http://www.accesskansas.org/ksbma/board

KANSAS STATE BOARD OF MORTUARY ARTS
700 SW JACKSON, SUITE #904
TOPEKA, KANSAS 66603-3733
Thursday, October 7, 2004

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, October 7, 2004:

I. The regularly scheduled meeting of the Kansas State Board of Mortuary Arts (KSBMA) was called to order by Immediate Past President Craig Boomhower.

Roll call by Executive Secretary Mack Smith found the following board members in attendance: Board member Barry W. Bedene, Arma, licensee; Board member Craig Boomhower, Garden City, licensee, and Board Member Charles R. Smith, Overland Park, consumer. Board President Stephen C. Ryan, Salina, licensee and Vice President Melissa Wangemann, Topeka, consumer, were unable to attend the meeting. The board’s Executive Secretary, Mack Smith and the board’s Assistant Attorney General, Camille Nohe, were in attendance.

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

(C. Smith-Bedene) To approve a final agenda for this meeting. Carried.

(Bedene-C. Smith) To approve the July 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.

The board reviewed results of the written funeral directors’ examination administered on July 1, 2004 noting that 80% (eight of ten 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: one (1) embalmer, three (3) embalmer-funeral directors, and four (4) funeral directors. A total of eight (9) applicants are scheduled to be administered the written funeral directors' examination in conjunction with this meeting. Two (2) of the nine (9) applicants scheduled to be administered the written funeral director examination are retaking the examination and will not meet with the board.

The board reviewed and discussed fourth quarter written progress reports and summation from 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. The third quarter reports were reviewed at the July 1, 2004 board meeting with no action taken at that time. Based on the fourth quarter reports submitted by the September 15, 2004 filing deadline, the board’s executive secretary did not contact the supervising licensed embalmer to have him meet with the board at this meeting.

At the July 1, 2004 meeting, the board granted the request of Mende J. Barnett to extend her embalming apprenticeship time frame. 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. The board reviewed the letter sent to Ms. Barnett granting her request.

The board reviewed letters sent to the two reciprocal applicants that failed to appear at the July 1, 2004 meeting. The two applicants failed to contact the board regarding their inability to appear at the meeting.

Correspondence from Assistant Attorney General Nohe regarding reciprocal applications was discussed. It was determined that a reciprocal license applicant must have a license in good standing in another state at the time the application is filed with the Kansas board.

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 reportsavailable for review.

The board briefly discussed one embalmer-funeral director license renewal and an assistant funeral director application. Both of these cases will be considered by the board later in this meeting.

lll.    Public Regulation Hearing

A public hearing was held beginning at 9:00 a.m. to discuss four proposed regulation amendments. Those in attendance included Pam Scott, Executive Director of the Kansas Funeral Directors Association (KFDA.)

(Bedene-C. Smith) To approve the amendments of K.A.R. 63-1-4 as proposed. Carried.

(C. Smith-Bedene) To approve the amendments of K.A.R. 63-3-21 as proposed with additional amendments requested by the Joint Committee on Administrative Rules and Regulations at their meeting of August 24, 2004. Carried.

(Bedene-C. Smith) To approve the amendments of K.A.R. 63-5-1 as proposed. Carried.

(C. Smith-Bedene) To approve the amendments of K.A.R. 63-6-1 as proposed. Carried.

K.A.R.’s    BEDENE    BOOMHOWER    C. SMITH

    63-1-4        YES                    YES                    YES
    63-3-21    YES                    YES                    YES
    63-5-1        YES                    YES                    YES
    63-6-1        YES                    YES                    YES

A copy of the letter dated August 27, 2004 resulting from the August 24, 2004 meeting of the Joint Committee on Administrative Rules and Regulations was made a part of the public record as was an approval letter from Kansas Insurance Commissioner Sandy Praeger regarding K.A.R. 63-3-21. Copies of these letters were distributed to all those in attendance at the public hearing and will be made a part of these minutes.

(C. Smith-Bedene) To close the public hearing. Carried.

IV. Executive Director Pam Scott of the Kansas Funeral Directors Association (KFDA)

The association held their quarterly board meeting on Tuesday, October 5, 2004 at Kansas City Kansas Community College (KCKCC) in Kansas City, Kansas.

