Last updated: Friday,
November 20, 2009
Updated 11-20-2009 My
Two Cents Worth is a column from the Desk of KSBMA Executive
Secretary Mack Smith.
Updated
11-20-2009 The
filing deadline for the January 14,
2010
board meeting is December
15,
2009.
All applications, fees, paperwork . . . must be filed with
the
board's Topeka office by no later than December 15, 2009 in order to
be placed on the agenda for the January 14, 2010 board
meeting.
Updated 11-20-2009
Federal
Trade Commission (FTC) Information--
Information
regarding Facts for Consumers,
Funerals a Consumer Guide is located at: http://www.ftc.gov/bcp/conline/pubs/services/funeral.shtm
Information regarding Facts for
Business, Complying With the Funeral Rule is located at: http://www.ftc.gov/bcp/conline/pubs/buspubs/funeral.htm
Staff Opinions:
The
Federal Trade Commission (FTC) has made available online its
numerous staff
advisory opinions regarding interpretations of the
Funeral Rule. The opinions date back to 1994 and include the most
recent opinions--which are summarized in a listing with links to view
and the ability to download the full text of the letters. Topics
include a wide range of subjects, including the use of computerized
displays of casket prices, charging a fee for refrigeration of bodies,
not being able to charge consumers extra for
storing a casket that the consumer bought from outside the funeral
home, not being able to charge an extra to dispose of the packaging
material from the
outside casket . . . If
you do
not already have Adobe Acrobat Reader
already installed on your
computer, please visit their site to download it--as the following
opinions are in pdf format:
Staff
Advisory #09-1
Discusses whether funeral providers may offer discount packages
conditioned on the purchase of a casket , and whether such packages may
discount the basic services fee. Written: February 17, 2009
Staff
Advisory #09-2
Confirms that funeral providers must provide accurate price information
by telephone to anyone who inquires about offerings or prices,
including a business that will use the information for their own
profit. Written: March 18, 2009.
Staff
Advisory #09-3 Clarifies that Opinion 09-1 is limited to the
issues discussed in that opinion.
Staff
Advisory #09-4 Discusses the circumstances under which
funeral providers should include the overhead cost of the use of a
vehicle to obtain death certificates and permits in their basic
services fee.
Staff
Advisory #09-5 Confirms that cemeteries generally are not
covered by the Funeral Rule unless they offer both funeral services and
funeral goods.
FTC Funeral Rule Review:
By
a vote of 5-0, the Federal
Trade Commission (FTC) has approved the publication of the
Federal Register notice closing the regulatory review of the Trade
Regulation Review on Funeral Industry Practices (the Funeral Rule) and retaining the
Rule in its current form. For further information, please select
the following link: FTC Federal
Register Notice on Funeral Rule
UPDATED
11-20-2009 2009
Assistant Funeral Director (AFD) Examination Filing Deadlines and
Examination Dates:
Filing
Deadlines
Examination Dates
(All Wednesdays unless
otherwise listed)
| November
16, 2009 |
December
2, 2009 |
| December
15, 2009 |
January
6, 2010 |
| January
15, 2010 |
February
3, 2010 |
| February
16, 2010 |
March
3, 2010 |
| March
15, 2010 |
Tuesday,
April 6, 2010 |
| April
15, 2010 |
May
5, 2010 |
| May
17, 2010 |
Tuesday, June 1, 2010
|
| June15,
2010 |
Tuesday, July 6, 2010 |
| July
15, 2010 |
August
4, 2010 |
| August
16, 2010 |
September
1, 2010 |
| September
15, 2010 |
October
6, 2010 |
| October
15, 2010 |
November
3, 2010 |
November
15, 2010
|
December
1, 2010 |
All examinations will be
administered at the KSBMA office in Topeka at 1:30 p.m. on the dates
indicated unless otherwise indicated.
