KANSAS STATE BOARD OF MORTUARY ARTS

700 SW JACKSON, SUITE #904

TOPEKA, KANSAS 66603-3733

Thursday, October 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, October 12, 2006:

 

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 Charles R. Smith, Overland Park, consumer, and William H. “Bill” Young, Lake Quivira, licensee. Board member Melissa A. Wangemann, Topeka, consumer, was not in attendance. The board’s Executive Secretary, Mack Smith was in attendance.

 

The board noted this meeting’s tentative agenda that is displayed on the agency’s website at: http://www.kansas.gov/ksbma/ under the heading of Agency Information and Tentative Board Agenda.

 

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

 

(Smith-Holroyd) To adopt the July 12-13, 2006 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 July 13, 2006 noting that only 43% (six of fourteen applicants) were successful. No information was 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.)

 

The board reviewed the ‘List of Licensure Applicants’ scheduled to interview with the board at this meeting, noting the following applicants scheduled to meet with the board: one (1) embalmer, five (5) embalmer-funeral directors, four (4) funeral directors, three (3) reciprocal embalmers and three (3) reciprocal embalmer-funeral directors. Eight (8) funeral director applicants will be retaking the examination. A total of twenty (20) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.

                                                                                                                                                                                                                                                    
II.       The board reviewed individual applications for embalmer and funeral director licensure along with the executive secretary’s summations of the applicant’s apprentice and supervising licensee progress reports. Applicants for licensure will be interviewed later in this meeting. Funeral director applicants will be administered the written funeral directors' examination by Funeral Home/ Crematory Inspector Francis Mills at 1:30 p.m. later this afternoon in the Florentine Room of the Jayhawk Tower.

 

All quarterly progress reports of embalmer/funeral director apprentices and supervising licensees were summarized by the executive secretary and discussed by the board with copies of the written reports available for review.

 

The board reviewed the first three quarterly progress reports of apprentice embalmer Elizabeth J. Robinson. Following review of the reports, no action was taken by the board.

 

The board reviewed the first two quarterly progress reports of apprentice embalmer Sydney L. Saltzman. Following review of the reports, no action was taken by the board.

 

The board reviewed all other applications to be considered at this meeting, including the application of an assistant funeral director/apprentice embalmer-funeral director applicant and the relicensure application of an embalmer-funeral director applicant.

 

Board member Melissa Wangemann, Topeka, consumer, entered the meeting.

                                                                                                                                                                                                                                                     

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 resulting from action taken at the meeting of July 12-13, 2006.

 

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, October 11, 2006 to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

 

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

 

#06-17–This complaint is being prosecuted by the Office of the Kansas Attorney General. A hearing date of Wednesday, November 8, 2006 at 2:00 p.m. has been scheduled. No action necessary at this time.

 

#06-19–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves an overpayment of a prefinanced funeral agreement due to the Estate Recovery Unit of the Division of Health Policy and Finance.

 

#06-22–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify both parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint involves a dispute regarding charges for an at-need funeral and misrepresentation on behalf of a licensee. After receiving a letter directed by the Investigative Committee, the licensee agreed not to bill the family for the amount in question. Following notification of both parties the file will be closed.

 

#06-24–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct and failure of the licensee to provide arranged services.

 

#06-27–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The assistant funeral director will be notified that the situation could have been prevented if he would have included the phrase “by the durable power of attorney/durable power of attorney for health care decisions” when signing for the consumer on the Transfer of Assignment/Modification of Funeral Planning Agreement Form as the Signature of Policyowner/Certificateholder. The complaint involves the unauthorized transfer of a prefinanced funeral agreement.

 

#06-28–(Investigative Committee Motion) To close the file. Carried. The complaint involves misleading and deceptive solicitation/advertising. The licensee has changed the advertisement/solicitation in question.

 

#06-29–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify the licensee of no violation since the roof of the funeral home has been repaired. Carried. The complaint involves unprofessional conduct, conditions of a funeral home and concerns relating to embalming.

