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
1, 2004:
I.
The regularly scheduled meeting of the Kansas State
Board of Mortuary Arts (KSBMA) was called to order by
President Craig
Boomhower.
Roll call
by Executive Secretary
Mack Smith found the following board members in attendance:
President Craig Boomhower, Garden City, licensee; Vice-President
Stephen C. Ryan, Salina, licensee; Board member Barry W. Bedene, Arma,
licensee; and Board Member Melissa Wangemann, Topeka. The board’s
Executive Secretary, Mack Smith was also in attendance.
The
board’s Assistant Attorney General, Camille Nohe, was unable to attend
the meeting.
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.
(Bedene-Wangemann)
To approve a final agenda for
this meeting. Carried.
(Bedene-Ryan)
To approve the April 1, 2004
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.
(Ryan-Bedene)
To approve the KSBMA address to the KFDA at their annual
convention. Carried.
Consumer
Board Member Charles R. Smith, Overland Park, Kansas, entered the
meeting.
The
board reviewed results of the written funeral
directors’ examination administered on April 1, 2004 noting that 100% (eleven 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.)
The
board reviewed the ‘Roster of
Applicants for Licensure’ scheduled to interview with the board
at this meeting, noting the following applicants scheduled to meet with
the board: two (2) embalmer-funeral directors, five (5) funeral
directors, four (4) reciprocal embalmer-funeral director applicants,
and one (1) reciprocal funeral director applicant. A total of
twelve (12) applicants are scheduled to be administered the written
funeral directors' examination in conjunction with this meeting.
The
board reviewed and discussed written progress reports from the third
quarter of an apprentice embalmer/funeral director. The second
quarter reports were reviewed and discussed at the April 1, 2004 board
meeting–where the board directed Mr. Smith to write both the apprentice
and supervising embalmer regarding comments on those reports.
Following review of the reports, the Board took no action at this
time. The apprentice will meet with the board at the October
meeting. Depending on the fourth quarter progress reports due
September 15, 2004, it may be necessary for the board to meet with the
supervising licensed embalmer prior to interviewing the apprentice at
the October 7, 2004 meeting. The board directed Executive
Secretary Smith to review the fourth quarter progress reports once they
are submitted. If needed, Mr. Smith will schedule a meeting with
the supervising embalmer prior to interviewing the apprentice at the
October 7, 2004 meeting.
(Wangemann-Smith)
To grant the request of Mende J. Barnett to extend her embalming
apprenticeship time frame. Carried. The two-year time frame
in which the embalming apprenticeship must be served will begin January
1, 2005 and must be completed by no later than December 31, 2006.
II. The board
reviewed individual applications
for funeral director and reciprocal 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.
III.
Legislation
and Law Discussion
2003-2004 KSBMA Final Legislative
Report–A
copy of this report is a part of these minutes.
KAR
63-1-4–Embalming examination
requirements. Propose amendments would reflect changes from HB
2657 from the 2004 Kansas legislative session.
KAR 63-3-21– Excess prefinanced funeral agreement
money. Proposed amendments would reflect changes from HB 2781
from the 2004 Kansas legislative session.
KAR 63-5-1– Adverse license actions and
definitions. Proposed amendments would reflect updates
recommended from the board.
KAR 63-6-1–Continuing education
requirements. One grammatical amendment is proposed.
(Bedene-Smith)
To submit the above-mentioned four regulations for approval to the
appropriate channels. Carried. If approval is granted, the
public hearing for the regulations will take place during the upcoming
board meeting of October 7, 2004 or as soon as can be scheduled by the
board’s executive secretary.
New
Rule Book– An updated rule book,
with all law changes as of July 1, 2004 is in the final stage of
completion and should be available within the next ten days. The
rule book will be available to be purchased for $3.00 per copy or will
be printable from the agency’s web site for no charge.
IV. Executive
Director Pam Scott of
the Kansas Funeral Directors Association
Ms.
Scott brought handouts including the Final 2004 KFDA Legislative Report
and two newspaper articles. The KFDA’s next board meeting is
scheduled for July 13, 2004. Ms. Scott reported that the Kansas
Department of Social and Rehabilitation Services (SRS) budget included funding for their Funeral Assistance Program for
fiscal year 2005 (July 1, 2004–June 30, 2005). Information on any
association business will be available following their upcoming board
meeting. There has been discussion that the possibility of funeral procession legislation may
be requested by the association. There has been local ordinance discussion in Johnson
County and Kansas City, Kansas. The board thanked Ms. Scott for
her report.