Please note that applications and fees ($200--$150 application fee, $50
examination fee) must be filed with the KSBMA office BY
the filing deadline in order to be eligible to be administered the
examination the next month. AFD applicants who are serving a
funeral director apprenticeship and submit an apprenticeship
application with the AFD application will not be administered the AFD
examination--as they will be administered the funeral director
examination upon completion of apprenticeship. Please feel free
to
contact our office if you have any questions or if we can be of
assistance.
Additional
information regarding the assistant funeral director license:
Assistant
Funeral Director Application
Assistant
Funeral Director Examination Application
Assistant
Funeral Director Examination Information
Assistant
Funeral Director Licensure Information (information for
applicants and supervising funeral directors)
NOTE: Three
of the above are pdf documents. If you do not already have Adobe
Acrobat Reader already installed on your computer, please visit
their site to download it.
Information from the
Centers for Disease Control and Prevention (CDC) regarding
Creutzfeldt-Jacob Disease (CJD)
as it relates to funeral homes, cemeteries and crematory
practitioners: That link is: Information
on CJD relating to the funeral profession.
National Prearranged Services, Inc.,
Lincoln Memorial Life and Memorial Service Life Insurance Companies
update. The Friday, August 7, 2009 edition of STL.com has posted a story: Funeral
homes' CFO arrested for fraud. The August 6, 2009 edition of
the Business Wire has posted a story: Reilly
Pozner LLP Files Suit: $600 Million National Pre-Need Burial
Insurance Fraud. The 130-page complaint can be viewed (in Adobe Reader/pdf
format) at: complaint.
Information
from the Pennsylvania
Funeral
Directors Association regarding 'Known Shipper'
compliance changes by the Transportation
Security Administration
(TSA) that went into effect on
August
1, 2009.
Any funeral establishment that ships human remains by air in the United
States will not be allowed to ship after August 1, 2009 if it has not
registered as a "Known Shipper." Registration can be made with
each
airline and shippers must register with each and every airline that may
be used in the future. Registering with a specific airline does
not
require you to use that particular airline--but each airline has their
own registration format and fees. The National Funeral Directors
Association (NFDA) resource
site has information and you can also visit the TSA web sites for Shippers
and Inquiries and their Known
Shipper Database.
During
the Omnibus Session,
the Kansas Legislature swept of $52,558 from the Kansas
State Board of Mortuary Arts (KSBMA) fee fund and Kansas Savings
Incentive Program (KSIP) fund to the State General Fund (SGF) in Senate
Substitute for House BIll 2373. The bill is hard to read, but
page seven/section 12 addresses the transfer of KSIP funds of
$29,834. Page 40, section 47 addresses
the transfer of KSBMA fee funds in current fiscal year (FY) 2009 (July
1, 2008--June 30, 2009) of $5,554 and $8,298 and in FY 2010 (July 1,
2009--June
30, 2010) of $8,872. The bill passed the Senate by a vote of
21-17 as can be viewed in the Senate
Journal of May 5, 2009 on page 812. A motion that would have
denied the sweeping of fee funds was rejected by the Senate and can be
viewed starting on page 811 of that same journal. Two days later,
the House concurred with the Senate by a vote of 64-60, which can be
viewed on page 713 of the House
Journal on May 7, 2009. These links require Adobe Acrobat Reader
in order to view. The KSBMA wrote Governor Parkinson
and requested a line item veto of these fee sweeps. With the
current
economic situation, the KSBMA wants to be a team player with all budget
cuts. The objection is to the sweeping of special revenue fee
funds to the state's general fund to pay for other state
expenses. Attorney
General Opinion 2002-45 addresses this issue. The Governor
approved this bill on May 22, 2009. The KSBMA funds previously
mentioned were swept to the SGF. These sweeps were in addition to
cuts of an additional $3,947 in FY 2009, $6,146 in FY 2010 and $24,382
which were made from original agency requests totaling $76,940 over
three fiscal years. $24,382 of these funds will remain in the
agency's fee fund for future use--as approved by the Legislature and
Governor. Increases for FY 2011 can be requested in the upcoming
legislative session as agency budgets for FY 2010 and FY 2011 are
identical as they currently stand.
