KANSAS STATE BOARD OF MORTUARY ARTS

700 SW JACKSON, SUITE #904

TOPEKA, KANSAS 66603-3733

Thursday, July 7, 2005

FORMAT OF MINUTES:

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

Thursday, July 7, 2005:

I. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Stephen C. Ryan.

Roll call by Executive Secretary Mack Smith found the following board members in attendance: President Stephan C. Ryan, Salina, licensee; Vice President Melissa Wangemann, Topeka, consumer; Board Member Barry W. Bedene, Arma, licensee; Board Member Fred G. Holroyd, Topeka, licensee, and Board Member Charles R. Smith, Overland Park, consumer. The board’s Executive Secretary, Mack Smith and Assistant Attorney General Camille Nohe were also in attendance.

The board noted this meeting’s tentative agenda that is displayed on the agency’s website at: http://www.accesskansas.org/ksbma/ under the heading of Agency Information and Tentative Board Agenda. That agenda was updated on the web site today.

(Wangemann-C. Smith) To approve a final agenda for this meeting as amended. Carried.

(Bedene-Holroyd) To adopt the April 14, 2005 regularly scheduled board meeting minutes as amended. Now that they have been approved by the board, these minutes will be displayed on the board’s website.

The board reviewed results of the written funeral directors’ examination administered on April 14, 2005 noting that 45% (five of eleven 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.) It was decided that the responses provided by examinees did not require board action.

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: four (4) embalmer-funeral directors, five (5) funeral directors, two (2) reciprocal embalmer-funeral director applicants and one (1) embalmer by endorsement-reciprocal embalmer applicant. Six (6) funeral director applicants will be retaking the examination. A total of eighteen (18) 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 Inspector Francis Mills at 1:30 p.m. later this afternoon in the Florentine Room of the Jayhawk Tower.

All additional 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.

Apprentice funeral director Bobby D. Meacham did not submit his fourth quarter progress report or the applications, paperwork or fees necessary to apply for licensure as a funeral director and to be administered the funeral director examination. Mr. Meacham’s supervising licensee did submit his fourth quarter progress report. Pursuant to K.A.R. 63-2-12 (g), Mr. Meacham has been notified that the quarter will not be counted toward the apprenticeship. He and his supervising licensee have been sent the appropriate notification and progress reports that must be filed by September 15, 2005 in order to be eligible for consideration of licensure at the October, 2005 board meeting.

Apprentice funeral director Lindsay Ward was unable to attend this meeting and will apply for licensure with the board at the October, 2005 board meeting.

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 April 14, 2005.

Information on open complaints:

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

Wangemann and Bedene with legal assistance provided by Assistant Attorney General (litigation) Steve Phillips and administrative assistance by Executive Secretary Smith, met on Wednesday, July 6, 2005 to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

#04-33–(Investigative Committee) To adopt the recommendations of the Investigative Committee and close the file. Carried. This complaint involved a civil lawsuit which was dismissed with prejudice.

#04-48–Following review of all correspondence:

(C. Smith-Holroyd) To close the file. Carried. This complaint was filed with the Kansas Attorney General’s Consumer Protection/Anti Trust Division and involves the failure of a Kansas funeral home to provide certain merchandise. The licensee was notified that while no possible violations of laws regulated by the board appear to exist, it appears as though better communication and a quicker response could have avoided the situation from occurring.

#05-02–(Investigative Committee) To adopt the recommendations of the Investigative Committee and close the file. Carried. The complaint involves the value of a prefinanced funeral agreement upon death. A prefinanced agreement was sold with the contract incorrectly written as a State of Missouri contract–when it should have been written as a Kansas contract. The individual moved to Nebraska and died. After involvement by the KSBMA, the preneed provider refunded a total of $5,294.00 to the family.

#05-06–Following review of all correspondence:

(C. Smith-Holroyd) To close the file. Carried. The complaint involves an article that appeared in the February 2005 edition of the KFDA Journal containing misleading information. A correction was run in the March-April edition of the magazine. The licensee was notified that while no possible violations were noted, use of better judgement could have avoided the situation from occurring.

#05-11–Following review of all correspondence:

(C. Smith-Holroyd) To close the file. Carried. This complaint involves failure of a funeral home to obtain authorization to embalm. A law enforcement official sent the body of the deceased to a funeral home not desired by the family. The licensee was notified that it appears as though better judgement could have avoided the situation from occurring.

#05-12–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. Not enough information was provided to allow for an investigation to be conducted. The complaint involves funds from a prefinanced funeral agreement. This file will be reopened if additional information is received in the future.