Assistant Funeral Director Licenses–At their board meeting held on October 5, 2004, KFDA President Bob Sterbens has appointed a task force to pursue possible amendments to laws regarding this license. The association does not agree with the policy of the Office of Vital Statistics in allowing assistant funeral directors to sign death certificates. If necessary, the association will seek legislation that would require that only funeral directors sign death certificates–not assistant funeral directors.

Board member Bedene asked Ms. Scott how many death certificates are signed annually by assistant funeral directors, but that information is not available at this time.

The KFDA is in the process of arranging a meeting with Lorne A. Phillips, PhD., Director and State Register of the Office of Vital Statistics, Kansas Department of Health and Environment to discuss concerns regarding the signature under the heading of funeral director on the death certificate. If OVS is not willing to change the current procedure, then the association will seek legislation in this area.

Other than supporting the budgeting of the Funeral Assistance Program of the Kansas Department of Social and Rehabilitation Services, the issue of assistant funeral directors being allowed to sign death certificates and in the area of lack of funding in cases of indigent burials, the KFDA does not have plans for any additional legislation at this time. It is not anticipated that legislation in the area of funeral processions will be pursued.

(C. Smith-Bedene) To approve Mr. Boomhower to represent the KSBMA on the KFDA Task Force if he is invited. Carried.

Ms. Scott asked Mr. Smith to serve on a panel of State Boards to be represented at the 2005 Tri-State Convention discussing several issues including reciprocity.

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 July 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, October 6, 2004 to discuss all open complaints. Investigative Committee recommendations are included with the individual complaints.

#04-01–After discussing concerns of the consumer: (Bedene-C. Smith) To close the file. Carried. The complaint involved the transfer of two prefinanced funeral agreements from one funeral home to another. Both parties have been appropriately notified. At the July 1, 2004 meeting, the board adopted the recommendations of the Investigative Committee of no possible violations of laws regulated by the board.

#04-13–(Bedene-C. Smith) To close the file. Carried. The complaint involved the purchase of a casket via a prefinanced funeral agreement funded with an insurance policy. Both parties have been appropriately notified. At the July 1, 2004 meeting, the board adopted the recommendations of the Investigative Committee of no possible violations of laws regulated by the board.

#04-16–(C. Smith-Bedene) To close the file. Carried. The funeral director has been notified that better documentation of the property in question and better judgment would have avoided this situation from occurring. The board advised the funeral director that it appears the funeral home’s policy regarding procedures documenting property needs to be reviewed. The complaint involved a dispute concerning jewelry.

#04-17–(Bedene-C. Smith) To close the file. Carried. The board notified the funeral home that better communication could have possibly avoided this situation from occurring. The complaint involved prefinanced funeral solicitation by a funeral home using names from a bookmark sales program.

#04-18–(C. Smith-Bedene) To add the volunteer surrendering of this individual’s embalmer and funeral director licenses based on the conviction of six counts of felony theft and four counts of misdemeanor theft dealing with at-need funeral funds to the agency’s web site under the heading of Board Actions. Carried. The board will not take action against the crematory license once an application indicating a different crematory operator in charge and a $10 duplicate license fee has been filed with the board.

#04-19–(C. Smith-Bedene) To close the file. Carried. The complaint involved concerns regarding the prefinanced selling of the opening and closing of a grave financed via an insurance product. Both parties have been appropriately notified. At the July 1, 2004 meeting, the board adopted the recommendations of the Investigative Committee of no possible violations of laws regulated by the board.

#04-28–(Bedene-C. Smith) To close the file. Carried. The funeral director was notified that had he exercised more diligence, this situation would have avoided the unnecessary hardship caused to the family. The complaint involved 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. The claim has been filed with remaining money provided to the family along with the funeral home paying the family for unnecessary costs associated with failure to file the claim in a timely manner.

#04-29, #04-30 and #04-31–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appear to exist. Carried. The funeral director will be 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–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appear to exist. Carried. Both parties will be notified accordingly. This complaint involves an obscene gesture made by a funeral home employee toward an individual driving a hearse for a competing funeral home.

