KANSAS STATE BOARD OF MORTUARY ARTS

700 SW JACKSON, SUITE #904

TOPEKA, KANSAS 66603-3733

Thursday, April 12, 2007

FORMAT OF MINUTES:

On each motion there appear the names of two board members in a parenthesis. The first named made the motion, and the second named made the second. Ayes and Nays will be recorded at a voter’s request.

Thursday, April 12, 2007:

I.        The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Barry W. Bedene.

Roll call by Executive Secretary Mack Smith with the following board members in attendance: President Barry W. Bedene, Arma, licensee; Vice President Fred G. Holroyd, Topeka, licensee; Board Member Charles R. Smith, Overland Park, consumer, and William H. “Bill” Young, Lake Quivira, licensee. The board’s Executive Secretary, Mack Smith and Assistant Attorney General Camille Nohe were in attendance. Board Member Melissa A. Wangemann, Topeka, consumer was unavailable at the beginning of the meeting.

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

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

(Smith-Holroyd) To adopt the January 11, 2007 regularly scheduled board meeting minutes as amended. Carried. Now that they have been approved by the board, these minutes will be displayed on the board’s website.

The board reviewed results of the written funeral directors’ examination administered on January 11, 2006 noting that 61% (eight of 13 applicants) were successful. 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) and responses by the executive secretary were reviewed with no action taken.

The board reviewed the ‘List of Licensure Applicants’ scheduled to interview with the board at this meeting, noting the following applicants scheduled to meet with the board: two (2) embalmers, two (2) embalmer-funeral directors, one (1) reciprocal embalmer and two (2) reciprocal embalmer-funeral directors. Five (5) funeral director applicants will be retaking the examination. A total of nine (9) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.

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

The written response to the apprentice embalmer and supervising licensee whose apprenticeship was extended for three (3) months was reviewed. The apprentice is working at a second funeral home gaining additional experience. The applicant will be meeting with the board later in this meeting.

The board reviewed the first quarter progress reports from an apprentice embalmer/funeral director and supervising licensees regarding time spent in the embalming process.

(Holroyd-Young) The board directed Mr. Smith to notify the apprentice and supervising licensees that additional time should be spent in the preparation room on the embalming process during the remainder of the apprenticeship.

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

lII.      Legal Discussion: Individual Complaints/investigations are listed numerically. The board did not necessarily take action in the order listed below:

Complaint and correspondence information and discussion:

The board reviewed correspondence involving six (6) complaints resulting from action taken at the meeting of January 11, 2007.

Information on open complaints:

          The Board’s Investigative Committee, which is composed of Board Members

Young and C. Smith with legal assistance provided by Assistant Attorney General (litigation) Steve Phillips and administrative assistance by Executive Secretary Smith, met yesterday: Wednesday, April 11, 2007 at 3:00 p.m. to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

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

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

#06-41–(Holroyd-Bedene) To close the file. Carried. The board has notified the licensee that better communication between the licensee-consumer and the licensee’s staff-consumer as well as a better location for taking a nap could have avoided this situation from occurring. The complaint involved unprofessional services regarding an instate and funeral service.

#06-44–(Holroyd-Bedene) To close the file. Carried. The board has notified all parties that there were no violations of laws they regulate. The complaint involved unprofessional conduct involving at-need funeral arrangements.

#06-46–(Holroyd-Bedene) To close the file. Carried. The board has notified all parties that there were no violations of laws they regulate. The complaint involved a billing dispute–that was resolved.

#06-47–(Holroyd-Bedene) To close the file. Carried. An applicant considering applying for relicensure of an embalmer license contacted the board but has not sent in an application for board consideration. Once an application has been received, a file will be open for board consideration.

#06-48–(Holroyd-Bedene) To close the file. Carried. This complaint resulted in public censure of Floyd Greenwood’s funeral director license due to his failure to provide a signed price statement to the legal next of kin at the conclusion of at-need funeral arrangements. The public censor will be displayed on the KSBMA web site under the heading of Board Actions since January 1, 2003. The final order was effective on February 23, 2007. The complaint involved failure to provide price lists and a signed (by the licensee) Statement of Funeral Goods and Services when making at-need funeral arrangements.

#06-49–(Holroyd-Bedene) To close the file. Carried. The board has notified all parties that there were no violations of laws they regulate. The complaint involved a dispute among family members regarding the responsibility of a funeral bill.

#07-01–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved unprofessional conduct of numerous actions including removal, arrangements and services. A copy of information will be provided to the Consumer Protection/Antitrust Division of the Attorney General’s Office.

