KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, April 13, 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, April 13, 2006:
I. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Melissa Wangemann.
Roll call by Executive Secretary Mack Smith with the following board members in attendance: President Melissa A. Wangemann, Topeka, consumer; Vice President Barry W. Bedene, Arma, licensee; Board Member Charles R. Smith, Overland Park, consumer, and William H. “Bill” Young, Lake Quivira, licensee. Board Member Fred G. Holroyd, Topeka, licensee, was 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.
(Bedene-C. Smith) To approve a final agenda for this meeting as amended. Carried.
(Bedene-C. Smith) To adopt the January 12, 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 January 12, 2006 noting that 73% (11 of 15 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 four unsuccessful applicants have 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: one (1) embalmer-funeral director, three (3) funeral directors, two (2) reciprocal embalmer-funeral directors and one (1) reciprocal embalmer. Four (4) funeral director applicants will be retaking the examination. A total of ten (10) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.
President Wangemann appointed Board Member Holroyd as a member of the Continuing Education Committee.
The board discussed the first quarter embalmer progress reports for Brooke T. Chadd. Ms. Chadd was not able to embalm during her first quarter of apprenticeship due to being pregnant.
(Bedene-Young) To deny credit for the first quarter embalming apprenticeship. Carried. Three months will be added to the requirement of having to complete the embalming apprenticeship within two years of passing the national examination.
The board reviewed correspondence from the January meeting where the embalming apprenticeship of Elizabeth J. Robinson for her first quarter was denied.
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.
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 January 12, 2006.
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, April 12, 2006 to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.
#05-30–This individuals’ 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. No action necessary at this time.
#05-43–(Bedene-C. Smith) To close the file. Carried. The embalmer-funeral director licenses of this individual were suspended for six months by the Board at the October 6, 2005 meeting due to the suspension of his Nebraska license. The suspension is over, and his Kansas licenses have been reinstated to active status.
#05-56–(Bedene-C. Smith) To close the file. Carried. Parties have been notified of no violations of laws regulated by the KSBMA. The complaint involves concerns with the casket selection and conduct of funeral home personnel.
#05-57–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. The licensee was 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–(Bedene-C.Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. The board does not have jurisdiction in one of the areas of concern of the consumer. The consumer has been advised to contact an attorney if she wishes to take action against the licensee. The licensee was 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–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. 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 was provided to the Insurance Department.
#05-60–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. The complaint involves unprofessional conduct.
#05-61–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. The complaint involves the potential of at-need solicitation.
#05-64–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. 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 funeral home was provided a copy of the law as a reminder for future compliance.
#05-65–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. 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, and the families have notified the KSBMA that they have received re-filed copies provided of the death certificate.
#05-67–(Bedene-C. Smith) To close the file. Carried. Parties were notified of no violations of laws regulated by the KSBMA. The complaint involves the value of a prefinanced funeral agreement upon death. The licensee was notified that better communication would have avoided the situation from occurring.
#05-68–(Bedene-C. Smith) To close the file. Carried. The complaint involves the potential of at-need solicitation and unprofessional conduct. The family was not willing to provide the information requested by the Investigative Committee.
#05-69–(Bedene-C. Smith) To close the file. Carried. Parties have been notified of no violations of laws regulated by the KSBMA. The complaint involves unprofessional conduct. The funeral home was advised that better communication would have avoided the situation from occurring.
#06-01–(Investigative Committee) To close the file. Carried. The complaint dealt with disinterment and was referred to the Consumer Antitrust Division of the Kansas Attorney General’s Office.
#06-02–(Investigative Committee) To close the file. Carried. The family decided not to pursue this complaint regarding unprofessional conduct and the delivery of cremated remains.
#06-03–(Investigative Committee) 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 dealt with a fraudulent/misleading advertisement.
#06-04–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. Failure to transfer information pertaining to a prefinanced funeral agreement in a timely manner.
#06-05–(Investigative Committee) 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 licensee will be notified that it appears as though better communication could have avoided the situation from occurring. The complaint concerns unprofessional conduct with at-need funeral arrangements.
#06-06–(Investigative Committee) To adopt the recommendations of the Investigative Committee to notify the licensee that based on information provided there are no violations of laws regulated by the KSBMA. Carried. The complaint has to do with an advertisement by a family member criticising actions of the funeral home.