V.
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 1,
2004.
Information on
open complaints:
The
Board’s Investigative Committee, which is composed of Board Members
Boomhower and Wangemann with legal assistance provided by Assistant
Attorney General (litigation) Steve Phillips and administrative
assistance by Executive Secretary Smith, met on Wednesday, June 30,
2004 to discuss all open complaints. Investigative Committee
recommendations are included with the individual complaints.
#03-62–(Ryan-Smith)
To close the file. Carried. The funeral director has
provided the board a picture showing a new gravestone with correct
lettering is now in place by the deadline stipulated by the
board. The new gravestone was replaced at no cost to the family.
#03-74–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. At the January 2004 meeting,
the KSBMA adopted the recommendations of the Investigative Committee
and requested prosecution by the Attorney General’s Office.
Following review by the Attorney General’s Office, it was determined at
that time not enough evidence existed to prosecute–based on conflicting
testimony of two key witnesses. The Investigative Committee has
since requested additional information that was inconclusive in nature.
#03-77–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The monthly death report has
been filed with the Kansas Department of Health and Environment, Office
of Vital Statistics.
#03-86–(Ryan-Smith)
To close the file. Carried. Concerns regarding payment of
an at-need funeral. Following the April 2004 meeting, the
licensee was notified that better judgement, communication and
professionalism to all involved parties would have avoided this
situation from occurring.
#04-01–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to notify both parties that no violations of laws regulated by the
board appears to exist. Carried. The complaint involves the
transfer of two prefinanced funeral agreements from one funeral home to
another.
#04-05–(Ryan-Smith)
To close the file. Carried. No possible violations of laws
regulated by the board were discovered as the complaint involved
conduct of a licensee when interacting with an individual delivering
flowers to a funeral home.
#04-11–(Ryan-Smith)
To close the file. Carried. A Petition to Deny Renewal was
issued based on failing to correctly complete a license renewal and on
actions involving several consumer complaints. This individual
cannot renew his embalmer and funeral director licenses for twelve (12)
years after meeting certain conditions imposed by the board including
earning a minimum of 72 hours of continuing education–with a designated
number of those hours involving programs in the subject of
ethics. The board’s action will be published on the board website.
#04-13–(Investigative
Committee ) To adopt the recommendations of the Investigative Committee
to notify both parties that no violations of laws regulated by the
board appears to exist. Carried. The complaint involves the
purchase of a casket via a prefinanced funeral agreement funded with an
insurance policy.
#04-15–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The advertisement in question
appear to have been sufficiently corrected to eliminate concerns voiced
by the board.
#04-16–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to notify both parties that no violations of laws regulated by the
board appears to exist. Carried. The funeral director will
be notified that better documentation of the property in question and
better judgment would have avoided this situation from occurring.
The board will also advise the funeral director that it appears the
funeral home’s policy regarding procedures documenting property need to
be reviewed. The complaint involves a dispute concerning jewelry.
#04-17–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to notify both parties that no violations of laws regulated by the
board appears to exist. Carried. The board will notify the
funeral home that better communication could have possibly avoided this
situation from occurring. The complaint involves prefinanced
funeral solicitation by a funeral home using names from a book mark
sales program.
#04-18–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to refer this case to the Attorney General’s Office for
Prosecution. Carried. The individual to whom the crematory
license is issued has agreed to permanently surrender his embalmer and
funeral director licenses but has a crematory license issued in his
name. He has been convicted of numerous felonies and misdemeanors
involving moral turpitude and is scheduled to be sentenced on July 15,
2004.
#04-19–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to notify both parties that no violations of laws regulated by the
board appears to exist. Carried. The complaint involves
concerns regarding the prefinanced selling of the opening and closing
of a grave financed via an insurance product.
#04-20–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The complaint involves two
contracts: one prefinanced and the other at-need. Articles
purchased include a lawn crypt. After the funeral home/cemetery
was contacted by the board, they met with the family and worked out a
compromise acceptable to all parties. No board action is
necessary.
#04-21–(Investigative
Committee) To adopt the recommendations of the Investigative
Committee to close the file. Carried. The monthly death
reports have been filed with the Kansas Department of Health and
Environment, Office of Vital Statistics.
#04-22–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The complaint involved a
listing of a no longer licensed funeral establishment on the internet.