#07-02–(Investigative Committee) To refer the complaint to the Attorney General for negotiation and possible prosecution with a copy of information to be sent to the Federal Trade Commission for review of violations of the Funeral Rule. Carried.

#07-03–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved failure to pay cash advance items in a timely manner despite receiving payment from the family.

#07-04–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved false and misleading advertising.

#07-05–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved false advertising.

#07-06–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved false advertising.

Board member Wangemann entered the meeting.

#07-07–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved disrespect in the handling of a dead human body.

#07-08–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved concerns with a funeral home cemetery combination and items purchased preneed.

#07-09–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The licensee will be notified that all future advertisements should not include any statement that could be consider fraudulent, deceptive or misleading in nature. The complaint involved fraudulent, deceptive and misleading advertising on the internet, television and newspaper.

#07-10–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved the failure of a funeral home to return property of the deceased to the family.

#07-11–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information reviewed there are no violations of laws regulated by the board. Carried. The complaint involved the cost of an at-need funeral and the handling of two memorial funds.

IV.    Legislative/Legal Update

•         Senate Bill 72–The board requested introduction of this bill that passed the Senate, 40-0, had a minor grammatical amendment by the House Health and Human Services Committee, passed the House, 118-3, passed the Senate (with the amendment) 40-0 and was signed by Governor Sebelius. The bill contains revisions to KSA’s 65-1713 and 65-1751 and will become law upon publication in the statute book/July 1, 2007.

•         Senate Bill 179–The Kansas Funeral Directors and Embalmers Association (KFDA) requested introduction of this bill that passed, had a minor amendment by the Senate Public Heath and Welfare Committee, passed the Senate, 38-2, passed the House, 82-40 and was signed by Governor Sebelius. The bill requires that all assistant funeral director applicants have a high school diploma or the equivalent thereof and pass a written examination over Kansas laws and would become law upon publication in the statute book and take effect on January 1, 2008.

•         Senate Bill 351 and any bill relating to administrative hearings that would eliminate the authority of the board to conduct administrative hearings. Assistant Attorney General Nohe and Executive Secretary Smith discussed this bill and two other related bills (House Bill 2113 and Senate Bill 197.) The board directed Mr. Smith and Mr. Bedene to inform the appropriate individuals that they are not in favor of legislation that would eliminate the KSBMA’s authority to conduct administrative hearings and encouraged all board members to contact senators and representatives to encourage them to vote no on the bill (SB 351) in its current form should the bill come up for consideration.

•         Amendments to KAR’s 63-1-1 and 63-5-1 became law on February 16, 2007.

•         President Bedene discussed the meeting between Attorney General Paul Morrison and the State’s various professional and occupational regulatory boards and commissions, including the KSBMA, that took place on Thursday, February 15, 2007. Attorney General Morrison discussed the relationship between his office and other state agencies and how the powers and duties of each are intertwined. Mr. Bedene said the meeting was very informative, and he looks forward to working with Attorney General Morrison in the future.

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

V.       Board Interviews with Applicants for Licensure:

Board member Holroyd left the meeting.

Embalmer-Funeral Director Applicant: Ms. Amber R. (Langley) Anderson

(Wangemann-Young) 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. Anderson is scheduled to complete her apprenticeships at Petersen Funeral Home in Newton, Kansas on April 14, 2007. She served a portion of her apprenticeship at Prairie Rose Funeral Home in Anthony, Kansas. Once issued, the renewal date for the licenses would be January 31, 2008. Ms. Anderson 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.

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

(Young-Wangemann) To grant a reciprocal (Washington) embalmer license upon payment of an initial license fee of $84.00. Carried. The renewal date for the license would be March 31, 2008. Mr. Cheney was granted licensure in the state of Washington on August 15, 2006. He passed the national examination on June 16, 2006. He attended Utah Valley State College in Orem, Utah, Olympic College in Bremerton, Washington, Yakima Valley Community College in Yakima, Washington and earned an Associate in Applied Science Degree in Funeral Service Education at Mt. Hood Community College in Gresham, Oregon. Mr. Cheney is currently employed as an assistant funeral director at Beckwith Mortuary in Larned, Kansas.

Embalmer-Funeral Director Applicant: Ms. Tamara R. Jackson

(Young-Smith) To grant an embalmer license upon completion of apprenticeship and 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. Ms. Jackson is scheduled to complete her apprenticeships at Mrs. J.W. Jones Memorial Chapel in Kansas City, Kansas on May 6, 2007. She served a portion of her apprenticeship at Thatcher Funeral Home in Kansas City, Kansas. Once issued, the renewal date for the licenses would be October 31, 2008. Ms. Jackson earned an Associate in Applied Science Degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

Embalmer Applicant: Ms. Sydney L. (Saltzman) Conner

(Young-Smith) To grant an embalmer license upon payment of an initial license fee of $84.00. Carried. Ms. Conner completed her embalming apprenticeship at Chaput-Buoy Funeral Home in Concordia, Kansas. Once issued, the renewal date for the license would be July 31, 2007. Ms. Conner attended Cloud County Community College 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 July 18, 2006.