#06-07–(Investigative Committee) To close the file. Carried. The complaint deals with contractual and collection concerns.
#06-08–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on the information provided there is no violation of laws regulated by the KSBMA. Carried. The complaint was with not having a licensee at a funeral service.
#06-09–No action necessary at this time.
#06-10–(Investigative Committee) To adopt the recommendations of the Investigative Committee of to close the file. Carried. Incorrect information on a death certificate that has since been corrected.
#06-11–(Investigative Committee) To close the file. Carried. The complaint involves a prefinanced cemetery agreement, so the consumer was advised to contact the Consumer Protection/Antitrust Division of the Kansas Attorney General’s Office.
#06-12–(Investigative Committee) To close the file. Carried. A self-reported advertisement mistake has since been rectified.
#06-13–(Investigative Committee) To close the file. Carried. Advertising concerns involving a funeral home from the State of Missouri.
#06-14–(Investigative Committee) To adopt the recommendations of the Investigative Committee to notify both parties that based on information provided there are no violations of laws regulated by the KSBMA. Carried. Concerns with inappropriately providing certified copies of the death certificate and charges on an at-need funeral bill regarding unauthorized long distance telephone calls.
#06-15–(Investigative Committee) 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 licensee will be notified that it appears as though better communication could have avoided the situation from occurring. The complaint involves unprofessional conduct and pricing concerns.
#06-16–(Investigative Committee) 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 licensee will be notified that it appears as though better communication could have avoided the situation from occurring. The complaint involves unprofessional conduct and at-need pricing concerns.
#06-17–(Investigative Committee) To adopt the recommendations of the Investigative Committee to refer the complaint to the Kansas Attorney General’s Office for prosecution. Carried.
#06-18–(Investigative Committee) 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 unprofessional conduct and pre-financed funeral and cemetery agreements.
IV. Legislative Update
• A review of Bills Effecting the Kansas State Board of Mortuary Arts from the 2005-2006 Legislative Sessions and related bills/legislation
• Senate Bill 421–Funeral picketing
• House Bill 2088–Filing of death certificates
• House Bill 2824–Eliminating the five-day waiting period for funeral homes to access prefinanced funeral agreements at-need
• Assistant Funeral Directors Licensing–At their Spring 2006 District Meetings, the Kansas Funeral Directors Association announced that they will request introduction of legislation in 2007 to require that assistant funeral directors have a high school diploma or the equivalent thereof; earn six hours of continuing education every two-year licensing/renewal period, and for new applicants to pass an open-book written examination over Kansas laws.
V. VI. Board Interviews with Applicants for Licensure:
Embalmer-Funeral Director Applicant: Ms. Chandra M. Johnson
(Bedene-Wangemann) 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. Johnson is scheduled to complete her apprenticeships on May 16, 2006, at Penwell-Gabel Funeral Home and Crematory Mid-Town Chapel in Topeka, Kansas. Once issued, the renewal date for the licenses would be October 31, 2006. Ms. Johnson attended Northern Oklahoma College in Tonkawa, Oklahoma, Cowley County Community College in Arkansas City, Kansas and earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Funeral Director Applicant: Ms. Lori M. Miles
(C. Smith-Wangemann) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $18.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Miles is scheduled to complete her apprenticeship on May 24, 2006 at Miles Funeral Service in Winfield, Kansas. Once issued, the renewal date for the license would be January 31, 2007. Ms. Miles attended St. Louis Community College in St. Louis, Missouri, Cowley County Community College in Arkansas City, Kansas, Hutchinson Community College and Area Vocational School in Hutchinson, Kansas and Pratt Community College in Pratt, Kansas.
Funeral Director Applicant: Mr. Daniel J. Oldenettel
(Bedene-Young) To grant a funeral director license upon payment of an initial license fee of $24.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Oldenettel completed his apprenticeship at Cochran Mortuary in Wichita, Kansas. He is currently employed at Smith Family Mortuary in Derby, Kansas. Once issued, the renewal date for the license would be March 31, 2007. Mr. Oldenettel earned an Associate Degree of Applied Science at Mid-America College of Funeral Service in Jeffersonville (Louisville), Indiana. He was granted a Kansas reciprocal (Indiana) embalmer license on April 20, 2005.