A
very nice photograph and article on page B-1
of the Sunday, June 7, 2009, Topeka
Capital-Journal newspaper, titled: "The Irish Fight Back" regarding the
Chapman, Kansas tornado of June 11, 2008 and the rebuilding of the
funeral home/town of Chapman featuring Kay and Jon Londeen. The
web site article can be found here.
There is a good
article
"Regulatory Compliance in Funeral Service Settings" written by Richard
L. Best on pages 32-37 in the May 2009 edition of The Director magazine that provides
information on OSHA Standards within
funeral homes.
The KSBMA Wrap
Up Summary from the 2009
Kansas Legislature
The
2009-2010 Kansas
Legislature
convened on Monday, January 12, 2009 and adjourned following Sine Die
on Thursday, June 4, 2009. The Legislative Session is
for two years, 2009 and 2010. Some bills
effecting
funeral service, the KSBMA or related entities, include:
Senate Bill 87
A bill that would make changes to the Kansas Administrative Procedure
Act (KAPA) involving disclosure of certain records, administrative
procedure and judicial review. How licensure agencies, such as
the KSBMA, prosecute cases. The bill was amended and passed the
Senate, 39-1. The House Judiciary Committee amended the bill,
and it passed the House as amended, 125-0. On 3/25/09 the bill
went to conference committee. 4/1/09 the House adopted the
Conference Committee Report, 124-0. 4/2/09-The Senate adopted the
conference committee report, 39-0. The bill was approved by
Governor
Sebelius on April 20, 2009 and will become law upon publication in the
statute book, July 1, 2009.
Senate Bill 320
A bill that would make changes to the Funeral Assistance Program (FAP)
of the Kansas Department of Social and Rehabilitation Services
(SRS)--decreasing the maximum amount from $680 to $545 per case.
That amount along with related information is currently defined in KAR 30-4-98.
The bill was referred to the Senate Ways and Means Committee.
House Bill 2109
A bill that would enact the Kansas Uniform Health Care
Decisions Act and amend KSA 65-1734
involving the durable power of attorney for health care
decisions. The bill was referred to the House Judiciary Committee.
House Bill 2201
A bill concerning conditions on professional licenses if delinquent in
child support. The bill was amended and passed the House, 114-5,
and passed the Senate, 40-0-and was approved by the
Governor on 4/6/09 and will become law upon publication in the Kansas
Register.
House Bill 2332
A bill concerning crimes, punishment and criminal prosecution,
including KSA 16-305 and KSA 21-4111. The House Corrections and
Juvenile Justice Committee held a hearing on February 25-26, 2009,
amended the bill and recommended passage of the bill as amended.
The
SRS Funeral
Assistance
Program (FAP)
Effective July 1, 2009, SRS
will decrease the maximum benefit
paid from $680.00 to $550.00. During the Omnibus/Veto Session, the
legislature cut an additional 2.7% from state budgets. SRS
indicated that they will have to seek supplemental funding in the 2010
legislative session to have enough money to fund the program for FY
2010 which runs July 1, 2009 until June 30, 2010 due to budget cuts
amounting to $290,000.
Some of the
above
files are pdf documents. If you do not already have Adobe Acrobat Reader
already installed on your
computer, please visit their site to download it.
To see the full text of
the
bills, simply click on the bill numbers provided above. To view
the legislative history of any bill, please select Kansas
Legislature and go down to the bottom right side of the Legislative
website and enter the bill number under Track a Bill.
Some previous legislation affecting the KSBMA can be found on the Legislative
Page of this website.