Embalmer Applicant: Ms. Katie M. Cox

(Bedene-Smith) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $77.00. Carried. Ms. Cox is scheduled to complete her embalming apprenticeship at Lawrence Funeral Chapel in Lawrence, Kansas and Capitol City Mortuary Service in Topeka, Kansas on May 15, 2007. Once issued, the renewal date for the license would be March 31, 2008. Ms. Cox earned a Bachelor of Arts Degree in Journalism at Drake University in Des Moines and earned an Associate of Applied Science Degree in Mortuary Science at Worsham College of Mortuary Science in Wheeling, Illinois. She was granted a Kansas funeral director license on February 8, 2007.

Reciprocal (Oklahoma/Missouri) Embalmer-Funeral Director Applicant: Mr. Matthew D. “Matt” Harris

(Bedene-Young) To grant a reciprocal (Oklahoma/Missouri) embalmer license upon payment of an initial license fee of $119.00 and to grant a reciprocal (Oklahoma/Missouri) funeral director license upon payment of an initial license fee of $161.50 and passing the written funeral director examination which will be administered later today. Carried. The renewal date for the licenses would be August 31, 2008. Mr. Harris was granted licensure in the state of Missouri on March 23, 2006 and in Oklahoma on June 9, 2006. He passed the national examination on April 20, 2005 and June 10, 2005. He attended Dodge City Community College in Dodge City, Kansas, and earned a Bachelor of Science Degree in Funeral Service at the University of Central Oklahoma. Mr. Harris is currently employed at DW Newcomers Sons Floral Hills Funeral Home in Kansas City, Missouri.

Reciprocal (Indiana) Embalmer-Funeral Director Applicant: Mr. Gerald J. “Jed” Dunnichay, II

(Wangemann-Smith) To grant a reciprocal (Indiana) embalmer license upon payment of an initial license fee of $91.00 and to grant a reciprocal (Indiana) funeral director license upon payment of an initial license fee of $26.00 and passing the written funeral director examination which will be administered later today. Carried. The renewal date for the licenses would be April 30, 2008. Mr. Dunnichay was granted licensure in the state of Indiana in 1976. He passed the national examination on September 25, 1975. He attended Indiana University in Bloomington, Indiana, and graduated from the Indiana College of Mortuary Science in Indianapolis, Indiana. Mr. Dunnichay is employed as the Senior Vice President of Penwell-Gabel Funeral Homes in the state of Kansas and as an assistant funeral director at Penwell-Gabel Funeral Home and Crematory Mid-Town Chapel in Topeka, Kansas.

          The board recessed for lunch in the Jayhawk Tower Restaurant.
                                                                                                                                                                                                                                                                         

At approximately 1:30 p.m. Executive Secretary Smith read instructions to the funeral director examinee applicants prior to the administration of the funeral director examination which was proctored by Inspector Francis Mills in the Florentine Room of the Jayhawk Tower. The results of that examination are a part of these minutes.

VI.      Board Business:

             1)     (Smith-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)     (Holroyd-Wangemann) To approve the FY 2007 third quarter (January 1-March 31, 2007) 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 29 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 remaining 2007 Board meeting dates: July 12 and October 11.

             8)     The board signed travel vouchers and licenses.

             9)     The board discussed reclassification of the title of the KSBMA’s Inspector’s position. On April 3, 2007, the Department of Administration notified Agency Heads and Human Resource Directors of Phase Two (2) of the New Classification System Project, Occupation Analysis Survey.

           10)     Prefinanced Funeral Agreements–As of December 31, 2006 there is a total of over $267,000,000 of prefinanced funeral agreements on file with the board based on totals reported by funeral homes when renewing their biennial establishment and branch establishment licenses. A recent article in the April 2, 2007 edition of the Funeral Monitor lists Kansas in the top (“THE GOOD”) category of their “Who Is Protected?” list based on the state’s requiring of 100% “Deposit Required” with a “Minimum Refund” of the principal and interest. A total of nine (9) states were listed in this category. 17 were listed as “OK”, 17 as “Bad”, six (6) as “Ugly” and two (2) as “Individuals.”