Funeral Director Applicant: Ms. Melanie S. Phabmixay
(Bedene-C. Smith) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $26.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Phabmixay is scheduled to complete her apprenticeship on May 6, 2006 at McGilley and Frye Funeral Home and Cremation Service in Olathe, Kansas. She served part of her apprenticeship at McGilley State Line Chapel located in Kansas City, Missouri. Once issued, the renewal date for the license would be April 30, 2007. Ms. Phabmixay attended Cowley County Community College in Arkansas City, Kansas, Wichita State University in Wichita, Kansas and earned an Associate degree of Applied Science in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.
Reciprocal (Wyoming) Embalmer-Funeral Director Applicant: Mr. David A. Campanella
(Young-Bedene) To grant a reciprocal embalmer license upon payment of a $168.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $228.00 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. Campanella was granted licensure in the state of Wyoming on June 11, 2002. He earned a Bachelor of Science degree in Biology at Montana State University–Billings in Billings, Montana and earned an Associate degree of Applied Science in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He passed the National Board Examination on June 2, 2001. He is currently employed at Newcomer Family Funeral Home in Lakewood, Colorado.
Reciprocal (Montana) Embalmer-Funeral Director Applicant: Mr. Joseph M. “Joe” Crick
(Young-C. Smith) To grant a reciprocal embalmer license upon payment of a $168.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $48.00 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. Crick was granted licensure in the state of Montana on November 18, 2003. He attended the University of Kansas in Lawrence, Kansas and earned an Associate degree of Applied Science in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He passed the National Board Examination on September 14, 2002. He is currently employed as an assistant funeral director at Charter Funerals in Emporia, Kansas.
Reciprocal (Oklahoma) Embalmer Applicant: Mr. David J. Grimaldi
(Bedene-Young) To grant a reciprocal embalmer license upon payment of a $28.00 initial license fee. Carried. The renewal date for the license would be July 31, 2006. Mr. Grimaldi was granted licensure in the state of Oklahoma on July 1, 2005 and is also licensed in the state of Missouri. He earned a Bachelor of Science degree in Funeral Service at the University of Central Oklahoma in Edmond, Oklahoma. He passed the National Board Examination on May 18, 2005. He is employed as an assistant funeral director at Bath-Naylor Funeral Home and Crematory in Pittsburg, 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 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) (Bedene-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) (C. Smith-Young) To approve the list of lapsed licenses as amended. Carried. The list is a part of these minutes and contains the names of individuals whose license renewals are past due for longer than six months or who have requested that their licenses be dropped. Licensees who have died during the past quarter are also included on this list for informational purposes.
3) The board reviewed the list of automatically suspended licenses. This list contains the names of individuals who have not paid their license renewal fees by the appropriate due date and have not requested that their licenses be dropped. Once a license is six months in arrears, it is then automatically placed on the lapsed license list for purposes of being dropped.
4) (Young-Bedene) To approve the FY 2006 third quarter (January 1-March 31, 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 37 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–July 13, and October 12.
8) The board signed travel vouchers and licenses.
9) (C. Smith-Young) To approve Board Actions including the meeting of January 12, 2006. Carried. This list will be updated on the KSBMA web site.
a) (Bedene-C. Smith) To amend the Board Policy regarding the Posting of Board Actions to the Board’s Web Site to include: “Board actions involving a licensee who is deceased will not be posted on the Board’s Web Site.” Carried. The board directed Mr. Smith to delete the names of any deceased licensee currently displayed. A copy of this policy is included as a part of these minutes.
10) Statements of Substantial Interest (SSI)–This document must be submitted by April 30, 2006 and can either be submitted on-line or in paper formats.
11) Infectious/Contagious Disease Update, KAR 63-3-10–Executive Secretary Smith discussed conversations with Dr. Gail Hansen of the Kansas Department of Health and Environment (KDHE) noting that no amendments to the regulation are recommended by Dr. Hansen at this time.
12) Discussion regarding the KSBMA’s Annual Report to be presented at the upcoming KFDA’s Annual Convention. If available, Vice President Bedene will present the board’s report.
13) (Wangemann-C. Smith) To approve a pay increase for the executive secretary. Carried. The request will be presented to the Governor for her consideration.