#05-13–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. Not enough information was provided to allow for an investigation to be conducted. The complaint involves the possibility of unprofessional conduct. This file will be reopened if additional information is received in the future.

#05-14, #05-15 & #05-18–Following review of all correspondence:

(C. Smith-Holroyd) To close the file. Carried. The complaint involves the possibility of unprofessional conduct. All parties were appropriately notified.

#05-16–Following review of all correspondence:

(C. Smith-Holroyd) To close the file. Carried. The complaint involves a misleading advertisement where a cremation society was listed under the category of Crematories in the yellow pages of a telephone book. The board notified the licensee to remove the advertisement in question in order to avoid additional action by the board. The licensee responded to the board’s letter appropriately.

#05-19–The complaint involves the failure of a licensee to provide information requested by a consumer to a licensee. The KSBMA provided the requested information to the consumer after meeting with the licensee. At the April 14, 2005 meeting, the KSBMA voted to adopt the recommendations of the Investigative Committee that while there were no possible violations of laws regulated by the KSBMA noted, it appears as though better communication could have avoided the situation from occurring. Both parties were notified accordingly. Since that notification, the consumer had an additional concern relating to cemetery property that the KSBMA asked the licensee to address. After checking their records, the cemetery refunded $500.00 to the family. Following review of all information, (C. Smith-Holroyd) To close the file. Carried.

Board Member Holroyd left the room.

#05-20–Following review of all correspondence:

(C. Smith-Wangemann) To close the file. Carried. The complaint involves an amended at-need funeral contract involving cremation where the wishes of a family member were not honored by the funeral home. Recommendations of the Investigative Committee were that while no possible violations of laws regulated by the KSBMA were noted, it appeared as though the funeral home failed to honor the consumer’s request. Both parties were notified accordingly.

Board Member Holroyd returned to the room.

#05-21–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file due to lack of information. Carried. The complaint involves unprofessional conduct by a licensee involving the sale of caskets and other funeral merchandise. This file will be reopened if additional information is received in the future.

#05-23–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information provided, no violations of laws regulated by the KSBMA appear to have occurred. Carried. The licensee will be notified that better communication could have alleviated some of the concerns of the family. The complaint involves at-need funeral charges of the funeral home for services not provided.

#05-24–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information provided, no violations of laws regulated by the KSBMA appear to have occurred. Carried. Both parties will be notified accordingly. The complaint involves at-need funeral home charges.

#05-25–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information provided, no violations of laws regulated by the KSBMA appear to have occurred. Carried. Both parties to be notified accordingly. The consumer was notified that the funds in question were appropriately deposited. The complaint involves the failure of the funeral home to provide verification of deposit to the family on a prefinanced funeral agreement. The individual with the prefinanced funeral agreement died shortly after the complaint was filed. The family selected a different funeral home to handle the arrangements. The prefinanced funeral money was released by the financial institution in order to pay the funeral home that provided at-need funeral services.

#05-26–(Investigative Committee) To adopt the recommendations of the Investigative Committee that based on information provided, no violations of laws regulated by the KSBMA appear to have occurred and to close the file after notifying the appropriate party. Carried. The complaint involves advertising.

#05-27–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves a misleading newspaper article which has since been corrected.

#05-28–(Investigative Committee) To adopt the recommendations of the Investigative Committee to advise the licensee of a better way to handle the situation. Carried. Both parties to be notified accordingly. The complaint involves the mishandling of a prefinanced funeral agreement at the time of death for an individual who was receiving assistance.

#05-29–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file due to lack of information. Carried. The complaint involves the possibility of unlicensed activity. The file will be reopened in the future if additional information is received.

#05-30–(Investigative Committee) To adopt the recommendations of the Investigative Committee to request prosecution by the Kansas Attorney General’s Office. Carried. The complaint involves a licensee being convicted of a crime involving moral turpitude.

#05-31–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves failure of a licensee to provide information pertaining to transferred prefinanced funeral agreements in a timely fashion. The agreements have since been appropriately provided.

#05-32–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file. Carried. The complaint involves unprofessional conduct.

#05-33–No action necessary at this time.

#05-34–(Investigative Committee) To adopt the recommendations of the Investigative Committee to notify the Insurance Department that based on information provided, no violations of laws regulated by the KSBMA appear to have occurred and to close the file. Carried. The complaint was filed with the Insurance Department where no violations were noted. It involves the value of a prefinanced funeral agreement at the time of death.