Statistics
from the International Conference of
Funeral Service
Examining Boards (ICFSEB)
for the NBE
(National Board Examination)
for the time frame of January 1,
2008--December 31,
2008 as provided by the ICFSEB, are as follows:
<>
Arts (NBA): Total
Tested Pass # Pass %
Fail # Fail % Absent
# Absent % Total Number
First Time 1,442
1,163
80.3%
259
17.9%
26
1.8%
1,448
Repeater
324
123
36.2%
201
59.1%
16
4.7%
340
Total
1,746
1,186
71.9%
460
25.7%
42
2.3%
1,788
Science (NBS):
Total Tested Pass #
Pass % Fail # Fail
% Absent # Absent
% Total Number
First
Time 1,415
1,146 79.8%
269
18.7%
21
1.5%
1,436
Repeater
363
144
38.2%
219
58.1%
14
3.7%
377
Total
1,778
1,290 71.2%
488
26.9%
35
1.9%
1,813
2009 Price Increases:
Item
Previous
Price New Price
SBE Study Guide
$20.00
$30.00
NBE Study Guide
$26.00
$40.00
Practice National Board Examination Arts Section
$30.00
$45.00
Practice National Board Examination Science Section
$30.00
$45.00
The States of Alabama and Hawaii will be switching to computer based
testing (CBT) starting in January of 2009.
The International
Conference of
Funeral Service Examining Boards (ICFSEB), 1885 Shelby Lane,
Fayetteville, Arkansas 72704
In case you haven't
noticed, we've added a Search Engine to our web site on our main page.
See
page seven (7) of the Public Assistance Report of SRS
for some statistics on the FY 2008-09
Funeral Assistance Program.
The 2007
Annual Summary of Vital Statistics
is now available:
The 2007 Annual Summary of Vital Statistics can be found at 2007 Annual
Summary
of Vital Statistics
Some 2007 Kansas death data: 24,413 resident deaths--which is a
decrease
of 0.3% from 2006. The Kansas death rate was 8.8 deaths per
1,000 population. 333 infant deaths were recorded.
Information pertaining to: 2007 deaths
in the State of Kansas.
Our thanks to KDHE/OVS for providing this information.
Statistics from previous years (1998-2007) can be found at The Kansas Annual
Summary of Vital Statistics
The KDHE/OVS web site is located at Office of Vital Statistics
UPDATED
11-20-2009 Renewal Dates
for licensees of the
Kansas State Board of Mortuary Arts (KSBMA.)
"Frontline: The
Undertaking", the PBS Frontline
documentary on funeral service as seen through the eyes of Lynch and
Sons Funeral Directors out of Michigan has won a 2008
Emmy Award in the Outstanding Arts
and Culture Programming category. Winners were
announced on September 22, 2008. In case you missed the airing
of Frontline:
The Undertaking, just click on the link. It aired on October
30, 2007 on PBS. Simply click
on the first box to begin watching the show at no cost. A DVD of
the show can
be purchased from the PBS
Shop or through the NFDA.
You will need Adobe Acrobat
Flash Player 9 or better to view the program.
The November 2008 issue of Mortuary Management
contains an excellent article on pages 14-15 written by Ron Hast in his Just Conversation column
discussing: Care and Transfer
of the Deceased: Abbreviated Standards for response to first
calls and transfers from home or institutions (per request) taken from
the requirements of Abbott and Hast Company staff procedures.
Page
eight (8) of Postal
Bulletin 22242 (9-25-2008) contains information from Publication 52 Revision: New Option
for Mailing Cremated Human Remains. The United States
Postal Service (USPS) announced that it no longer requires a return
receipt and allows cremated remains to be shipped via registered
mail. Verification of the date and time of delivery for both
Registered Mail and Express Mail service is now available online or by
telephone--which has allowed the elimination of receipt service.
The third and fourth
sentence of 452.2 have been revised to
state: " . . . Mail pieces sent to domestic addresses may be sent
via Express Mail or Registered Mail service. Mail pieces sent to
an International address must be sent via Registered Mail service, and
the country listing in the IMN must show that cremated remains are
permitted and Registered Mail service must be available for that
country . . ." Those revisions will be incorporated into the next
Publication 52 available via Postal
Explorer. This
information comes from Mailing
Standards Pricing, 9-25-08.
KPERS Death
Benefit
Information This is the
updated version of informational page provided by the Kansas Public Employees Retirement System
(KPERS.) NOTE: This is a pdf document.