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

#04-34–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee and close the file. Carried. A consumer had questions regarding a prefinanced funeral agreement. These questions have been answered to the satisfaction of the consumer.

#04-35–(C. Smith-Bedene) To adopt the recommendations of the Investigative Committee and close the file. Carried. A consumer had questions regarding a prefinanced funeral agreement. These questions have been answered to the satisfaction of the consumer.

#04-36–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appear to exist. Carried. Both parties will be notified accordingly. The complaint involves 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.

#04-37–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appear to exist. Carried. Both parties will be notified accordingly. The complaint involves services and the timing of services provided by the funeral home.

#04-38–The license renewal of this individual will be considered by the board later in this meeting.

#04-39–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee and close the file. Carried. A consumer had questions regarding a funeral bill that have since been answered by the funeral director.

#04-40–(Bedene-C. Smith) To adopt the recommendations of the Investigative Committee that no possible violations of laws regulated by the board appear to exist. Carried. The funeral director will be notified that better communication may have avoided this situation from occurring. The complaint involves disorganization and the manner of 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–No action necessary at this time.

VI. Complaints and Legal Concerns

The board reviewed a Shawnee County District Court Division One case where an applicant for licensure with the Kansas Racing Commission was denied an application for licensure and prohibited from reapplying for five months. The applicant appealed the Racing Commission’s decision to the district court, where the judge ruled that the Racing Commission erred in restricting the right of the applicant to not be able to reapply for five months–based on the governing statute (K.S.A. 74-8810) which did not give the Racing Commission the right to impose such a restriction.

The board reviewed a copy of the Tenth Circuit of the United States Court of Appeals that ruled in favor of the Oklahoma State Funeral Board in requiring that only licensed funeral directors can sell caskets in the state of Oklahoma.

VIl. Board Interviews with Applicants for Licensure:

Funeral Director Applicant: Ms. Mende J. Barnett

(Bedene-C. Smith) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $34.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Barnett is scheduled to complete her apprenticeship on October 20, 2004 at Kevin Brennan Family Funeral Home in Topeka, Kansas. Once issued, the renewal date for the license would be February 28, 2006. Ms. Barnett attended Allen County Community College in Iola, Kansas and earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. Ms. Barnett will begin serving her embalming apprenticeship in January 2005.

Embalmer Applicant: Mr. Donald L. Birney

(Bedene-C. Smith) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $102.00. Carried. Mr. Birney is scheduled to complete his embalmer apprenticeship at Swisher-Taylor and Morris Funeral Home in Winfield, Kansas on October 21, 2004. Once issued, the renewal date for the embalmer license would be February 28, 2006. Mr. Birney was granted a Kansas funeral director license on January 28, 2002. He earned an Associate in Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He earned a Bachelor of Science Degree in Journalism at the University of Kansas in Lawrence, Kansas, and he also attended Southeastern College in Winfield, Kansas and Cowley County Community College in Arkansas City, Kansas.

Embalmer-Funeral Director Applicant: Mr. Ricky L. Brock

(Bedene-C. Smith) 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 a $34.00 initial license fee and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Brock is scheduled to complete his apprenticeships on October 27, 2004 at Timmons Funeral Home in Fredonia, Kansas. Once issued, the renewal date for the licenses would be February 28, 2006. Mr. Brock earned an Associate of Applied Science degree in Mortuary Science at Arapahoe Community College in Littleton, Colorado and also attended Independence Community College in Independence, Kansas and Labette Community College in Parsons, Kansas.

Funeral Director Applicant: Mr. James T. Jones, Jr.

(Bedene-C. Smith) To grant a funeral director license upon completion of apprenticeship, payment of an initial license fee of $48.00 and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Jones is scheduled to complete a funeral directing apprenticeship on October 20, 2004 at Vann Funeral Service in Wichita, Kansas. Once issued, the renewal date for the license would be October 31, 2006. Mr. Jones earned an Associate of Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas and attended Butler County Community College in El Dorado, Kansas.