#05-35–No action necessary at this time. This complaint was filed with the Consumer Protection/AntiTrust Division of the Kansas Attorney General’s Office.

IV. 2005 Legislation Session Discussion

● Kansas Funeral Director Association (KFDA) Executive Director Pam Scott met with the KSBMA to discuss the following items:

a) Assistant Funeral Director Task Force/Survey–A survey was recently sent to KFDA members. Results will be provided to the task force and to the KSBMA.

b) Signing of death certificates–The KFDA is considering legislation defining who can sign death certificates (funeral directors–not assistant funeral directors.)

c) Cemetery Trusting Laws–The KFDA is discussing the possibility of introducing legislation regarding cemetery trusts–something that is also in the discussion stage with the Kansas Secretary of State’s Office and the Kansas Attorney General’s Office. The KFDA is concerned in the different levels of trusts for cemeteries and funeral homes.

d) Office of Vital Statistics (OVS) & Electronic Death Certificates–Discussion is underway regarding the possibility of the OVS seeking federal funds to assist with costs relating to the electronic filing of death certificates. The KFDA is considering the possibility of writing a letter of support for OVS on this issue.

e) A group of trade associations are discussing the possibility of filing a lawsuit regarding the legislature’s continued transferring of regulatory fee funds to the state general fund.

● The board reviewed information contained in a report provided by Executive Secretary Smith, titled: Bills Effecting the Kansas State Board of Mortuary Arts 2005 Legislative Session Final Copy. Some bills discussed, included:

● Senate Bill 15–Relating to delinquent taxes of licensees. The Senate Assessment and Taxation Committee has tabled the bill indefinitely advising the Kansas Department of Revenue to use existing laws relating to delinquent taxes.

● Senate Bill 254–Pertains to continuing education exemptions for active military service licensees. Information has been posted on the KSBMA web site. Became law upon publication in the Kansas Register on April 21, 2005. The KSBMA web site has been appropriately amended.

● House Bill 2078–Authorizes the lead vehicle of a funeral procession to be equipped with a light switch (alternately or simultaneously flash) and would further clarify that a funeral hearse may serve as a funeral lead vehicle. The bill similarly updates an existing statutory authorization for police vehicles used as emergency vehicles to be equipped with the alternately or simultaneously flashing head lamps. The bill has been approved by Governor Sebelius and became law on July 1, 2005.

● House Bill 2118–Would amend wording from “may disclose” to “shall disclose” regarding disclosure by the Secretary of State of whether a cemetery corporation maintains a merchandise trust fund or maintenance fund and whether the funds are in compliance with the law. The bill would also add a requirement that owners and heirs of any lot located in a cemetery completely surrounded by private property have the right of ingress and egress to the cemetery through or across the private property. The bill passed the House 122-1 but remains in the Senate Elections and Local Government Committee at this time.

● House Bill 2165–Relates to the re-vestment of title to lots in cemeteries. The bill remains in the House Government Organization/Elections Committee.

● House Bill 2275–Would not allow for the payment of a setting fee to third party installers in cemeteries with certain conditions. The bill remains in the House Financial Institutions Committee.

● House Bill 2342–Would allow an advanced registered nurse practitioner and a registered professional nurse to pronounce death in certain situations. The bill remains in the House Health and Human Services Committee.

The Kansas Legislature completed Sine Die after recently reconvening for a Special Session involving school finance. They are scheduled to reconvene on January 9, 2006 for the 2006 legislative session–which is a continuation of the 2005 session. It should be noted that the 2005 Legislative Session rolls over to 2006–as it is a two-year session.

Assistant Attorney General Nohe left the meeting.

V. Budgetary Status of the Kansas State Board of Mortuary Arts (KSBMA)

● Budgetary Impact of the 2005 Legislative Session on the KSBMA–It appears as though $2,027 will be transferred from the Mortuary Arts Fee Fund to the State General Fund in fiscal year 2006. The $2,027 figure represents a $246 death and disability decrease and a $1,781 cost of living decrease.

● Proposed Fee Increases–The board reviewed revenue and expenditure projections and will conduct a hearing in the near future to finalize fees to be effective January 1, 2006. Although crematory licensure fees became law in year 2002, all other existing fees were last increased six years ago.

(Bedene-Wangemann) To conduct a public hearing to increase fees in KAR 63-4-1 as was submitted with the KSBMA 2006-2007 budget request. Carried. An attempt will be made to hold the hearing in conjunction with the October 6, 2005 board meeting in a continuing effort to keep agency expenses down as much as possible.