 

#06-30–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that better communication could have prevented the situation from occurring–with a copy of the letter to the current funeral home owners. Carried. The complaint involves unprofessional conduct, providing false information regarding the filing of a death certificate.

 

#06-31–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint involves unprofessional conduct regarding the signature authorizing a cremation.

 

#06-32–The board will be meeting with this applicant for licensure later in this meeting. No action necessary at this time.

 

#06-33–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint involves the value of a prefinanced funeral agreement at the time of death and billing concerns involving two different funeral homes.

 

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

 

#06-35–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify all parties that based on the information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint involves misleading information on a Statement of Funeral Goods and Services Selected.

 

#06-36–The board will be meeting with this applicant for licensure later in this meeting. No action necessary at this time.

 

#06-37–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to notify the licensee that better communication could have avoided the situation from occurring. Carried. The complaint involves unprofessional conduct relating to at-need funeral arrangements.

 

#06-38–The board will be meeting with this applicant for relicensure later in this meeting. No action necessary at this time.

 

#06-39–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to close the file. Carried. Based on the information provided, there were no violations of laws regulated by the KSBMA. The complaint involves a prefinanced funeral agreement where service/merchandise were handled by a different funeral home upon death.

 

 #06-40–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to close the file. Carried. Based on the information provided, there were no violations of laws regulated by the KSBMA. The complaint involves disposal of regulated medical services waste in a situation investigated by the Kansas Department of Health and Environment (KDHE.)

 

#06-41–No action necessary at this time.

 

#06-42–(Investigative Committee Motion) To adopt the recommendations of the Investigative Committee to close the file. Carried. Based on the information provided, there were no violations of laws regulated by the KSBMA. The complaint involves illegal advertising of a facility that is not currently licensed.

 

The board reviewed K.A.R. 30-4-98 concerning the Funeral Assistance Program of the Kansas Department of Social and Rehabilitation Services (SRS) which was finalized and went into effect on August 11, 2006. Information provided by the KSBMA has been updated to include this new regulation.

                                                                                                                                                                                                                                                    
IV.      Legislative Update

 

•         Kansas Funeral Directors and Embalmers Association (KFDA) Executive Director Pam Scott addressed the board regarding Assistant Funeral Directors. Following their meeting of October 3, 2006, the KFDA Board of Directors voted to go forward with legislation in 2007 that would be effective January 1, 2008 to require that all assistant funeral director applicants have a high school diploma or the equivalent thereof and pass a written examination over Kansas laws. Their legislative request will not include the requirement of assistant funeral directors having to earn six (6) hours of continuing education every two-year licensure period–as was previously considered. Following a discussion with Ms. Scott, the board took the following action:

(Young-Holroyd) To support the legislation to be introduced by the KFDA. Carried (4-1, with Board Member Wangemann voting no.) The board thanked Ms. Scott and the association for their willingness to compromise this legislative request with eliminating the continuing education requirement. The board envisions administering a written examination in Topeka on a monthly basis. Regulations regarding these changes will be considered once the legislation has passed the Kansas legislature.

 

•         Ms. Scott announced that the association will conduct four Regional Spring 2007 District Meetings–on a trial basis. Meetings will tentatively be held at Dodge City, Hays, Wichita and Topeka. The fall 2007 meetings will be held as they have in the past–in the six (6) individual districts.

 

•         The board continued their discussion from the July 2006 meeting in reviewing all current statutes and regulations under their authority and discussed recommended changes to K.S.A. 65-1751, K.S.A. 65-1713, K.A.R. 63-1-1 and K.A.R. 63-5-1. Statute changes will require legislation, while regulation changes will require going through the regulation process which includes meeting with the Joint Committee of Administrative Rules and Regulations (JCARR) and a public hearing. (Wangemann-Young) To adopt the amendments as presented. Carried.

