka, consumer, and Board Member William H. “Bill” Young, Lake Quivira, licensee, were unable to attend the meeting. 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.
(C. Smith-Holroyd) To approve a final agenda for this meeting as amended. Carried.
(C. Smith-Holroyd) To adopt the October 6, 2005 regularly scheduled board meeting minutes as amended. 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 October 6, 2005 noting that 80% (8 of 10 applicants) were successful and reviewed information provided by examinees on the “Exit” application from this funeral director examination (which allows an opportunity for applicants to express their thoughts on the examination and examination process.) One of the two unsuccessful applicants has come to the office and reviewed the examination.
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: six (6) embalmer-funeral directors, two (2) embalmers, three (3) funeral directors and four (4) reciprocal embalmer-funeral directors. Two (2) funeral director applicants will be retaking the examination. A total of fifteen (15) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.
The board discussed the situation of the funeral director applicant who failed to show at the October 6, 2005 meeting as scheduled and failed to notify the board that he would not be attending. This individual failed to submit his fourth quarter progress report and ended up having to re-serve the last quarter of apprenticeship. The applicant is scheduled to meet with the board at this meeting. The board will discuss the situation with him at that time. If his apprenticeship is approved by the board, he will be administered the written funeral director examination later this afternoon.
The board discussed the situation of apprentice embalmer-funeral director Jason J. Brown regarding his second quarter of apprenticeship at a funeral home he is no longer employed. (Holroyd-C. Smith) To approve the second quarter progress reports/apprenticeship and to credit the apprentice accordingly. Carried. Apprentice Brown has served four months/four days of apprenticeship at this time.
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 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 written reports available for review.
The board reviewed the second quarter progress reports of apprentice embalmer Curtis L. Foley. After reviewing the reports, the board decided to take no action at this time. The apprentice is beginning employment at a different funeral home on January 14, 2006.
The board reviewed the first quarter progress reports of apprentice embalmer-funeral director applicant Elizabeth J. Robinson. After reviewing the reports, the following action was taken:
(Holroyd-C. Smith) To approve the first quarter funeral directing apprenticeship but to deny the first quarter of embalming apprenticeship. Carried. Ms. Robinson will be notified accordingly and will be sent the necessary paperwork to re-serve the first quarter embalming apprenticeship.
lll. 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 resulting from action taken at the meeting of October 6, 2005.
Information on open complaints:
The Board’s Investigative Committee, which is composed of Board Members
Wangemann and Bedene with legal assistance provided by Assistant Attorney General (litigation) Steve Phillips and administrative assistance by Executive Secretary Smith, met on Wednesday, January 11, 2006 to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#05-30–This individual’s embalmer license was suspended for six (6) months with public censor due to a conviction of a crime of moral turpitude and failure to indicate such when renewing their license. The suspension is stayed contingent upon earning an additional six hours of continuing education in the area of ethics to be approved by the board’s executive secretary within twelve months (by November 22, 2006.) Failure to complete the required continuing education by November 22, 2006 will result in a one year suspension. This file will remain open. (C. Smith-Holroyd) To approve the action of the Investigative Committee and to send a letter of public censure to the Joplin Globe Newspaper. Carried.
#05-33–(Holroyd-C. Smith) To close the file. Carried. The licensee was notified that pursuant to KAR 63-3-17 the family should have been provided a copy of the written price statement at the time funeral arrangements were made or before providing merchandise or services.
#05-36–(Holroyd-C. Smith) To close the file. Carried. The funeral home refunded $1,392.77, which is the price of a casket which was not properly authorized to be used by the family pursuant to KAR 63-3-17.
#05-38–(Holroyd-C. Smith) To close the file. Carried. Both parties were notified that no violations of laws regulated by the board appear to have occurred. Carried. The complaint deals with unauthorized embalming and unprofessional conduct. The family has notified the KSBMA that they are considering civil action against the funeral home.
#05-41–(Holroyd-C. Smith) To close the file. Carried. The crematory was notified that they are in violation of KAR 63-7-2 (c) and need to adjust their record keeping system immediately. The inspector has and will continue to check to ensure that the appropriate changes to the records maintained by the crematory are in compliance with Kansas statutes and regulations.