#04-23–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The complaint involved an
overpayment of funds by a funeral home to a family in which the money
should have been remitted to the Estate Recovery Unit (ERU) of the
Kansas Department of Social and Rehabilitation Services (SRS.)
The funds were submitted to SRS by the family.
#04-24–(Investigative
Committee) To close the file. Carried. The complaint does
not fall within the jurisdiction of the KSBMA and has been forwarded to
the Consumer Protection Division of the Kansas Attorney General’s
Office.
#04-25–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The funeral home will be
notified that under the facts presented there is no clear violation of
laws regulated by the board.
#04-26–(Investigative
Committee) To adopt the recommendations of the Investigative
Committee to close the file. Carried. The complaint
involves a listing of a never licensed/deceased individual’s name on
the internet.
#04-27–(Investigative
Committee) To adopt the recommendations of the Investigative Committee
to close the file. Carried. The complaint involves the
possible sale of prefinanced funeral agreements by a cemetery and will
be forwarded to the Consumer Protection Division of the Kansas Attorney
General’s Office as it does not appear to fall within the jurisdiction
of the KSBMA.
#04-28–(Investigative
Committee) To adopt the recommendations of the Investigative
Committee to notify both parties that no violations of laws regulated
by the board appear to exist. Carried. The funeral director
will be notified that had he exercised more diligence, this situation
would have avoided the unnecessary hardship caused to the family.
The complaint involves the failure of a funeral home to file a claim
with an insurance company involving a death from almost four (4) years
ago for an individual with a prefinanced funeral agreement funded via
an insurance product funded via a trust. Failure of the funeral
home to file the claim has caused the family to have to file amended
tax forms, pay back taxes, penalties and additional costs for
accounting purposes on the interest earned on the trust.
VI.
Discussion
about Infectious and
Contagious Diseases Impacting Kansas Funeral Homes
Mr. Smith has visited
with Dr. Gail
Hansen of the Kansas Department of Health and Environment (KDHE.)
Dr.
Hansen is not aware of any changes needed to current board regulations
involving infectious and contagious diseases. If there are any
changes, additions, deletions or corrections regarding infectious and
contagious diseases and dead human bodies, there must be appropriate
documentation before approval will be granted by KDHEPam Scott, the executive
director of the Kansas Funeral Directors Association, joined the meeting.
VII. Board
Interviews with Applicants for Licensure:
Embalmer-Funeral
Director
Applicant: Ms. Lori B. (Prusa) Kirk
(Bedene-Ryan)
To grant an embalmer license upon payment of an initial license fee of
$30.00 and to grant a funeral director license upon payment of an
initial license fee of $10.00 and passing of the written funeral
director examination, which will be administered later today.
Carried. Ms. Kirk completed apprenticeships at Hatfield-Prusa
Funeral Home in Coldwater, Kansas. If granted, the renewal date
for both licenses would be November 30, 2004. Ms. Kirk attended
Dodge City Community College in Dodge City, Kansas, Kansas State
University in Manhattan, Kansas and earned a Bachelor of Science degree
in Funeral Service at the University of Central Oklahoma in Edmond,
Oklahoma.
Embalmer-Funeral
Director Applicant: Mr. Kent E. Leintz
(Ryan-Smith)
To grant an embalmer license upon completion of apprenticeship and
payment of an initial license fee of $30.00 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. Mr. Leintz is scheduled to complete both apprenticeships
at R. L. Leintz Funeral Home in Leavenworth, Kansas on August 15,
2004. If granted, the renewal date for both licenses would be
December 31, 2004. Mr. Leintz earned an Associate in Applied
Science degree in Mortuary Science at Kansas City Kansas Community
College in Kansas City, Kansas.
Funeral
Director Applicant: Ms. Diane R. Euler
(Bedene-Wangemann)
To grant a funeral director license upon payment of a $46.00 initial
license fee and passing the written Kansas funeral director
examination, which will be administered later today.
Carried. Ms. Euler completed a funeral directing apprenticeship
at Memorial Chapel of the Flint Hills in Council Grove, Kansas.
Once issued, the renewal date for the license would be May 31,
2006. Ms. Euler earned a Bachelor of Arts degree in Elementary
Education at Marymount College of Kansas in Salina, Kansas.
Funeral
Director Applicant: Ms. Cherie L. Headley
(Ryan-Wangemann)
To grant a funeral director license upon payment of a $208.00 initial
license fee and passing the written Kansas funeral director
examination, which will be administered later today.