VIII. Executive Secretary's Report:
1) Budget Update
a) The KSBMA’s FY 2006 budget limitation remains at $254,053. Software updates and hardware replacements were discussed with the KSBMA authorizing Mr. Smith to take appropriate action.
b) At this time the KSBMA’s FY 2007 budget approved by Legislature is approximately $249,080, plus monies for a 2% increase for unclassified employees effective June 6, 2006, and a 2½% step increase and 1½% cost of living expense for classified employees effective September 10, 2006. The cost of replacing the agency’s vehicle ($12,500) will be considered by the Legislature when they reconvene for wrap-up with omnibus appropriations beginning on April 26, 2006.
2) Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB.)
a) The board reviewed information prepared by Mr. Smith regarding the ICFSEB’s Annual Meeting and the Association of Executives of Funeral Service Boards Conference held last week.
b) Information pertaining to participation of the KSBMA with the ICFSEB’s National Disciplinary Data Bank was discussed. By submitting information to the ICFSEB, the KSBMA will have unlimited access to the national data bank at no-cost once it is finalized later in 2006. (Bedene-C. Smith) For the board to participate with the ICFSEB’s Disciplinary Data Bank. Carried.
c) The Spring 2006 Conference Report newsletter was distributed.
3) Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR) was discussed.
4) Updated information regarding the Federation of Associations of Regulatory Boards (FARB.)
a) The board reviewed information prepared by Executive Secretary Smith regarding the Annual FARB Forum.
5) Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA.)
a) A report prepared by Mr. Smith regarding KFDA’s Spring District Meetings was reviewed.
b) Information from the January 2006 KFDA Journal was discussed.
c) The board authorized Mr. Smith and Mr. Mills to represent the KSBMA at the upcoming KFDA’s Annual Convention.
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 approval of NFDA sponsored continuing education programs.
8) The board discussed the Federal Trade Commission’s (FTC) Funeral Rule and the possibility of future revisions.
9) Updated information for the American Board of Funeral Service Education (ABFSE) including Mr. Smith’s participation in a portion of the ABFSE’s Annual Meeting held last week.
10) Updated information from the Cremation Society of North America (CANA) including the December 2005/January 2006 CANA Update.
11) Updated information from the Funeral Ethics Association (FEA) was discussed including their most recent newsletter.
12) Updated information from the Funeral Consumer Alliance (FCA.) The KSBMA will be listed as a Friendly Advocate in future FCA newsletters.
13) Updated information from the Funeral Consumer’s Alliance of Greater Kansas City including their Winter 2006 newsletter.
14) Updated information from the Funeral Ethics Organization (FEO.)
15) Updated information from the American Society of Embalmers (ASE) was discussed–including their second annual convention scheduled for October 2006.
16) Presentations:
a) “Update on Kansas Laws Affecting Funeral Service” held on January 25, 2005 at the Jayhawk Area on Aging in Topeka, Kansas.
b) “Administrator’s Roundtable” held on February 3, 2006 at the 30th Annual FARB FORUM.
c) “State Board Update” held on March 27, 2006 at Iowa Western Community College in Council Bluffs, Iowa.
d) “Effective Complaint Investigations/Resolutions” held on April 7, 2006 at the Association of Executives of Funeral Service Boards Conference.
17) Updated information from the Office of Vital Statistics (OVS.)
18) Kansas City Kansas Community College–A change in course requirements is currently being considered in which it would be necessary to complete all pre-mortuary courses before being allowed to enroll in any mortuary courses.
19) Review/discussion of the Apprentice Process utilized by the KSBMA including reports, summations and the interview/examination processes. (Young-Bedene) To adopt the changes as presented. Carried.
20) Discussion of a KSBMA Law Review to be held in conjunction with the July board meeting. (Bedene-Young) To convene at 3:00 p.m. on Wednesday, July 12, 2006. Carried. The Investigative Committee will be scheduled prior to the Board Meeting.
21) The Kansas Department on Aging (KDOA)
a) The board reviewed the KDOA’s Resource Guide for Seniors.
IX. Adjourn
(Young-Bedene) To adjourn–subject to recall by the president, vice president or executive secretary. Carried. The date of the next regularly scheduled board meeting is now at 1:00 p.m. July 12, 2006.
Respectfully submitted:
Mack Smith, Executive Secretary
July 13, 2006
Melissa Wangemann, President
July 13, 2006