#05-42–(Holroyd-C. Smith) To close the file. Carried. The funeral home was notified that they should not have accepted the overpayment check on behalf of the family from the financial institution. A copy of the Board’s letter was sent to the ERU. This action has contributed to an overpayment of $1,400.00 not being sent to the Estate Recovery Unit of the Division of Health Care Policy and Finance. The complaint involves a possible overpayment of approximately $1,400.00 paid to the family instead of the Estate Recovery Unit (ERU) of the Division of Health Care Policy & Finance (formerly SRS.) Any action to recover the overpayment will be made by the ERU.
#05-43–The file will remain open. The embalmer-funeral director licenses of this individual were suspended for six months by the Board at the October 6, 2005 meeting (until April 6, 2006.) The Nebraska license of this individual was suspended for six months due to inappropriate use of his license.
#05-44–(Holroyd-C. Smith) To close the file. Carried. This file was reopened following additional correspondence by the consumer after the October 6, 2005 board meeting. The complaint involves action of a Missouri funeral home not regulated by the KSBMA.
#05-45–(Holroyd-C. Smith) To close the file. Carried. The Board notified the licensee of the provisions in KSA 65-1734 concerning the order of priority of persons authorized to dispose of decedent remains.
#05-47–(Holroyd-C. Smith) To close the file. Carried. The licensee was notified that clearer communication may have avoided the situation from occurring. The complaint concerns a prefinanced funeral agreement and conduct of a licensee.
#05-48–(Holroyd-C. Smith) To close the file. Carried. The licensee was notified that clearer communication would have avoided the situation from occurring. The complaint concerns misleading information contained in a newspaper article.
#05-49–(Holroyd-C. Smith) To close the file. Carried. The complaint involves the handling of remains and authorization/charges for embalming.
#05-50–(Holroyd-C. Smith) To close the file. Carried. The complaint involves the handling of remains and authorization/charges for embalming.
#05-51–(Holroyd-C. Smith) To close the file. Carried. The licensee was advised that any future violations will result in licensure action by the board. The complaint involves the failure of a funeral home to submit the May and June 2005 monthly death reports to the Office of Vital Statistics (OVS.)
#05-52–(Holroyd-C. Smith) To close the file. Carried. The licensee was advised that any future violations will result in licensure action by the board. The complaint involves the failure of a funeral home to submit the May and June 2005 monthly death reports to the Office of Vital Statistics (OVS.)
#05-53–(Holroyd-C. Smith) To close the file. Carried. The licensee was advised that any future violations will result in licensure action by the board. The complaint involves the failure of a funeral home to submit the May and June 2005 monthly death reports to the Office of Vital Statistics (OVS.)
#05-54–(Holroyd-C. Smith) To close the file. Carried. The licensee was advised that any future violations will result in licensure action by the board. The complaint involves the failure of a funeral home to submit the May 2005 monthly death report to the Office of Vital Statistics (OVS.)
#05-55–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves concerns with embalming and unprofessional conduct. The family did not wish to proceed with the complaint process.
#05-56–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. Parties will be notified accordingly. The complaint involves concerns with the casket selection and conduct of funeral home personnel.
#05-57–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. Parties will be notified accordingly. The licensee will be reminded of the law in place regarding overpayments being submitted to the ERU when SRS has notified the funeral home that the deceased or spouse of the deceased is receiving assistance. The complaint involves an $809.67 overpayment paid to the family by the funeral home that should have gone to the ERU. The family has since repaid $809.67 to the ERU.
#05-58–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The board does not have jurisdiction in one of the areas of concern of the consumer. The consumer will be advised to contact an attorney if she wishes to take action against the licensee. The licensee will be advised that better judgment may have avoided the situation from occurring. The complaint involves unprofessional conduct and a discrepancy of the balance owed on the funeral bill.
#05-59–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The complaint was transferred to the KSBMA by the Kansas Insurance Department and involves the value of a prefinanced funeral agreement at the time of need. A copy of the correspondence will be provided to the Insurance Department.
#05-60–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The complaint involves unprofessional conduct. The licensee will be advised that better communication could have avoided the situation from occurring.
#05-61–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify the licensee that no violations of laws regulated by the board appear to have occurred. Carried. The complaint involves the potential of at-need solicitation.
Board member Holroyd left the meeting.
#05-62–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves a prefinanced funeral agreement.
Board member Holroyd returned to the meeting.
#05-63–This individual is convicted of an felony and is applying for an assistant funeral director license that will be considered by the board later this meeting. After meeting with the applicant, the board granted an assistant license.