VI. Board Interviews with Applicants for Licensure:

Embalmer-Funeral Director Applicant: Ms. Mandy M. Ketcham

(Bedene-Wangemann) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $96.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $32.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Ketcham is scheduled to complete her apprenticeships on August 20, 2005 at D.W. Newcomers Sons Johnson County Funeral Chapel in Overland Park, Kansas. Once issued, the renewal date for the licenses would be November 30, 2006. Ms. Ketcham attended Iowa Western Community College in Council Bluffs, Iowa, William Penn College in Oskaloosa, Iowa, State Fair Community College in Sedalia, 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: Mr. Kenny R. Lanman, Jr.

(Wangemann-Holroyd) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $108.00 and to grant a funeral director license upon completion of apprenticeship and payment of an initial license fee of $36.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Lanman is scheduled to complete his apprenticeships on July 26, 2005 at Lanman Funeral Home in Kiowa, Kansas. Once issued, the renewal date for the licenses would be December 31, 2006. Mr. Lanman attended Northwestern Oklahoma State University in Alva, Oklahoma, Rose State College in Midwest City, Oklahoma, Northern Oklahoma College in Tonkawa, Oklahoma and the University of Central Oklahoma in Edmond, Oklahoma.

Embalmer-Funeral Director Applicant: Ms. Tana R. Pearson-Blanco

(Bedene-Wangemann) 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 and payment of an initial license fee of $42.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Pearson-Blanco is scheduled to complete her apprenticeships on August 23, 2005 at Maple Hill Funeral Home in Kansas City, Kansas. Once issued, the renewal date for the licenses would be April 30, 2007. Ms. Pearson-Blanco attended Rogers State College in Claremore, Oklahoma, the University of Kansas in Lawrence, Kansas, Johnson County Community College in Overland Park, 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. Christopher M. Strohmeyer

(Bedene-C. Smith) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $144.00 and to grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $48.00 or $204.00 and passing of the written funeral director examination, which will be administered later today. Carried. Mr. Strohmeyer has served the greater part of his apprenticeships at Olliff-Boeve Memorial Chapel in Phillipsburg, Kansas. He will be changing employment to Hillside Funeral Home in Wichita, Kansas and is scheduled to complete his apprenticeships on August 20, 2005. Once issued, the renewal date for the licenses would be July 31, 2007. Mr. Strohmeyer earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas.

Funeral Director Applicant: Mr. Merlin R. Hull

(Bedene-Wangemann) To extend the apprenticeship period for one quarter. Carried. After completing the additional quarter of apprenticeship the applicant will meet with the board and reapply for a funeral director license.

Funeral Director Applicant: Mr. Ned C. Wall

(Bedene-Holroyd) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $8.00 and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Wall is scheduled to complete a funeral directing apprenticeship on August 18, 2005 at Carson-Wall Funeral Home in Parsons, Kansas. Once issued, the renewal date for the license would be November 30, 2005. Mr. Wall attended Labette Community College in Parsons, Kansas and earned a Bachelor of Science degree in business administration and management at Pittsburg State University in Pittsburg, Kansas.

Board Member Holroyd left the room.

Funeral Director Applicant: Mr. Donald Patrick “Pat” Sears

(Bedene-Wangemann) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $50.00 and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Sears is scheduled to complete a funeral directing apprenticeship on July 11, 2005 at Penwell-Gabel Funeral Home and Crematory Mid-Town Chapel in Topeka, Kansas. Once issued, the renewal date for the license would be July 31, 2007. Mr. Sears attended Barton County Community College in Great Bend, Kansas and Kansas City Kansas Community College in Kansas City, Kansas.

Reciprocal (Oklahoma) Embalmer-Funeral Director Applicant: Mr. Douglas E. Troutt

(Wangemann-Bedene) To grant a reciprocal embalmer license upon payment of a $156.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $208.00 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 August 31, 2007. Mr. Troutt was granted Oklahoma embalmer and funeral director licenses on February 12, 2004. He attended Kansas State University in Manhattan, Kansas, Washburn University in Topeka, Kansas, Tulsa Community College in Tulsa, Oklahoma, Rose State College in Midwest City, Oklahoma and earned a Bachelor of Science Degree in Funeral Service at the University of Central Oklahoma in Edmond, Oklahoma. He has passed the national examination administered by International Conference of Funeral Service Examining Boards. Mr. Troutt is currently employed as an assistant funeral director at Penwell-Gabel Funeral Home and Crematory, Johnson Chapel in Junction City, Kansas.