Embalmer-Funeral Director Applicant: Ms. Jessica L. Mundt

(C. Smith-Bedene) To grant an embalmer license upon completion of apprenticeship and payment of an initial license fee of $24.00 and to grant a funeral director license upon completion of apprenticeship, payment of an $8.00 initial license fee and passing the written Kansas funeral director examination, which will be administered later today. Carried. Ms. Mundt is scheduled to complete her apprenticeships on October 27, 2004 at Amos Family Funeral Home in Shawnee, Kansas. Once issued, the renewal date for the licenses would be January 31, 2005. Ms. Mundt earned an Associate of Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas and also attended Doane College in Crete, Nebraska.

Embalmer-Funeral Director Applicant: Mr. Neil M. Shanberg

(Bedene-C. Smith) To grant a funeral director license upon payment of a $20.00 initial license fee and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Shanberg completed his funeral directing apprenticeship at Rumsey-Yost Funeral Home in Lawrence, Kansas. Once issued, the renewal date for the licenses would be July 31, 2005. Mr. Shanberg earned an Associate of Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas and also attended the University of Missouri at Kansas City in Kansas City, Missouri, Indiana University in Bloomington, Indiana, University of Minnesota in Minneapolis, Minnesota where he earned a Bachelor of Arts degree in Broadcast Journalism.

(Bedene-C. Smith) To extend Mr. Shanberg’s embalming apprenticeship for three months. Carried. Mr. Shanberg will be required to embalm six bodies and to submit individual embalming reports during the three-month period and will embalm one body in the presence of a designated administrative staff member of the board prior to his meeting with the board in Topeka on January 6, 2005.

He will begin employment on Friday, October 8, 2004, at Louis Memorial Chapel in Kansas City, Missouri. His last day at Rumsey-Yost Funeral Home in Lawrence, Kansas was Wednesday, October 6, 2004. In the future he will be applying for reciprocal licensure in the state of Missouri.

Funeral Director Applicant: Mr. Charles K. Watson

(Bedene-C. Smith) To grant a funeral director license upon completion of apprenticeship, payment of a $28.00 initial license fee and passing the written Kansas funeral director examination, which will be administered later today. Carried. Mr. Watson is scheduled to complete a funeral directing apprenticeship at DW Newcomer’s Sons Johnson County Funeral Chapel of Overland Park in Overland Park, Kansas on October 9, 2004. Once issued, the renewal date for the license would be November 30, 2005. Mr. Watson earned an Associate of Applied Science degree in Mortuary Science at Kansas City Kansas Community College in Kansas City, Kansas. He also attended Moberly Area Community College in Moberly, Missouri.

Funeral Director Applicant: Ms. Sarah E. Zimmer

(C. Smith-Bedene) To grant a funeral director license upon payment of an initial license fee of $30.00 and passing of the written funeral director examination, which will be administered later today. Carried. Ms. Zimmer completed her apprenticeship at Harrison-Deneke Funeral Home in Beloit, Kansas. Once issued, the renewal date for the license would be December 31, 2005. Ms. Zimmer attended Colby Community College in Colby, Kansas and earned a Bachelor of Science degree in Sociology at McPherson College in McPherson, Kansas.

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.

Embalmer-Funeral Director Renewal Applicant: Mr. Robert P. Hoover

Mr. Hoover met with board in person to discuss his embalmer and funeral director license renewals.

(C. Smith-Bedene) To renew the embalmer and funeral director licenses of Mr. Hoover for a two-year renewal period providing there are no other convictions relating to drugs or alcohol. Carried.

Assistant Funeral Director Applicant: Mr. Willie A. “Bill” Schonacher, Jr.

(Bedene-C. Smith) For the applicant to provide the two charging documents and a letter from the funeral home explaining why they want Mr. Schonacher to apply for an assistant funeral director license as well as a letter verifying that the funeral home is aware of his felony convictions by no later than December 15, 2004. Carried. Mr. Schonacher will meet with the board at the January 6, 2005 meeting for reconsideration of the application.

The board directed the executive secretary to write the funeral home as to the funeral home’s understanding of Mr. Schonacher’s prior criminal history–asking them to explain what the funeral home knows about his criminal past. Carried.

Vlll. Board Business:

1) (Bedene-C. Smith) 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-C. Smith) 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 first quarter (July 1-September 30, 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 31 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)    2005 Future Board meeting dates: January 6, 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 and licenses.