If you do not already have Adobe Acrobat Reader
already installed on your computer, please visit their site to download
it. This flyer first came out in November of 2007 and was updated
in May 2008.
Updated information should you need to
contact the Estate Recovery Unit
of the Kansas Health Policy Authority. They have contracted out
work involving estate recovery to a private contractor:
Health Management Systems (HMS). Funeral home inquiries to HMS
should be directed to 1-800-817-8617 or 785-380-4331. Faxes can
be sent to 785-215-6629 and can be directed to Ms. Angela
Fernandez. Apparently the fax number also rolls over to email.
If you are unable to reach HMS, then inquiries can be made to:
Darlene Murray, Estate Recovery Unit/Legal, Kansas Health Policy
Authority (KHPA), PO Box 2428, Topeka, Kansas 66601, telephone:
(785) 296-0532, fax: (785) 296-8825, email: darlene.murray@khpa.ks.gov
Please contact HMS first BEFORE contacting the KHPA.
A new/updated KSBMA rule
book is now available on this web
site. This updated version of the rule book contains all laws as
of July
1, 2008. Some of the
above files are in pdf format. If you do not have Adobe Acrobat Reader
already installed on your computer, please visit their site to download
it.
"Race and
Ancestry Reporting, Revised Death
Certificate, 2005-2006, Kansas." Based on an article that
appeared on page four of the May
2008 Kansas Health Statistics Report, the Office of Health Assessment has
issued a report exploring the impacts of new race and ancestry
reporting on the Kansas death certificate implemented in 2005.
The report evaluates the possible extent of under-reporting of race on
Kansas death certificates, uses two alternated methods for categorizing
race, and compares the effect of the resulting age-adjusted mortality
rates on health disparity in Kansas. A link to all research
summaries from the Center can be found at:: http://www.kdheks.gov/ches/research.html.
Select the Race
and Ancestry
Reporting, Revised Death Certificate, 2005 - 2006, Kansas link for a copy of the report which is in
pdf/Adobe Acrobat Reader format. If you do not already have
Adobe
Acrobat Reader already installed on your computer, please visit
their site to download it.
Robin Wolfe, Registration Chief, Office of
Vital Statistics, has received some encouraging
preliminary statistics from the National Center for Health Statistics
(Feds) on Kansas 2007 death data. Preliminary numbers for the Time of Death issue on death
certificates has shown a dramatic drop, from 48.89% to 26.92%!
Potentially, at the current rate of collecting/reporting the Time of Death, Kansas would be in
the 5-6% range at the end of 2008. Robin sends her appreciation
and hopes Kansas funeral homes will keep up the good work!
The February 2008 edition of The Director magazine of the
National Funeral Directors Association (NFDA) has a very good article,
titled "Every Embalmer's Nightmare"
that is (in my opinion) a must read for all embalmers. The
article is written by Scott Gilligan, NFDA General Council and includes
an example of an Embalming
Authorization form. The article includes some good
information, including the importance of the use of documentation in
the embalming process in the form of embalming reports.
NFDA members can access a sample embalming report on the NFDA's FaxBack
system.
The regulation governing the Kansas
Department of Social and Rehabilitation Services (SRS) Funeral
Assistance
Program was amended effective January 1, 2008. These are the same
changes that went into effect July 1, 2007--with no changes. KAR 30-4-98
Effective
July 1, 2009, SRS has decreased the maximum benefit
paid from $680.00 to $550.00
KPERS Death Benefit Information
The Kansas Public Employees Retirement System (KPERS) is in the
process of providing an information page regarding the $4,000 lump sum
death benefit that can be used to pay for funeral expenses. For
more information, please check the KPERS web site:
http://www.kpers.org/deathretired.htm
Veterans'
Funeral & Burial Benefits--Information is available at the
web site of the Funeral Consumers Alliance (FCA): http://www.funerals.org/faq/vet.htm
Cross
Connection and Backflow Prevention
Information
The issue of cross connection and
backflow prevention came up recently when a Kansas funeral home
was required to make some plumbing adjustments in their
embalming/preparation room after being inspected by a representative
from the Kansas Department of Health and Environment (KDHE), Division
of Environmental Field Services. While the KDHE does not have
specific regulations or statutes which pertain to protection of the
public water supply from backflow/backsiphonage from a funeral home,
Kansas does have broad regulations and statutes concerning the
protection of public water supply, including:
KAR 28-15-18. See section
(f).