                                                                                                                                                                                                                                              
V.   Board Interviews with Applicants for Licensure:
                                                                                                                                                                                                                                    

Embalmer Applicant: Mr. James “Todd” DeMint

 

(Wangemann-Smith) To grant an embalmer license upon payment of an initial license fee of $133.00. Carried. Mr. DeMint completed his embalming apprenticeship at Arensberg-Pruett Mortuary in Atchison, Kansas. Once issued, the renewal date for the license would be April 30, 2008. Mr. Demint, who was granted a Kansas funeral director license on July 23, 2002, attended Southwestern Community College in Creston, Iowa, Benedictine College in Atchison, 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: Ms. Jamee L. Scott

 

(Wangemann-Holroyd) To grant an embalmer license upon completion of apprenticeship and 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. Ms. Scott is scheduled to complete her apprenticeships at Stewart Funeral Home in Wamego, Kansas on October 13, 2006. She completed three quarters of her apprenticeships at Miles Funeral Service in Winfield, Kansas. Once issued, the renewal date for the licenses would be July 31, 2007. Ms. Scott 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. Christopher S. “Chris” Holland

 

(Young-Wangemann) 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 $44.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Holland is scheduled to complete his apprenticeships on November 2, 2006 at Highland Park Funeral Home in Kansas City, Kansas. Once issued, the renewal date for the licenses would be August 31, 2008. Mr. Holland attended Johnson County Community College in Overland Park, Kansas, earned a Bachelor of Science Degree in Business Administration 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-Funeral Director Applicant: Mr. Byron F. Mays

 

(Wangemann-Holroyd) To grant an embalmer license upon payment of an initial license fee of $28.00 and to grant a funeral director license upon payment of an initial license fee of $8.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Mays completed his apprenticeships at Rumsey-Yost Funeral Home and Crematory in Lawrence, Kansas. Once issued, the renewal date for the licenses would be January 31, 2007. Mr. Mays attended the University of Kansas in Lawrence, Kansas, Central Missouri State in Warrensburg, 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. Sherry M. Stauch

 

(Young-Wangemann) To grant an embalmer license upon completion of apprenticeship and 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 of the written funeral director examination, which will be administered later today. Carried. Ms. Stauch is scheduled to complete her apprenticeships on October 17, 2006 at Floral Hills Funeral Home in Kansas City, Missouri. Once issued, the renewal date for the licenses would be July 31, 2007. Ms. Stauch attended Brown Mackie College in Lenexa, 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. Nathan T. Hobson

 

(Smith-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 $44.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Hobson is scheduled to complete his apprenticeships on November 7, 2006 at Downing and Lahey Mortuary in Wichita, Kansas. Once issued, the renewal date for the licenses would be August 31, 2008. Mr. Hobson earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

                                                                                                                                                                                                                                                        

Reciprocal (Texas) Embalmer Applicant: Mr. Todd M. Beeson

 

(Young-Wangemann) To grant a reciprocal embalmer license upon payment of a $119.00 initial license fee. Carried. The renewal date for the license would be February 28, 2008. Mr. Beeson was granted licensure in the state of Texas on June 27, 2006. He passed the national examination on April 18, 2006. He earned an Associate in Applied Science Degree in Mortuary Science at Amarillo College in Amarillo, Texas. He is currently employed at Miles Funeral Service in Winfield, Kansas and is a licensed assistant funeral director serving a Kansas funeral director apprentice.

                                                                                                                                                                                                                                                      

Reciprocal (Pennsylvania) Embalmer-Funeral Director Applicant: Ms. Natalie C. Ryder

 

(Wangemann-Smith) To grant a reciprocal embalmer license upon payment of a $63.00 initial license fee and to grant a reciprocal funeral director license upon payment of an $85.50 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 June 30, 2007. Ms. Ryder was granted licensure in the state of Pennsylvania on June 4, 1998. She passed the national examination on February 3, 1996. She attended Point Park University in Fort Leonardwood, Missouri and earned an Associate in Specialized Business Degree in Funeral Service Management at the Pittsburgh Institute of Mortuary Science in Pittsburgh, Pennsylvania.
                                                                                                                                                                                                                                             

Reciprocal (Indiana) Embalmer-Funeral Director Applicant: Ms. Robin R. Sloan

 