(C. Smith-Holroyd) To close the file. Carried.
#05-64–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The complaint involves an overpayment of $423.83 paid to the family by the funeral home instead of to the ERU. Because there is a surviving spouse, ERU will not attempt to recover the overpayment in question. The licensee will be reminded of the law in place regarding overpayments being submitted to the ERU when SRS has notified the funeral home that the deceased or spouse of the deceased is receiving assistance.
#05-65–No action at this time. The complaint involves failure of a funeral home to file a death certificate in a timely manner. The death certificate has since been re-filed. Once the family has received the re-filed copies of the death certificate, the Investigative Committee will make their recommendation to the board.
#05-66–(Holroyd-C. Smith) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves prefinanced cemetery merchandise agreement–which does not fall under the jurisdiction of the KSBMA. Information has been forwarded to the Kansas Attorney General’s Office, Consumer Protection/AntiTrust Division.
#05-67–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The complaint involves the value of a prefinanced funeral agreement upon death. The licensee will be notified that better communication could have avoided the situation from occurring.
#05-68–The Investigative Committee has directed the executive secretary to meet alone with the individual who was solicited by the licensee. Once that information has been obtained, the Investigative Committee will make their recommendation to the board at the April meeting. The complaint involves the possibility of uninvited at-need solicitation and unprofessional conduct.
#05-69–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee to notify both parties that no violations of laws regulated by the board appear to have occurred. Carried. The complaint involves unprofessional conduct. The funeral home will be advised that better communication could have avoided the situation from occurring.
IV. Assistant Funeral Director Applicant: Mr. Todd M. Coley
(C. Smith-Holroyd) To grant an assistant funeral director license to Mr. Coley. Carried. The board reviewed documentation presented by the applicant and met with the applicant and with licensee Michael Vann prior to granting the license.
V. Kansas Funeral Directors Association (KFDA) Executive Director Pam Scott
Ms. Scott and KFDA Policy Board Representative Mike Turnbull provided the board with written information and also addressed the board regarding assistant funeral directors licenses. Ms. Scott submitted a letter dated December 12, 2005 regarding Assistant Funeral Directors and provided additional information dated January 11, 2006 at the meeting today.
• The KFDA will seek legislation to require an applicant for a Kansas assistant funeral directors license to be a graduate of an accredited four-year high school or its equivalent (GED.)
• The KFDA is requesting that the KSBMA create an open book test on Kansas Law which an application for an assistant funeral director license shall pass prior to licensure. Current Kansas statutes (KSA 65-1717) give the board authority to establish and require passing an examination prior to licensure.
• The KFDA will seek legislation to require assistant funeral directors to complete six (6) hours of continuing education every two years.
• The legislation that the association will seek will not require currently licensed assistant funeral directors to meet the minimum high school education or the examination requirements. Currently licensed assistant funeral directors would be required to complete the continuing education requirements.
The KFDA Board of Directors requests that the KSBMA amend current Kansas regulations pertaining to the licensure of assistant funeral directors to require an applicant for licensure as an assistant funeral director take and pass an open book examination over Kansas law pertaining to funeral directing and pre-need funeral agreements prior to licensure. The association believes that such an examination will help the KSBMA determine whether an applicant is “capable” to act as an assistant funeral director, and serve as a prerequisite to licensure as well as forcing the applicant to become familiar with Kansas law.
(C. Smith-Bedene) To support the high school diploma/GED educational requirement. The board does not see the other areas involving assistant funeral directors as a statewide problem requiring regulatory remedy. Carried.
Additional KFDA Proposed Legislation:
The KFDA intends to introduce legislation eliminating the five (5) day waiting period for licensees to access prefinanced funeral agreement funds as is currently defined in K.S.A. 16-304 (a.)
Assistant Attorney General Camille Nohe left the meeting.
VI. Board Interviews with Applicants for Licensure:
Funeral Director Applicant: Mr. Bobby D. Meacham
(C. Smith-Holroyd) To grant a funeral director license upon payment of an initial license fee of $26.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Meacham completed his apprenticeship at Broadway Colonial Funeral Home in Newton, Kansas. Once issued, the renewal date for the license would be January 31, 2007. Mr. Meacham attended Butler County Community College in El Dorado, Kansas, Hutchinson Community College in Hutchinson, Kansas and earned a Bachelor of Science degree in Business Management and Masters degree in Information Systems at Friends University in Wichita, Kansas. Mr. Meacham failed to appear at the October 2005 board meeting. Should he not be successful in passing this written examination, he will be required to pay an examination fee in order to retake the written examination in the future.