Carried. Ms. Headley completed a funeral directing apprenticeship
at Headley Funeral Chapel in Augusta, Kansas. Once issued, the
renewal date for the license would be August 31, 2006. Ms.
Headley earned a Bachelor of Science degree in Business at the
University of Kansas in Lawrence, Kansas.
Funeral
Director Applicant: Ms. Christine “Chris” M. Sillin
(Bedene-Ryan)
To grant a funeral director license upon completion of apprenticeship,
payment of a $26.00 initial license fee and passing the written Kansas
funeral director examination, which will be administered later
today. Carried. Ms. Sillin is scheduled to complete a
funeral directing apprenticeship at Sillin Funeral Home in Sterling,
Kansas on July 18, 2004. Once issued, the renewal date for the
license would be July 31, 2005. Ms. Sillin attended Barton
County Community College in Great Bend, Kansas, Fort Hays State
University in Hays, Kansas, Mid America Nazarene University in Olathe,
Kansas and earned a Bachelor of Science degree in Elementary Education
at Sterling College in Sterling, Kansas.
Funeral
Director Applicant: Ms. Debby S. Stout
(Bedene-Ryan) To grant a funeral
director license upon completion of apprenticeship, payment of a $26.00
initial license fee and passing the written Kansas funeral director
examination, which will be administered later today.
Carried. Ms. Stout is scheduled to complete a funeral directing
apprenticeship at Eddy-Birchard Funeral Home in Osawatomie, Kansas on
September 2, 2004. Once issued, the renewal date for the license
would be July 31, 2005. Ms. Stout attended Brown Mackie College
in Kansas City, Kansas, Neosho County Community College in Chanute,
Kansas and earned an Associate of Science degree at Fort Scott
Community College in Fort Scott, Kansas.
Funeral
Director Applicant: Mr. James D. Swait
(Ryan-Wangemann) To grant a funeral
director license upon payment of a $26.00 initial license fee and
passing the written Kansas funeral director examination, which will be
administered later today. Carried. Mr. Swait completed a
funeral directing apprenticeship at Mrs. J.W. Jones Memorial Chapel in
Kansas City, Kansas. Once issued, the renewal date for the
license would be July 31, 2005. Mr. Swait earned a Bachelor
of Arts degree in Speech-Language Hearing at the University of Kansas
in Lawrence, Kansas.
Reciprocal
Embalmer-Funeral Director Applicant: Ms. Jenny Suzanne Cave
Ms. Cave did not show for her
scheduled appointment and failed to notify the board accordingly.
The board directed Executive
Secretary Smith to provide Ms. Cave with an additional set of
applications that will need to be re-filed by the appropriate filing
deadline of a future meeting.
Reciprocal
(Illinois) Embalmer-Funeral Director Applicant: Ms. Olympia E.
Dombrowski
Ms. Dombrowski did not show for her
scheduled appointment and failed to notify the board accordingly.
This is the third meeting that Ms. Dombrowski has missed her scheduled
appointment.
The board directed Executive
Secretary Smith to provide Ms. Dombrowski with an additional set of
applications that will need to be re-filed by the appropriate filing
deadline of a future meeting.
Reciprocal
(Washington) Embalmer-Funeral Director Applicant: Ms. Robyn L. Miller
(Ryan-Smith) To grant a reciprocal
embalmer license upon payment of a $42.00 initial license fee and to
grant a reciprocal funeral director license upon payment of a $14.00
initial license fee and passing the written funeral director
examination which will be administered later today.
Carried. The renewal date for the licenses would be January 31,
2005. Ms. Miller was granted a Washington embalmer license on May
1, 1994 and a funeral director license on January 10, 1993. She
attended the University of Nebraska in Lincoln, Nebraska and Kansas
City Kansas Community College in Kansas City, Kansas where she earned
an Associate in Applied Science degree in Mortuary Service. She
has passed the national examination administered by International
Conference of Funeral Service Examining Boards. Ms. Miller is
currently an assistant funeral director and is employed at Memorial
Chapel Funeral Home and Crematory of Olathe in Olathe, Kansas.
Reciprocal
(Missouri) Funeral Director Applicant: Mr. Jeffery B. Woodward
(Wangemann-Ryan) To grant a
reciprocal funeral director license upon payment of a $34.00 initial
license fee and passing the written funeral director examination which
will be administered later today. Carried. The renewal date
for the license would be November 30, 2005. Mr. Woodward was
granted a Missouri funeral director license on January 16, 2002.