(Bedene-Smith) To grant a reciprocal embalmer license upon payment of a $70.00 initial license fee and to grant a reciprocal funeral director license upon payment of an $95.00 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 July 31, 2007. Ms. Sloan was granted licensure in the state of Indiana on April 9, 2003. She passed the national examination on September 21, 2001. She attended Pittsburg State University in Pittsburg, Kansas, Allen County Community College in Iola, Kansas and earned an Associate Degree and a Bachelor of Mortuary Science Degree at the Cincinnati College of Mortuary Science in Cincinnati, Ohio.
                                                                                                                                                                                                                                             

Funeral Director Applicant: Ms. Elizabeth J. Robinson

 

(Bedene-Wangemann) To require Ms. Robinson to serve additional funeral directing apprenticeship time (5th quarter) for the purpose of gaining additional experience and to meet with the board in conjunction with the January 11, 2007 meeting. Carried. The board directed Executive Secretary Smith to provide the necessary progress reports for the apprentice funeral director and supervising funeral director to be due by December 15, 2006.

                                                                                                                                                                                                                                                        

Member Holroyd left the meeting.

 

Funeral Director Applicant: Mr. Kyle R. Scheideman

 

(Wangemann-Young) To grant a funeral director license upon completion of apprenticeship, payment of the appropriate initial license fee and passing the written funeral director examination which will be administered later today. Carried. Mr. Scheideman and his supervising licensee will need to verify completion of the remaining six (6) days of apprenticeship at Penwell-Gabel Funeral Home and Crematory Southeast Chapel in Topeka, Kansas before a license will be issued. Once issued, the renewal date for the license would be July 31, 2007. Mr. Scheideman attended Washburn University in Topeka, Kansas, Allen county Community College in Iola, Kansas, and earned a Bachelor of Business Administration Degree at Baker University in Overland Park, Kansas.

                                                                                                                                                                                                                                                     

Funeral Director Applicant: Mr. Edward R. Tuggle

 

(Young-Wangemann) To grant a funeral director license upon payment of an initial license fee of $22.00 and passing the written funeral director examination which will be administered later today. Carried. Mr. Tuggle completed his funeral director apprenticeship at Penwell-Gabel Funeral Home and Crematory Mid-Town Chapel in Topeka, Kansas. Once issued, the renewal date for the license would be August 31, 2007. Mr. Tuggle earned a Bachelor of Business Administration Degree in Marketing at Eastern Kentucky University in Richmond, Kentucky.

                                                                                                                                                                                                                                                       

Member Holroyd returned to the meeting.

 

Funeral Director Applicant: Ms. Angela W. “Annie” Wilkinson

 

(Young-Smith) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $26.00 and passing the written funeral director examination which will be administered later today. Carried. Ms. Wilkinson is scheduled to complete her funeral directing apprenticeship at Resthaven Mortuary in Wichita, Kansas on November 2, 2006. She served one quarter of her apprenticeship at Dunsford Funeral Home in Augusta, Kansas. Once issued, the renewal date for the license would be November 30, 2007. Ms. Wilkinson earned a Bachelor of Science Degree in Funeral Science at the University of Central Oklahoma in Edmond, Oklahoma.

                                                                                                                                                                                                                                                        

Reciprocal (Oklahoma) Embalmer Applicant: Mr. Joel R. Edmonston

 

(Young-Wangemann) To grant a reciprocal embalmer license upon payment of a $140.00 initial license fee. Carried. The renewal date for the license would be May 31, 2008. Mr. Edmonston was granted licensure in the state of Oklahoma on June 23, 2006. He passed the national examination on April 21 & 28, 2006. He earned a Bachelor of Science Degree in Funeral Science at the University of Central Oklahoma in Edmond, Oklahoma. He is currently employed at Myatt Funeral Home in Ashland, Kansas where he is currently employed as a licensed assistant funeral director serving a Kansas funeral director apprentice.