Embalmer-Funeral Director Applicant: Ms. Elizabeth E. McCandless
(C. Smith-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 of the written funeral director examination, which will be administered later today. Carried. Ms. McCandless is scheduled to complete her apprenticeships on February 21, 2006, at Peterson Funeral Home in Newton, Kansas. Once issued, the renewal date for the licenses would be January 31, 2007. Ms. McCandless attended Hutchinson Community College in Hutchinson, 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. Brian H. Lervold
(C. Smith-Holroyd) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $77.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $20.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Lervold is scheduled to complete his apprenticeships on February 16, 2006 at Barnett-Larkin-Brown Funeral Home in Leavenworth, Kansas. Once issued, the renewal date for the licenses would be December 31, 2006. Mr. Lervold 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. Tony L. Signer
(Bedene-C. Smith) To grant an embalmer license upon completion of apprenticeship and 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 of the written funeral director examination, which will be administered later today. Carried. Mr. Signer is scheduled to complete his apprenticeships on January 31, 2006 at Coffel-Schneider Funeral Home in Pleasanton, Kansas. Once issued, the renewal date for the licenses would be July 31, 2007. Mr. Signer attended Fort Scott Community College in Fort Scott, Kansas, Pittsburg State University in Pittsburg, Kansas, earned a Bachelor of Science degree in Agribusiness 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 (Oklahoma) Embalmer-Funeral Director Applicant: Mr. Darren L. Christenson
(Holroyd-C. Smith) To grant a reciprocal embalmer license upon payment of a $189.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $256.00 initial license fee and passing the written funeral director examination, which will be administered later today. Carried. The renewal date for the licenses would be March 31, 2008. Mr. Christenson was granted licensure in the state of Oklahoma on January 13, 2000. He attended Colby Community College in Colby, Kansas, the University of Nebraska at Kearney in Kearney, Nebraska, Oklahoma City Community College in Oklahoma City, Oklahoma and earned a Bachelor of Science degree in Funeral Service at the University of Central Oklahoma in Edmond, Oklahoma. He passed the Oklahoma State Board Examination–which is approved by the KSBMA. He is currently employed at Vondel L. Smith and Son Mortuary in Oklahoma City, Oklahoma.
Embalmer-Funeral Director Applicant: Mr. Justin R. Utt
(C. Smith-Holroyd) To grant an embalmer license upon completion of apprenticeship and 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 of the written funeral director examination, which will be administered later today. Carried. Mr. Utt is scheduled to complete his apprenticeships on February 24, 2006 at Larrison Mortuary in Pratt, Kansas. Once issued, the renewal date for the licenses would be September 30, 2007. Mr. Utt attended Pratt County Community College in Pratt, 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. Michael S. “Mike” Kemp
(Holroyd-C. Smith) To grant a funeral director license upon payment of an initial license fee of $20.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Kemp served his apprenticeship at Russell Funeral Home in Russell, Kansas. Once issued, the renewal date for the license would be November 30, 2006. Mr. Kemp attended Colby Community College in Colby, Kansas, and earned an Associate in Applied Science degree in Mortuary Science at Arapahoe Community College in Littleton, Colorado.
Embalmer-Funeral Director Applicant: Mr. Ryan A. Wiseman
(Bedene-Holroyd) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $154.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $42.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Wiseman is scheduled to complete his apprenticeships on February 14, 2006 at George F. Porter and Sons Funeral Home in Kansas City, Kansas. Once issued, the renewal date for the licenses would be November 30, 2007. Mr. Wiseman earned a Bachelor of Science degree in Business Administration/General Management 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.
Embalmer Applicant: Ms. Gwendelrae Hicks
(Bedene-C. Smith) To grant an embalmer license upon payment of an initial license fee of $56.00. Carried. Ms. Hicks served her apprenticeship at Thatcher Funeral Home in Kansas City, Kansas and Lawrence A. Jones and Sons Funeral Home in Kansas City, Missouri. Once issued, the renewal date for the license would be August 31, 2006. Ms. Hicks attended 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. She was granted a Kansas funeral director license on April 14, 2003.