           11)     U.S. Environmental Protection Agency (EPA) and crematories–The EPA confirmed a 2005 decision not to regulate human crematories under the Clean Air Act. The EPA left the door open for potential future regulation by individual states or other authorities.

           12)     Filing of Statements of Substantial Interest (SSI)–These reports must be filed by board members, the executive secretary and inspector between April 1-30, 2007.

           13)     Update on changes/additions to funeral establishments and branch establishments–The board reviewed a number of changes involving funeral home licenses that have recently taken place.

           14)     Backflow Prevention Information–Current Environmental Protection Agency (EPA), State of Kansas (Department of Health and Environment) and local ordinances were discussed in this area with information provided by the KDHE and a funeral home recently involved in a review of his funeral home.

           15)     New/updated Statutory Compliance Reports for Funeral Homes (FH) utilized by the Kansas Secretary of State’s Office(KSOS)–The board reviewed the new forms. Mindi Kohake is the new Audit Administrator for the KSOS. Ms. Kohake replaces Bob Myers who passed away in 2006.

VII. Executive Secretary's Report:

            1)      Budget Update

a) The board reviewed KSBMA Program Information contained in the Governor’s State of Kansas Budget Report for fiscal year 2008.

b) The 2007 Kansas Legislature’s current Budget Recommendations for the KSBMA contained in HB 2368 are as follows:

I)FY 2008–$260,975

ii)FY 2009–$267,609

The FY 2007 figure remains at $287,914. The FY 2008 Pay Plan calls for a salary increase of 2% with 7/13/2007 paychecks, an $860 bonus on 12/14/2007 with a $10 per year increase to the longevity bonus for eligible (classified) employees beginning 6/17/2007.

c) Agency Vehicle Update–The agency’s formerly owned 2002 Chevrolet Cavalier was recently sold by State Surplus for $1,600.

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

a) The board reviewed/discussed the Winter 2007 Conference Report newsletter.

b) Mr. Smith will represent the board at the upcoming Annual Conference in Nashville, Tennessee on April 20-22, 2007.

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

a) Mr. Smith will represent the board at the Annual Conference on September 5-8, 2007 in Atlanta, Georgia.

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

a) Mr. Smith presented a report regarding his attendance at the Annual FARB Forum held in San Antonio, Texas on February 2-4, 2007.

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

a) A report was presented on the KFDA’s 2007 Spring Regional Meetings. Mr. Smith attended all four meetings and presented a Board Update during the business portion of the meeting. Inspector Mills and Administrative Specialist Kirkham attended one of the meetings.

b) The Tri-State (Kansas Missouri & Nebraska) Convention will be held in Overland Park, Kansas on April 30-May 2, 2007. Mr. Smith and Mr. Mills will represent the KSBMA.

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

a) The board reviewed updated Board Actions from the January 2007 Meeting.

b) The board reviewed the KSBMA Board Policy regarding Board Actions.

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

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

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

a) Mr. Smith has been appointed as a board member to FEO. The appointment will involve no travel and no expense to the KSBMA.

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

          16)     Updated information from the Office of Vital Statistics (OVS)

a) Electronic Death Registration System (EDS) Update–OVS has continued to provide numerous training sessions to licensees throughout the state. The next group to be trained will be doctors and medical examiners/coroners.

          17)     Office Lease Contract–The current five-year lease expires as of August 31, 2007. The agency is going through the lease process required by the

Division of Facilities Management (DFM) including advertisement of bids for office space.

          18)     Updated information from the Kansas City Kansas Community College Mortuary Science Advisory Board–The board directed Mr. Smith to contact the college and offer to address the school regarding the Kansas licensure process.

          19)     Presentations:

a) Mr. Smith presented with Dr. Dirk Hanson of the Kansas Veterinary Board at the Annual FARB Forum in Austin, Texas on “Practical Tips on Running an Efficient Board Meeting.”

b) Mr. Smith presented a KSBMA Update during the business portion of the four (4) 2007 KFDA Spring Regional Meetings.

VIII.    New/Old/Remaining Business

1) KSA 65-1714–The board discussed this statute that enables the board to issue a temporary funeral director license under certain defined conditions.

2) KSOS Web Site Access–The board discussed access to the Kansas Secretary of State’s (KSOS) Web Site to determine/verify ownership of Kansas funeral homes on an at-need basis.

IX.      Adjourn

(Young-Wangemann) To adjourn–subject to recall by the president, vice president or executive secretary. Carried. The date of the next regularly scheduled board meeting is Thursday, July 12, 2007.

Respectfully submitted:

Mack Smith, Executive Secretary

Barry W. Bedene, President