                                                                                                                                                                                                                                                      

Reciprocal (Iowa) Embalmer-Funeral Director Applicant: Donald L. Runyon

 

(Wangemann-Holroyd) To grant an assistant funeral director license upon payment of an initial licensure fee, to grant a reciprocal embalmer license upon payment of a $63.00 initial license fee and to grant a reciprocal funeral director license upon payment of an $85.50 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 June 30, 2007. Mr. Runyon was granted licensure in the state of Iowa on October 14, 1995. He passed the national examination on August 5, 1994. He attended John A. Logan College in Marian, Illinois, Southeastern Community College in Harrisburg, Illinois, Metropolitan Community College in East St. Louis, Illinois and earned an Associate in Applied Science Degree in Mortuary Science and Funeral Service at Southern Illinois University in Carbondale, Illinois.

                                                                                                                                                                                                                                                       

Reciprocal (Oklahoma) Embalmer Applicant: Mr. Dustin R. Daniels

 

(Holroyd-Young) To grant a reciprocal embalmer license upon payment of a $133.00 initial license fee. Carried. The renewal date for the license would be April 30, 2008. Mr. Daniels was granted licensure in the state of Oklahoma on September 14, 2006. He passed the national examination on July 24 and August 21, 2006. He was granted a Bachelor of Science Degree in Funeral Science at the University of Central Oklahoma in Edmond, Oklahoma. He is currently employed at Garnand Funeral Home in Hugoton, Kansas as a licensed assistant funeral director serving a Kansas funeral director apprentice.

                                                                                                                                                                                                                                                        

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.

                                                                                                                                                                                                                                                        

    Assistant Funeral Director/Apprentice Funeral Director/Embalmer Applicant Mr. Andrew James “Andy” Mihovk

 

After meeting with the applicant and reviewing all information, the board took the following action:

 

(Wangemann-Young) To approve the assistant funeral director application. Carried (4-1, Smith–No.) Based on the information provided, the convictions do not meet the definition of moral turpitude. The applicant will be granted an assistant funeral director license upon payment of the appropriate initial license fee. The renewal date of the license will be January 31, 2007. Mr. Mihovk will be provided the necessary paperwork to serve embalmer and funeral director apprenticeships.

                                                                                                                                                                                                                                                       

Embalmer-Funeral Director Re-Licensure Applicant: Mr. Lawrence A. Jones, Jr.

 

After meeting with the applicant and reviewing all information, the board took the following action:

 

(Bedene-Smith) To deny the re-licensure application at this time. Carried. The application was denied as Mr. Jones’ Missouri embalmer-funeral director licenses are currently revoked. The board would look favorably to Kansas licensure once both Missouri licenses were brought back to active status and would credit the fees from this application toward any future application.

                                                                                                                                                                                                                                                      

VII. Board Business:

 

             1)     (Holroyd-Young) 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)     (Smith-Wangemann) To approve the list of lapsed licenses as amended. Carried. The list is a part of these minutes and contains the names of individuals whose license renewals are past due for longer than six months or who have requested that their licenses be dropped. Licensees who have died during the past quarter are also included on this list for informational purposes.

             3)     The board reviewed the list of automatically suspended licenses. This list contains the names of individuals who have not paid their license renewal fees by the appropriate due date and have not requested that their licenses be dropped. Once a license is six months in arrears, it is then automatically placed on the lapsed license list for purposes of being dropped.

             4)     (Smith-Wangemann) To approve the FY 2007 first quarter (July 1-September 30, 2006) 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 the 2007 Board meeting dates: January 11, April 12, July 12 and October 11.

             8)     The board signed travel vouchers and licenses.

             9)     Updated information included the Roster of Board Members and Staff and formal Notification from the Governor’s Office regarding the reappointment of Board Members Bedene, C. Smith and Wangemann.

          10)     The board viewed an updated list of the Largest Kansas Corporations.

          11)     The State of Kansas is in the process of reclassifying certain classified positions. The board reviewed the Funeral Home/Crematory Inspector position which is proposed to be reclassified as a Health Protection Specialist. Other positions that are projected to be placed in this same category, include: Barber Shop Inspector, Beauty Shop Inspector, Disease Intervention Specialist, Emergency Medical Service Specialist, Food Drug and Lodging Surveyor I, Pharmacy Compliance Inspector and School Food Service Consultant. The agency has voiced objections to this reclassification noting the cost attached to changing current statutes and regulations, letterhead paper, business cards . . . as well as not seeing any reason or advantage in changing the current classification.