9)    Board Actions–The board policy of placing all board actions since January 1, 2003 was reviewed and discussed.

10)    A Corporate Listing of Kansas funeral home ownership was updated.

11)    Press Releases and newspaper articles regarding officers of the board was provided.

12)    A letter regarding the satisfaction survey evaluating the lawyers providing legal services to the board from the Kansas Attorney General’s Office was reviewed.

13)    A copy of the agency’s updated rule book as of July 1, 2004 was distributed to those in attendance.

14)    An updated board roster was distributed.

15)    Information regarding the Estate Recovery Unit (ERU) of the Kansas Department of Social and     Rehabilitation Services was discussed.

16)    Information regarding the Kansas Department of Revenue and legislation concerning licensees with past due taxes was discussed.

lX. Executive Secretary's Report:

1)    Budget Update: The KSBMA FY 2004 (July 1, 2003 through June 30, 2004) budget expenditures totaled $200,298. The FY 2005 budget request is $247,971. The FY 2006 budget request is $240,445, and the FY 2007 budget request is $255,852 (which includes an enhancement package for a new car costing $10,577.) The agency came in $21,293.95 under budget in FY 2004. $10,646.97 of that savings was placed in the agency’s Kansas Savings Incentive Program (KSIP) for use in FY 2005. Based on revenues and transfers totaling $18,552 from the agency’s fee funds to the state general fund, it will be necessary to increase license fees as of January 1, 2006. The board reviewed the agency’s budget request and will have to hold a public hearing in conjunction with the October 2005 board meeting to have fees in place by January 1, 2006.

2)    Updated information regarding the International Conference of Funeral Service Examining Boards (ICFSEB)–Information from volume 15, issue one of the Conference Report was reviewed.

3)    Updated information on the Council on Licensure, Enforcement and Regulation (CLEAR)–Mr. Smith remains the current past president of this group and represented the KSBMA at their Annual Meeting held last week in Kansas City, Missouri.

4)    Updated information regarding the Federation of Associations of Regulatory Boards (FARB)–Although Mr. Smith was approved to represent the board at the Attorney Certification Meeting to be held later this month, he will not be attending in order to save costs to the agency.

5)    Updated information on the Kansas Funeral Directors and Embalmers Association (KFDA)–Information was previously provided by KFDA Executive Director Pam Scott. Mr. Smith provided information from the KFDA’s Legislative Committee and Fall District Meetings that he attended on behalf of the KSBMA.

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 July 1, 2004 meeting include the Notice of Hearing, economic impact statements and copies of the regulations that were heard at a public hearing earlier in this meeting. Also added is a section titled Board Actions against licensees that contains a list of all board actions since January 1, 2003. The board also previewed a new section that will be added to the web site that will provide a roster of where closed funeral homes records can be located.

7)    The board discussed information from the National Funeral Directors Association (NFDA) including continuing education programs approved for the upcoming national convention.

8)    The board briefly discussed the Federal Trade Commission’s (FTC) Funeral Rule. Although federal legislation has been introduced to codify the rule, it has yet to move forward for a vote.

9)    The board briefly discussed activities of the American Board of Funeral Service Education (ABFSE)–There are three schools that are currently applicants for candidacy status. Those schools are located in East Chicago, Indiana, Shreveport, Louisiana and Toronto, Ontario.

10)    The Cremation Society of North America (CANA)–CANA’s Code of Cremation Practice was reviewed by the board.

11)    Funeral Service Ethics Association–No updates at this time.

12)    Funeral Consumer Alliance–An email from Gere B. Fulton, Ph.D., J.D. to Mr. Smith was reviewed as was their Summer 2004 Newsletter.

13)    KPERS death benefit and funeral home designation–Information published in the July 2004 KFDA Journal was discussed and reviewed.

14)    An article on Creudtzfeldt-Jacob Disease and Mad Cow Update that appeared in the Feb./March/April edition of the Cremationist was discussed.

Respectfully submitted:

Mack Smith, Executive Secretary
January 6, 2005

Barry W. Bedene, Board Member/Past President
January 6, 2005