Funeral Director Applicant: Mr. Curtis L. Foley
(Holroyd-C. Smith) To grant a funeral director license upon payment of an initial license fee of $12.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Foley completed his apprenticeship at Rumsey-Yost Funeral Home in Lawrence, Kansas. Once issued, the renewal date for the license would be June 30, 2006. Mr. Foley attended Neosho County Community College in Neosho, Kansas, 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.
Embalmer-Funeral Director Applicant: Jolayne R. Greer
(Bedene-Holroyd) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $42.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $12.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Greer is scheduled to complete her apprenticeships on February 18, 2006 at Kevin Brennan Family Funeral Home in Topeka, Kansas. Once issued, the renewal date for the licenses would be July 31, 2006. Ms. Greer attended Butler County Community College in El Dorado, Kansas, and earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Embalmer Applicant: Mende J. Barnett
(Holroyd-C. Smith) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $175.00. Carried. Ms. Barnett is scheduled to complete her apprenticeship on February 18, 2006 at Kevin Brennan Family Funeral Home in Topeka, Kansas. Once issued, the renewal date for the license would be February 28, 2006. Ms. Barnett attended Allen County Community College in Iola, Kansas, and earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. She was granted a Kansas funeral director license on October 20, 2004.
Reciprocal (Missouri) Embalmer-Funeral Director Applicant: Mr. Thomas J. “Tom” Poole
(Holroyd-C. Smith) To grant a reciprocal embalmer license upon payment of a $112.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $32.00 initial license fee and passing the written funeral director examination, which will be administered later today. Carried. The renewal date for the licenses would be April 30, 2007. Mr. Poole is currently licensed in Missouri, Arkansas and Illinois. He attended Illinois Central College in East Peoria, Illinois, and earned an Associate in Applied Science degree in Mortuary Science and Funeral Service at Southern Illinois University in Carbondale, Illinois. He has passed the national examination administered by International Conference of Funeral Service Examining Boards. He is currently employed as an assistant funeral director at Wilson and Son Funeral Home and Cremation Service in Paola, Kansas.
Reciprocal (Wisconsin) Embalmer-Funeral Director Applicant: Mr. Joseph “Joe” C. Mayne
(Holroyd-C. Smith) To grant a reciprocal embalmer license upon payment of a $84.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $24.00 initial license fee and passing the written funeral director examination, which will be administered later today. Carried. The renewal date for the licenses would be January 31, 2007. Mr. Mayne was granted licensure in the state of Wisconsin on August 20, 1992. He attended the University of Minnesota in Minneapolis, Minnesota and has passed the Minnesota State Board Examination administered by International Conference of Funeral Service Examining Boards. Mr. Mayne is currently licensed as an assistant funeral director at Penwell-Gabel Funeral Home, Crematory and Cemetery in Hutchinson, Kansas.
Reciprocal (Washington) Embalmer-Funeral Director Applicant: Ms. Samantha “Sam” K. Nunnink
(Bedene-Holroyd) To grant a reciprocal embalmer license upon payment of a $91.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $123.50 initial license fee and passing the written funeral director examination, which will be administered later today. Carried. The renewal date for the licenses would be February 28, 2007. Ms. Nunnink was granted licensure in the state of Washington on November 4, 2003 and is also licensed in Oregon. She earned an Associate in Applied Science degree in Funeral Service Education at Mount Hood Community College in Gresham, Oregon. She has passed the national examination administered by International Conference of Funeral Service Examining Boards. Ms. Nunnink has recently moved to Shawnee, Kansas and is seeking employment in the Kansas City Metro Area.
Lunch was brought in from the Jayhawk Tower Restaurant–allowing the board to continue to work.
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 Funeral Home Inspector Francis Mills in the Florentine Room of the Jayhawk Tower. The results of that examination are a part of these minutes.
VII. Board Business:
1) (C. Smith-Holroyd) 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) (Bedene-Holroyd) To approve the list of lapsed licenses as amended. Carried. The list is a part of these minutes and contains the names of individuals whose license renewals are past due for longer than six months or who have requested that their licenses be dropped. 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-Bedene) To approve the second quarter (October 1-December 31, 2005) Inspection Report of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried.
5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 39 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) Reminder of remaining 2006 Board meeting dates–April 13, July 13, and October 12.
8) The board signed travel vouchers and licenses.
9) (Holroyd-C. Smith) To approve Board Actions including the meeting of October 6, 2005. Carried. This list will be updated on the KSBMA web site.