He attended Northeast Junior College in Sterling, Colorado where he
earned an Associate in Arts degree and Arapahoe Community College in
Littleton, Colorado where he earned an Associate of Applied Science
degree. Mr. Woodward is currently employed as an assistant
funeral director at McGilley and Frye Funeral Home and Cremation
Service in Olathe, Kansas.
Reciprocal
(Arkansas) Embalmer-Funeral Director Applicant: Mr. Steven C. Germeroth
(Smith-Ryan) To grant a reciprocal
embalmer 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,
2006. Mr. Germeroth was granted Arkansas embalmer and funeral
director licenses on January 31, 2001. He attended Hutchinson
Community College in Hutchinson, Kansas and Kansas City Kansas
Community College in Kansas City, Kansas where he earned an Associate
in Applied Science degree in Mortuary Service. He has passed the
national examination administered by International Conference of
Funeral Service Examining Boards, and he will be employed at Resthaven
Mortuary of Wichita, Kansas.
(Bedene-Wangemann) To have
KSBMA Executive Secretary Smith ask Assistant Attorney General Nohe if
a reciprocal license applicant must have a license in good standing in
another state at the time the application is considered by the board at
a board meeting. Carried by a vote of 4-1 with Board Member Smith
voting no.
The board recessed for lunch at the Jayhawk Tower Restaurant
located on the first floor of the Jayhawk Tower.
At 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.
VIII. Board Business:
1)
(Ryan-Wangemann) 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.
2)
(Smith-Wangemann) 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-Ryan) To approve the fourth
quarter (April 1-June 30,
2004) and Year End FY 2004 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 30 apprentices are currently registered with the board.
6)
Discussion of news articles
relating to the funeral profession
that has been provided to board members and legal counsel for their
review.
7) Future
Board meeting date for calendar year 2004: October
7. The
Investigative Committee meeting is scheduled for 3:00 p.m. on October
6, 2004 and is included on the tentative agenda section on the board’s
web site. The funeral director examination for this meeting is
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.
8) The
board selected the following dates for 2005
meetings: January 6, April
14, July 7 and October 6. Staff will make sure that it is
possible to reserve examination space and rooms for the dates selected.
9) The
board signed travel vouchers.
IX. Executive Secretary's Report:
1)
Budget Update: The KSBMA FY 2004 (July 1, 2003 through June
30,
2004) budget expenditure limitation was $236,432. Once the final
balance from the FY 2004
budget has been determined, the board will
transfer 50% of that balance to their Kansas Savings Incentive Program
(KSIP Account.) Those
amounts will be available at the board’s
October 2004 meeting.
The FY 2005 (July 1, 2004
through June 30,
2005) budget, approved by the 2004 Kansas Legislature, is
$237,971–which includes a three
percent salary increase for the
administrative staff. $942
of FY 2005 KSBMA fee funds
(from
contractual services, commodities and capital outlay) were transferred
to the State General Fund.
$13,384 was transferred by the 2003
Kansas Legislature from the FY
2004 budget and placed in the State
General Fund. $4,226 of
unbudgeted Kansas Savings Incentive
Plan
(KSIP) money was also transferred by the 2003 Kansas Legislature from
the Mortuary Arts KSIP Fund to
the State General Fund.
Including
the $942 from the board’s FY 2005 budget to the State General
Fund,
this makes a total of $18,552
has been transferred from KSBMA accounts
to the State General Fund in FYs 2004 and 2005. This loss
will be
a contributing factor in requiring that the KSBMA will need to increase
license fees effective January 1,
2006. Expenditures from back in
FY 2003 totaled $202,195 with only $199,023 coming from the Mortuary
Arts Fee Fund which had an expenditure limit of $216,514–meaning the
agency was able to save $17,491
at that time. The board directed
Mr. Smith to submit the FY 2006
and 2007 KSBMA budgets by the filing
deadline of September 15, 2004
along with any necessary amendments to
the FY 2005 budget. Mr.
Smith will visit with the board president
regarding the budget. A final copy of the budget will be reviewed
and discussed by the board at their October 7, 2004 meeting.
2) Updated
information regarding the International
Conference of Funeral Service
Examining Boards (ICFSEB)–Mr.
Smith represented the board at the
ICFSEB’s Annual Conference in April of 2004. Copies of
information including a summary by Mr. Smith were provided to the board.
3) Updated
information on the Council on
Licensure, Enforcement and Regulation
(CLEAR)–Mr. Smith remains the current past president of this
group and
will represent the KSBMA at their Annual Meeting in September of 2004.
4) Updated
information regarding the Federation
of Associations of Regulatory
Boards (FARB)–Mr. Smith was approved to represent the
board at
the Attorney Certification Meeting to be held later in 2004 if
scheduling and funding allows.
5)
Updated information on the Kansas
Funeral Directors and Embalmers
Association (KFDA)–Information
was previously provided by KFDA
Executive Director Pam Scott. The next scheduled KFDA Board of
Directors Meeting is scheduled for July 13, 2004. If invited, Mr.
Smith will represent the board at that meeting.
6)
Information on the board’s Web
Site, located at:
http://www.accesskansas.org/ksbma/, continues to be updated on a
regular basis. Legislative bills that become law on July 1, 2004
will be posted on the site today (July 1, 2004.) The new rule
book will be added within the next seven to ten days.
7) The
board discussed information from the National
Funeral Directors
Association (NFDA) including their Model Consumer Protection Guidelines
for State Preneed Funeral Statutes.
8) List of Board
Actions–(Bedene-Ryan) To adopt the
update list. Carried. Board actions since January 1, 2003
will be included on the board’s web site.
9) The board briefly discussed the Federal Trade
Commission’s (FTC) Funeral Rule noting that federal legislation
to
codify the rule has recently been introduced.
10) The board briefly discussed activities of the
American Board of Funeral Service
Education (ABFSE.)
This group
met in conjunction with the ICFSEB in April of 2004, and Mr.
Smith represented the KSBMA at that meeting.
11) Activities of the Cremation Society of North
America (CANA) were reviewed by the board. The board
recently
renewed their membership in CANA. A copy of the CANA Code of
Cremation Practice will
be provided to board members in an upcoming
board mailing.
12) Funeral
Service Ethics Association–A brief
discussion on FSEA activities was held including information provided
in their newsletter.
13) Recent
Presentations on behalf of the board by Mr. Smith:
a)
The Governor’s Conference On Aging–The
board reviewed the PowerPoint
Presentation made by Mr. Smith as well as a review of the
presentation
by those in attendance. The presentation was held on May 7, 2004
in Topeka at the Manor Conference Center and was titled “Helping
Families Face Final Arrangements.”
b) The Funeral
Consumer’s Alliance National Conference–The board reviewed the
PowerPoint Presentation made by Mr. Smith on June 12, 2004 in Massman
Hall at Rockhurst University in Kansas City, Missouri and was titled
“Tips For Working
Effectively with Regulatory Boards.” A copy of
a newspaper article regarding the conference and Mr. Smith’s
presentation was reviewed and discussed by the board. Board
member Bedene had several funeral directors contact him to voice
displeasure regarding the quote contributed to Mr. Smith’s in a
newspaper article. Mr. Smith said that KFDA Executive Director
Pam Scott informed him that she had been contacted by several Kansas
City area funeral directors voicing displeasure regarding the
quote. Mr. Smith said the quote represented a small part of his
response to a question from an attendee and did not portray his
complete response. An email thanking Mr. Smith for his
presentation by Funeral Consumer Alliance President Gere B. Fulton from
Columbia, South Carolina was provided to the board for their review.
X. Election
of Officers/Appointment of Committees
Vice
President–(Boomhower-Ryan) To
elect Ms. Wangemann as Board Vice President. Carried.
President–(Boomhower-Wangemann)
To elect Steve Ryan as Board President. Carried.
Continuing
Education Committee–President Ryan appointed Mr. Bedene and
himself to the continuing education committee.
Hearing
Committee–President Ryan appointed Mr. Bedene, Mr. Smith and
himself to the Hearing Committee.
Investigative
Committee–President Ryan appointed Mr. Boomhower and Ms.
Wangemann to the Investigative Committee. Administrative support
will include KSBMA Executive Secretary Smith and Assistant Attorney
General Phillips.
XI. (Bedene-Ryan)
To adjourn–subject to
recall by the president, vice president or executive secretary.
Carried.
Respectfully
submitted:
Mack
Smith, Executive Secretary
Craig Boomhower,
President
October 7, 2004