<> Board Member Holroyd returned to the room.

Embalmer by Endorsement (Oklahoma) and Reciprocal (Oklahoma) Funeral Director Applicant: Mr. Jon W. Summers, II

(C. Smith-Holroyd) To grant an embalmer by endorsement license upon payment of a $150.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $212.50 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 July 31, 2007. Mr. Summers was granted Oklahoma embalmer-funeral director licenses on July 10, 1997. He attended Northwestern Oklahoma State University in Alva, Oklahoma and the Dallas Institute of Funeral Service in Dallas, Texas. He has passed the national examination administered by the International Conference of Funeral Service Examining Boards and meets the requirements for both an embalmer by endorsement license and a reciprocal funeral director license. Mr. Summers is employed at Elliott-Schaeffer Mortuary in Caldwell, Kansas.

Reciprocal (Nebraska) Embalmer-Funeral Director Applicant: Mr. John D. Price, Jr.

(Bedene-Holroyd) To grant a reciprocal embalmer license upon payment of a $132.00 initial license fee and to grant a reciprocal funeral director license upon payment of a $187.00 initial license fee and passing the written funeral director examination, which will be administered later today. Carried. The renewal date for the licenses would be April 30, 2007. Mr. Price was granted Nebraska embalmer and funeral director licenses on July 26, 1989. He attended Cloud County Community College in Concordia, Kansas, the University of Nebraska at Lincoln in Lincoln, Nebraska and earned a Bachelor of Mortuary Science Degree (BMS) at the Cincinnati College of Mortuary Science in Cincinnati, Ohio. He has passed the national examination administered by International Conference of Funeral Service Examining Boards (ICFSEB.) Mr. Price is currently employed at Megrue-Price Funeral Home in Superior, Nebraska.

Reciprocal (Kentucky) Embalmer Applicant: Ms. Elizabeth J. Oldenettel

(Wangemann-C. Smith) To grant a reciprocal embalmer license upon payment of a $126.00 initial license fee. Carried. The renewal date for the license will be March 31, 2007. Ms. Oldenettel was granted a Kentucky embalmer license on June 15, 2005. She earned an Associate in Applied Science degree in Funeral Service at Mid-America College of Funeral Service in Jeffersonville, Indiana. She has passed the national examination administered by the International Conference of Funeral Service Examining Boards. Ms. Oldenettel will be employed at Cochran Mortuary in Wichita, Kansas.

The board recessed for lunch in the conference room.

At approximately 1:30 p.m. Mr. 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.

VlI. Board Business:

1) (Bedene-Holroyd) To approve the quarterly lists of continuing education. Carried. One list contains correspondence/home study programs. Both of these lists of approved continuing education programs are regularly updated and are available on the board’s web site on the internet and are mailed to licensees not having internet access on a quarterly basis.

2) (C. Smith-Bedene) To approve the list of lapsed licenses. 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) (Bedene-C. Smith) To approve the fourth quarter (April 1-June 30, 2005) and FY 2005 (July 1, 2005-June 30, 2006) Final Reports of the Funeral Home/Crematory Inspector, Francis F. Mills. Carried.

5) Reviewed the current roster of apprentice embalmers and funeral directors. A total of 35 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) Remaining 2005 Board meeting date: October 6.

8) Consideration of 2006 Board meeting dates–The board approved the following meeting dates for 2006: January 12, April 13, July 13, and October 12. The Investigative Committee meeting is generally scheduled to meet at 3:00 p.m. on the day prior to the board meeting. Exact information will be included on the tentative agenda section on the board’s web site. The funeral director examination is generally scheduled to be administered at the Jayhawk Tower building in the Florentine Room located on the first floor at 700 South Jackson Street in Topeka at 1:30 p.m. on board meeting dates. Examinees are asked to report by 1:15 p.m.

9) The board signed travel vouchers and licenses.

10) Vann Funeral Service of Wichita, Kansas–The board received an update regarding the fire of January 14, 2005 and the current temporary location of the funeral home. Vann’s Coffeyville, Kansas location is in the process of being licensed as a main establishment, while the Wichita, Kansas location will be licensed as a branch establishment. Once the building in Wichita has been rebuilt, it will apply for licensure as a main establishment with the Coffeyville, Kansas facility applying for a branch establishment.

11) Assistant Funeral Directors–The board reviewed information pertaining to assistant funeral director licenses. Funeral directors supervise a maximum of two assistant funeral directors (AFD’s) in 84% of all licensed AFD’s in the state. KSBMA Board Member Holroyd serves on the KFDA’s Assistant Funeral Director (AFD)Task Force. In late June, the Kansas Funeral Directors Association (KFDA) sent a questionnaire to its membership regarding potential changes to the AFD license.