           12)     The board noted an amendment to the renewal of the Electronic Government Service Contract with The Information Network of Kansas (INK) and the KSBMA for the hosting of the agency’s web site. The current contract has been extended until December 31, 2007 with an option for an additional two-year extension through December 31, 2009.

          13)     The board discussed an issue involving federally chartered credit unions and irrevocable prefinanced funeral agreements. The board instructed the executive secretary to look into the matter further to investigate the possibility that federally chartered credit unions are exempt from Kansas statutes.

          14)     The board discussed an issue involving a crematory and the Bureau of Air and Radiation of the KDHE (Kansas Department of Health and Environment.)

                                                                                                                                                                                                                                                        

VIII. Executive Secretary's Report:

 

            1)      Budget Update

a) The KSBMA spent approximately $221,755.96 in FY 2006. The budget limitation for FY 2006 was $254,053, so there was an approximate savings of $32,327.04. $16,163.52 (half of the unexpended amount) has been placed in the agency’s Kansas Savings Incentive Program (KSIP.) The remaining funds will be placed in the agency’s (carry-over) fee fund to be used for future expenditures.

b) The KSBMA’s FY 2007 budget approved by Legislature, Governor and Finance Council totals $265,633 ($261,580 from section seven on page six of Senate Substitute for House Bill Number 2968 plus $4,053 approved by the State Finance Council on June 20, 2006) which includes monies for a salary increase for the administrative staff. The approved budget for FY 2007 includes the cost of replacing the agency’s only vehicle. The revised FY 2007 KSBMA Budget request is $287,914 which includes $22,281 from the agency’s KSIP fund which is required to be budgeted by the Division of the Budget (DOB.)

c) FY 2008-2009 Budget Process–The KSBMA Budgets were submitted to the Division of the Budget prior to the filing deadline of September 15, 2006. Requested amounts are: FY 2008: $260,975 , and FY 2009 $267,609.

d) Agency Vehicle Replacement Status–The agency has received approval from the Division of the Budget and Facilities Management for replacing the agency’s vehicle. The replacement vehicle was previously approved by the Legislature and the Governor. The appropriate order has been placed earlier this week. No delivery date has been provided at this time.

(Smith-Holroyd) To approve the FY 2007, 2008 and 2009 KSBMA budget requests as submitted. Carried.

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

a) 2006 Summer Newsletter

b) New testing company for the national examination–Pearson Vue will replace Applied Measurement Professionals (AMP) as the Examination Company for the ICFSEB effective January 1, 2007.

c) 2006 Fall Newsletter

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

a) Annual Conference–Mr. Smith did not attend this conference this year due to scheduling conflicts involving the KFDA’s Spring 2006 District Meetings.

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

a) Attorney Certification Program–Due to the program content/agenda, Mr. Smith will not attend the program this year.

b) Mr. Smith will represent the KSBMA at the Annual Forum in February 2007.

            5)      Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)

a) Mr. Smith represented the board at all six of the Fall 2006 district meetings. Administrative Specialist Mary Kirkham and Inspector Francis Mills were each able to attend one of the meetings.

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

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

a) Part three of “When Service Satisfaction Sours” (a three-part article released in the May, June and July 2006 editions of The Director) was discussed.

            8)      The Federal Trade Commission’s (FTC) Funeral Rule–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.)

          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.

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

          15)     Updated information from the American Society of Embalmers (ASE) was discussed.

          16)     Presentations:

a) “Future Planning: Helping Families Face Final Arrangements,” August 11, 2006 at the Fifth Annual Caregiver’s Conference in Wichita, Kansas at the Wichita Marriott Hotel (two presentations: 10:45 a.m. and 12:45 p.m.) Mr. Smith reported that the presentation was well attended and well received with an extended question and answer period following each presentation.

b) Mr. Smith presented a “Board Update” that included additional information relating to Kansas funeral service during the business portion of the KFDA’s 2006 Fall District Meetings.