10) The board reviewed the roster of the KSBMA’s Kansas Largest Corporations Listing.
11) The board reviewed the agency’s two informational brochures:
a) Facts About Funerals, and
b) Pre-Planning Your Funeral Arrangements.
Both brochures have been updated on the KSBMA web site. Over 1,000 printed copies of the brochures have been distributed during 2005.
12) The board noted the press release of Governor Sebellius’ regarding the appointment of board member Bill Young.
13) An article by Brian M. Vazquez, a Co-Administrator of the Estate Recovery Unit (ERU), titled “Dead Body Law,” was discussed. The article is posted on the KSBMA web site.
14) It was noted that KAR 63-4-1 became law on November 10, 2005.
VIII. Executive Secretary's Report:
1) Budget Update
a) The KSBMA FY 2005 budget limitation was $247,971. FY 2005 expenditures totaled $207,655, representing a savings of $40,316.
b) The FY 2006 budget approved by the legislature is $248,127 (in section 46 of Senate Substitute for House Bill 2482.)
Including the addition of $5,926 from the Board’s Kansas Savings Incentive Plan (KSIP), the adjusted FY 2006 expenditure limitation is $254,053.
c) The FY 2007 budget approved by Governor Sebelius is $265,218, which includes the replacement of the agency’s only car and a 2 1/2% cost of living adjustment. This amount may change depending on actions of the 2006 Kansas Legislature.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB.)
a) The content outline for the national board examination (NBE) resulting from the Task Analysis Survey was discussed.
b) The minutes from the District 5 & 7 Meeting were distributed. Executive Secretary Smith represented the KSBMA at this meeting.
c) The Fall 2005 Conference Report newsletter was distributed.
d) Mr. Smith will represent the KSBMA at the Annual Meeting in April 2006.
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
a) An article from the Summer 2005 edition of the CLEAR Exam Review was discussed.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) Executive Secretary Smith will represent the KSBMA at the upcoming Annual FARB Forum.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA) was previously provided by their Executive Director Pam Scott.
a) Mr. Smith will represent the KSBMA at Spring District Meetings as his schedule allows.
6) Information on the board’s Web Site, located at: http://www.kansas.gov/ksbma/, continues to be updated on a regular basis. Items added to the KSBMA Web Site since the October 6, 2005 meeting include:
a) Information on Crematories/Recordkeeping.
7) The board discussed information from the National Funeral Directors Association (NFDA) including the relocation of the 2006 NFDA Convention from New Orleans, LA to Philadelphia, PA. on October 15-18, 2006.
8) The board discussed the Federal Trade Commission’s (FTC) Funeral Rule.
9) Updated information for the American Board of Funeral Service Education (ABFSE) including the Roster of 2006 College & University Programs in Funeral Service Education and/or Mortuary Science.
10) Updated information from the Cremation Society of North America (CANA) including the August/September 2005 CANA Update and the October/November 2005 CANA Update newsletters.
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) including their Fall 2005 Newsletter which included an article written by Executive Secretary Smith, titled “State Licensure & Regulatory Board Standards: How To Be Effective.”
15) Updated information from the American Society of Embalmers (ASE) was discussed–including the appointment of Kansas licensee Mark M. McDonald as President of the ASE.
16) Presentations:
a) “Helping Families Face Final Arrangements” at the First Apartments in Topeka, Kansas on November 14, 2005.
b) “Update on Kansas Laws Affecting Funeral Service” scheduled for January 25, 2005 at the Jayhawk Area On Aging in Topeka, Kansas.
c) “State Board Update” scheduled for March 27, 2006 at Iowa Western Community College in Council Bluffs, Iowa.
17) Updated information from the Office of Vital Statistics (OVS,) including the OVS Quarterly Newsletter.
18) Legislation–The board viewed HCR 5023 which would stop the transfer of fee funds to the state general fund except in certain situations. No other legislation involving the board has been introduced at this time. The 2006 Legislative Session convened on Monday, January 9, 2006.
IX. Adjourn
(Holroyd-C. Smith) To adjourn–subject to recall by the president, vice president or executive secretary. Carried. The date of the next regularly scheduled board meeting is April 13, 2006.
Respectfully submitted:
Mack Smith, Executive Secretary
April 13, 2006
Barry W. Bedene, Vice President
April 13, 2006