12) Written Funeral Director Examination–The examination was reviewed by Wiley Wright, the Director of the Mortuary Science Program at Kansas City Kansas Community College.

(Bedene-C. Smith) To adopt all recommended changes to questions in the item bank as recommended by Mr. Wright. Carried.

There are currently 243 questions in the item bank of the Kansas funeral director examination. A breakdown of the 100 question examination is as follows:

mortuary law and business law–15 questions

sociology of funeral service–10 questions

psychology–10 questions

mortuary administration–15 questions

accounting–five questions

preneed funeral agreements–15 questions

Kansas and federal laws–30 questions

VIII. Executive Secretary's Report:

1) Budget Update–The board reviewed action taken by the 2005 Kansas Legislature:

a) The KSBMA FY 2005 budget remains at $247,971, although the KSBMA’s Kansas Savings Incentive Fund (KSIP) was decreased $17,871 from $27, 871 to $10,000 (as was requested by the KSBMA) in section 18 of Senate Bill 225.

b) The FY 2006 budget approved by the legislature is $248,127 (in section 46 of Senate Substitute for House Bill 2482) which is down $2,027 from the amount previously approved by the Governor ($250,154.) The final approved amount of $248,127 represents an increase of $5,504 from $242,623 which was originally defined in section 68 of Senate Bill 225.

c) The FY 2007 budget approved by the legislature is $249,080, defined in section 68 of Senate Bill 225, which is down $246 from the amount previously approved by the Governor of $249,326. An enhancement request of $10,577 in FY 2007 for the replacement of the agency’s only car was denied. The status of state automobiles is scheduled to be reviewed by the Kansas Legislature.

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

a) The 2005-2006 Professional Directory was distributed.

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

a) Executive Secretary Smith will represent the KSBMA at the upcoming CLEAR Conference.

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

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

a) An overview of the Tri-State (Kansas, Missouri and Nebraska) Convention was presented by Executive Secretary Smith.

b) Assistant Funeral Director Task Force–No meetings since the meeting of January 24, 2005, although a survey of all KFDA members was distributed during the latter part of June.

6) Information on the board’s Web Site, located at: http://www.accesskansas.org/ksbma/, continues to be updated on a regular basis. Items added to the KSBMA Web Site since the April 14, 2005 meeting include:

a) Information regarding Licensees In the Military Service pertaining to continuing education defined in Senate Bill 254.

b) An updated Rule Book with laws as of July 1, 2005.

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

8) The board discussed the Federal Trade Commission’s (FTC) Funeral Rule.

9) Updated information for the American Board of Funeral Service Education (ABFSE)–The process of hiring a new executive director to replace the retiring George P. Connick, Ph.D. is underway.

10) Updated information from the Cremation Society of North America (CANA) was discussed, including an article on New Mercury Data For Human Crematories and Recommendations.

11) Updated information from the Funeral Ethics Association (FEA) was discussed.

12) Updated information from the Funeral Consumer Alliance FCA) was

discussed:

a) The Spring 2005 Newsletter of the Funeral Consumer’s Alliance of Greater Kansas City was reviewed.

13) Updated information from the Funeral Ethics Organization (FEO) was discussed. The 2004 Fall newsletter was reviewed.

14) Updated information from the American Society of Embalmers (ASE) was discussed. This group’s first convention is planned later this year.

15) Presentations:

a) To the Agency Stars Rapport Association (ASTRA) on Thursday, May 19, 2005 in Topeka, Kansas at the Kansas Historical Museum, “Functions of the Kansas State Board of Mortuary Arts.”

IX. Election of Officers

● President–(Bedene-C. Smith) To elect Ms. Wangemann. Carried. Vote was unanimous with Ms. Wangemann abstaining, 4-0.

● Vice President–(Wangemann-Ryan) To elect Mr. Bedene. Carried. Vote was unanimous with Mr. Bedene abstaining, 4-0.

X. Appointment of Committee Members by President Wangemann

● Continuing Education Committee Appointments–Ryan, Bedene

● Investigative Committee Appointments–Wangemann, Bedene

● Hearing Panel Appointments–C. Smith, Ryan, Holroyd

XI. Adjourn

(Bedene-Holroyd) To adjourn–subject to recall by the president, vice president or executive secretary. Carried.

Respectfully submitted: