KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, January 6, 2005
FORMAT OF MNUTES:

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, January 6, 2005:

I.        The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by President Stephen C. Ryan.  Attendance was effected due to an ice/snow storm on the two days prior to the meeting.
President Ryan introduced newly appointed Board Member Fred Holroyd and installed him as an official board member with the Oath of Office.  Mr. Holroyd was welcomed to the board by all in attendance.  Governor Kathleen Sebelius appointed Mr. Holroyd to a term that will expire on July 31, 2007 replacing Craig Boomhower.  Governor Sebelius also reappointed current Board Member Charles Smith to an additional term on the board that will expire on July 31, 2006.  President Ryan announced that Mr. Bedene will replace Mr. Boomhower on the Investigative Committee.  Mr. Holroyd will be a member of the Hearing Committee.
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, and Board Member Fred G. Holroyd, Topeka, licensee.  The board’s Executive Secretary, Mack Smith was in attendance.  Board Member Charles R. Smith, Overland Park, consumer, and the board’s Assistant Attorney General, Camille Nohe, were unable to attend.
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.

(Holroyd-Wangemann) To approve a final agenda for this meeting. Carried.

The board, by unanimous consent, agreed to adopt the October 7, 2004 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 October 7, 2004  noting that 100% (all eight 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.)  Each examinee who provided information on the “Exit” application received a written response addressing each of their questions or concerns.  Those responses were reviewed by the board, and they dealt with individual questions on the examination, study material for the examination and information distributed to applicants prior to being administered the examination.  Comments made by examinees resulted in clarification to one question and review of several others.  Later in this meeting, the board will be reviewing all of the questions in the item bank for possible changes, additions and deletions.
The board reviewed the ‘List 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, two (2) funeral directors and one (1) reciprocal embalmer-funeral director applicant.  One (1) funeral director applicant will be retaking the examination.  A total of four (4) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting.

The board reviewed and discussed the fifth quarter apprenticeship of an apprentice embalmer who is scheduled to meet with the board later 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 Senate Room of the Jayhawk Tower.

The board reviewed the second quarter progress reports of an apprentice funeral director and supervising licensee.  No action was taken at this time.

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.

The board reviewed the application of an assistant funeral director who will meet with the board later this 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 October 7, 2004.

Information on open complaints:

The Board’s Investigative Committee, which is composed of Board Members Bedene and Wangemann with legal assistance provided by Assistant Attorney General (litigation) Steve Phillips and administrative assistance by Executive Secretary Smith, met on Wednesday, January 5, 2005 to discuss all open complaints.  Investigative Committee recommendations are included with the individual complaints.

#04-18–(Investigative Committee) To close the file.  Carried.  At the October 7, 2004 meeting, the board added “the volunteer surrendering of his embalmer and funeral director licenses based on the conviction of six counts of felony theft and four counts of misdemeanor theft dealing with paid at-need funeral funds” to the agency’s web site under the heading of Board Actions.  The crematory license that formerly listed this individual as the crematory operator in charge has since be renewed with a different crematory operator in charge.  Because the new crematory operator in charge is not a licensed embalmer or funeral director, this crematory will only be eligible to cremate bodies brought to them by licensed funeral homes.

#04-29, #04-30 and #04-31–(Investigative Committee)  To close the files.  Carried.  While no possible violations of laws regulated by the board were discovered in these complaints, the funeral director was notified that better communication may have avoided this situation from occurring. These complaints involve concerns of the quality of services provided by the funeral home and incorrect information on the death certificate.  The death certificate has since been re-filed with copies provided to the family.

#04-32–(Investigative Committee)  To close the file.  Carried.  No possible violations of laws regulated by the board were discovered.  Both parties were notified accordingly.  This complaint involved an obscene gesture made by an individual driving a hearse aimed toward a hearse driven by a competing funeral home.

#04-33–No action necessary at this time.

#04-36–(Investigative Committee)  To close the file.  Carried.  No possible violations of laws regulated by the board were discovered.  Both parties were notified accordingly.  The complaint involved a possible overpayment made by the funeral home to a family to pay for out of pocket funeral expenses without proper authorization by the Estate Recovery Unit (ERU) of the Kansas Department of Social and Rehabilitation Services.  SRS provided the board with a copy of the statute and case law relating to the manner in which cases are handled by SRS.

#04-37–(Investigative Committee)  To close the file.  Carried.  No possible violations of laws regulated by the board were discovered.  Both parties were notified accordingly.  The complaint involved services and the timing of services provided by the funeral home.

#04-38–(Investigative Committee)  To close the file.  Carried.  The license renewal of this individual was approved by the board at the October 7, 2004 meeting.

#04-40–(Investigative Committee) To close the file.  Carried.  The funeral director was notified that better communication may have avoided this situation from occurring.  The complaint involved disorganization and treatment provided by a funeral home.

#04-41–The application of this individual will be considered by the board later in this meeting.

#04-42–(Investigative Committee)  To adopt the recommendation of the Investigative Committee that no possible violations of laws regulated by the board appears to exist.  Carried.  The complaint involves using the term “locally owned” in advertising.  The funeral home will be notified accordingly.

#04-43–(Investigative Committee) To close the file.  Carried.  The complaint involves the failure of a funeral home to submit a monthly death report to the Office of Vital Statistics (OVS) in a timely manner.  The monthly death report in question has since been filed.

#04-44–(Investigative Committee)  To close the file.  Carried.  The complaint was filed with the Kansas Attorney General’s Office, Division of Consumer Protection/AntiTrust Division and concerns the value of a prefinanced funeral agreement at the time of death.  The Attorney General’s Office found no possible violations of Consumer Protection laws or laws regulated by the Kansas State Board of Mortuary Arts.

#04-45–(Investigative Committee) To adopt the recommendations of the Investigative Committee to notify the licensee that the regulation requires the licensee to present a signed statement prior to providing merchandise and services.  Carried.  The licensee will be advised that such a statement must be provided to all families finalizing at need funeral arrangements and of the price list requirements governed by the Federal Trade Commission’s Funeral Rule.  The complaint concerns the manner in which at-need funeral arrangements were handled by the funeral director.  Both parties will be notified accordingly.

 #04-46–(Investigative Committee )  To adopt the recommendation of the Investigative Committee that no possible violations of laws regulated by the board appears to exist.  Carried.  The complaint involves unlicensed activity by a Missouri licensee regarding funeral services conducted in the state of Kansas.  Following investigation, it was determined that a Kansas licensee was in attendance at the service in question.  Both parties will be notified accordingly.

 #04-47–(Investigative Committee) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appears to exist.  Carried.  The complaint involves disrespect in the handling of a dead human body.  The funeral home will be notified that better judgment may have avoided this situation from occurring and to confirm that in the future they will be transporting all bodies in a vehicle from the funeral home to the crematory.

#04-48–No action necessary at this time on a complaint filed with the Kansas Attorney General’s Consumer Protection/AntiTrust Division involving actions of a Kansas funeral home.

#04-49–(Investigative Committee)  To adopt the recommendations of the Investigative Committee to close the file.  Carried.  The complaint involves misleading advertising that has since been reworded.

#04-50–(Investigative Committee)  To adopt the recommendations of the Investigative Committee to close the file.  Carried.  The complaint involves misleading advertising that has since been reworded.

#04-51–No action necessary at this time.

#04-52–(Investigative Committee) To adopt the recommendations of the Investigative Committee to close the file.  Carried.  The complaint involves the potential of unlicensed activity involving cremation and at-need funerals by a Missouri licensed funeral establishment conducting business in Kansas.

#04-53–(Investigative Committee)  To adopt the recommendations of the Investigative Committee to close the file.  Carried.  The complaint involves misleading advertising that has since been reworded.

#04-54–No action necessary at this time.

#04-55–(Investigative Committee)  To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appears to exist.  Carried.  The complaint involves the failure of a funeral home to release a body at the request of the family.  The funeral home will be reminded of the statute that prohibits funeral homes from holding a dead human body against the will of the family.

The board noted that the four regulations passed at the public hearing held in conjunction with the October 7, 2004 meeting were published in the Kansas Register and became law on November 12, 2004.

The board noted Case Law and Statutory Authority provided by a representative of the Kansas Department of Social and Rehabilitation Services (SRS), Estate Recovery Unit (ERU)  relating to how cases are handled by that agency.

The board reviewed proposed amendments to agency applications and directed the board’s executive secretary to begin using the revised applications immediately.
                                                                                                                                   
IV.    Review of the Funeral Directors’ Examination

The board reviewed the item bank containing all questions available for use on the funeral director examination administered by the agency on a quarterly basis.  Following review, the board made necessary changes, additions and deletions to the questions.  A total of 241 questions are currently in the question item bank.
                                                                                                                                         
V.    2005 Proposed Legislation Affecting the KSBMA

●    Kansas Department of Revenue (KDOR)–Legislation addressing taxes and licenses was discussed.  Mr. Smith will attend a meeting next week where a copy of this proposed legislation, Senate Bill 15, will be provided.
                                                                                                                                         
Vl.    Board Interviews with Applicants for Licensure:
 Embalmer-Funeral Director Applicant: Mr. James A. Griffith
 Board Member Holroyd left the room.
(Bedene-Wangemann) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $102.00 and to grant a funeral director license upon completion of apprenticeship, 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. Griffith is scheduled to complete his apprenticeships on February 17, 2005 at Penwell-Gabel Funeral Home and Crematory Mid-Town Chapel in Topeka, Kansas.  Once issued, the renewal date for the licenses would be July 31, 2006.  Mr. Griffith attended Cowley County Community College in Arkansas City, Kansas, Southwestern College in Winfield, 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: Mr. Christopher “Jason” Gorup
Board Member Holroyd returned to the room.

(Wangemann-Bedene) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $36.00 and passing the written Kansas funeral director examination, which will be administered later today.  Carried.  Mr. Gorup is scheduled to complete a funeral directing apprenticeship on January 26, 2005 at Amos Family Funeral Home in Shawnee, Kansas.  Once issued, the renewal date for the license would be July 31, 2006.  Mr. Gorup attended Conception Seminary College in Conception, Missouri and Coffeyville Community College in Coffeyville, Kansas.
                                                                                                                                        
Funeral Director Applicant: Ms. Kelsi N. Williamson
Due to the weather, Ms. Williamson will meet with the board at the April 2005 meeting.
                                                                                                                                        
 Embalmer Applicant: Mr. Neil M. Shanberg

(Bedene-Wangemann)  To extend Mr. Shanberg’s embalming apprenticeship until meeting with the board at the April 14, 2005 meeting.  Carried.  The applicant has been granted more time in order to meet the additional apprenticeship requirements directed by the board at the meeting of October 7, 2004.  He is in the process of embalming six bodies, submitting individual embalming reports for each embalming, with one of the embalmings to be performed in front of a member of the board’s administrative staff.  To this point, he has submitted one report and is in the process of submitting a second report.
                                                                                                                                        
Assistant Funeral Director Applicant:  Mr. Willie A. “Bill” Schonacher, Jr.
Following review of all information and with meeting with the applicant:
(Wangemann-Holroyd)  To grant an assistant funeral director license with the condition that Mr. Schonacher be restricted from any dealings with finance and after paying the appropriate initial license fee.  Carried.
                                                                                                                                        
Reciprocal (Missouri) Embalmer-Funeral Director Applicant:  Mr. Timothy R. Minter
Mr. Minter will meet with the board at the April 2005 meeting.
                                                                                                                             
Reciprocal (Iowa) Embalmer-Funeral Director Applicant:  Mr. Stephen W. “Steve” Shelley
(Bedene-Wangemann) 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 $59.50 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, 2005.  Mr. Shelley was granted an Iowa funeral director license (the equivalent to a Kansas embalmer-funeral director license) on March 1, 1994.  He attended Missouri Western State College in St. Joseph, Missouri 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.
                                                                                                                                        
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 Senate Room of the Jayhawk Tower.  The results of that examination are a part of these minutes.
                                                                                                                                        
Vll.    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)    (Bedene-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-Holroyd) To approve the second quarter (October 1-December 31, 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 thirty (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)    Remaining 2005 Board meeting dates:  April 14, July 7 and October 6.  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.

8)    The board signed travel vouchers.

9)    Board Actions–The board policy of listing all board actions on the agency web site since January 1, 2003 was reviewed and discussed.

(Holroyd-Bedene) To amend the list of Board Actions to include action taken at the October 7, 2004 board meeting.  Carried.

10)    An updated board roster was distributed.

11)    An updated roster of Board Member Appointments was distributed.

12)    Assistant Funeral Directors–The board reviewed a letter submitted by a licensee regarding assistant funeral directors.

13)    Kansas Department of Health and Environment (KDHE), Office of Vital Statistics (OVS)–The board reviewed proposed amendments to regulations relating to death certificates.
                                                                                                                                        
VIII.      Executive Secretary's Report:

1)    Budget Update: The KSBMA FY 2005 budget request as approved by the Division of the Budget is $247,971.  The FY 2006 budget request approved by the Division of the Budget is $240,445, and the amount approved for FY 2007 is $245,275.  An enhancement request of $10,577 in FY 2007 for the replacement of the agency’s lone car was denied by the Division of the Budget.  The agency has appealed the replacement of the car.  That appeal will be reviewed during the Governor’s Decision Week.  Governor Sebelius will formally announce the State Budget, including the agency approval amounts for the Kansas State Board of Mortuary Arts, when giving the State of the State Address on Monday, January 10, 2005.

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

a) Annual Meeting–Mr. Smith will represent the KSBMA at the Annual ICFSEB Conference in April 2005.

3)    Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR)
       
a) 2004 Annual Conference–Mr. Smith represented the board as the Immediate Past President of CLEAR.  The board reviewed a written report of the conference provided by Mr. Smith.

b) Mid-Year Business Meeting–Due to a scheduling conflict and budgetary restraints, Mr. Smith did not attend this meeting.

4)    Updated information regarding the Federation of Associations of Regulatory Boards (FARB)
       
a) Mr. Smith will represent the board at the upcoming Annual Forum.

5)    Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA)
       
a) Legislative Committee–Nothing to report at this time.
       
b) Assistant Funeral Director Task Force–Will meet on January 24, 2005.  KSBMA board member Fred Holroyd is a member of this task force.
KFDA Executive Director Pam Scott was unable to attend this meeting, but she will be invited to meet with the board at the meeting scheduled for April 14, 2005.

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 since the October 7, 2004 meeting include:   changes to the home page to included the four amended regulations that became law on November 12, 2004 and an update to the Board Actions section which includes board actions since January 1, 2003.

7)    The board discussed information from the National Funeral Directors Association (NFDA) including a new form titled: “Directions on the Disposition of Decedent’s Clothing.”

8)    The board briefly discussed the Federal Trade Commission’s (FTC) Funeral Rule.  Federal legislation was introduced in 2004 to codify the rule, but it was not worked.  Similar legislation will probably be introduced in 2005.

9)    The board briefly discussed activities of the American Board of Funeral Service Education (ABFSE.)  Their annual meeting is scheduled for April in Rogers, Arkansas and will be attended by KSBMA Executive Secretary Smith.

10)    The Cremation Society of North America (CANA)–Written material provided by CANA was reviewed by the board.

11)    Funeral Service Ethics Association–“Handling Challenges in Ethics” was reviewed and discussed.

12)     Updated information on the Funeral Consumer Alliance was discussed.

13)    Presentations:

a) Missouri-Kansas Funeral Directors and Embalmers Association in Kansas City, Missouri on October 21, 2004, titled: “Board Update.”
b) Mr. Smith has been invited to present at the upcoming 2005 KFDA Spring District Meetings on the topic of Complaint Investigations.

14)    Review of Agency Applications and Reports
        (Bedene-Holroyd) To adopt changes presented.  Carried.

15)    Creutzfeldt-Jakob Disease (CJD) information–The board reviewed a seven (7) part article discussing CJD.
                                                                                                                                        
X.    (Bedene-Holroyd) To adjourn–subject to recall by the president, vice president or executive secretary.  Carried.
                                                                                                                                        
Respectfully submitted:
                                                                                                                                   
Mack Smith, Executive Secretary
April 14, 2005

                                                                                                                                        
Stephan C. Ryan, President
April 14, 2005