To access all Kansas regulations, please select: Kansas
Regulations and type in the regulation number (example:
28-15-18, then scroll down to section (f).)
KSA 65-163a, KSA 65-171g
To access all Kansas statutes, please select: Kansas
Statutes and type in the statute number (example:
65-171g)
Additional information can be found under the KDHE's Bureau of Water
and Engineering
and Permits Unit where you will find information on the KDHE's minimum design
standards entitled "Policies, General
Considerations, and Design Requirements for Public Water Supply Systems
in Kansas," 1995 edition.
Information
and related statutes pertaining to Unclaimed
Bodies can be found in an article written by Brian Vazquez
titled "Kansas
Dead Body Law." Brian is the Administrator of the Estate
Recovery Unit of the Division
of Health Policy and Finance (HPF.) The article was originally written
for internal use by SRS field staff. Thank you for sharing, Brian.
Newspaper Obituary
Costs
Funeral Homes--Please be sure
to let families know up front what newspapers are charging for
publishing obituaries. If possible, it would be nice to be able
to tell families up front/prior to publication what the cost to publish
an obituary will be. I received an email from an individual who
was informed, after the fact, of a charge for publishing a large
obituary that was much more expensive than they had imagined. If
the family would have known up front what the charge was going to be,
then they could have made a decision to either exclude some information
or perhaps not to have run the obituary at all. One Kansas
funeral home uses a computer generated form for preparing
obituaries. After struggling with the confusion of which
newspapers charge vs. those that do not charge, the funeral home added
the following in large font and bold letters for their families not
wanting to spend money for a newspaper obituary:
Please Publish This
Obituary In the Format In Which Your Newsletter Offers Free Of Charge!
If anyone has any other suggestions or methods currently being used
regarding the ability to inform families of newspaper obituary
costs, please let us know--so we can share with everyone. Thank
you for your assistance and willingness to contribute!
Information regarding
the Flag of the United States of America:
For information on the Flag of
the United States of America, you can view information at the web site
of the American Legion.
Their web site discusses the flag, the
flag code and folding
the flag. Additional information can also be found at the Flag.
A web site listing information for Kansas
newspapers can be found at USNPL.
The
Centers for Disease Control (CDC)
offers a useful Business Pandemic
Influenza Planning Checklist with some related materials at:
http://www.cdc.gov/business
To view two generic forms dealing
with KAR 63-7-2 and Crematory Recordkeeping, please
click here
.
Information
on the Willed
Body Program at the University of Kansas Medical Center regarding Bequeathing
A Body NOTE: (This is a pdf
document. If you do not already have Adobe Acrobat Reader
already installed on your computer, please visit their site to download
it.
The
current address for the Estate Recovery Unit is:
Estate
Recovery Unit (ERU)
Division
of Health Policy and Finance (HPF)
P.O. Box 2428
Topeka, Kansas 66601
The telephone number for estate
recovery inquiries is: (785) 296-3349
Fax: (785) 296-8017
Occupational Safety and Health
Administration (OSHA) Information
Kansas does not have a state OSHA
Approved Program Plan. The telephone number to the Federal OSHA
Regional Office (for Kansas) is: (816) 426-5861. For
information pertaining to OSHA, please click here for the U.S. Department of
Labor's OSHA web site. The OSHA Site
Index located at the top of their home page contains a lot of
information that could prove helpful to licensees. For a full
text of the Occupational Safety and Health Act, please click here.
For the National Funeral Directors Association's (NFDA) Summary Page,
please click here.
For
information pertaining to Licensees In the Military Service,
please select here.
Senate Bill 254, which was passed by the 2005 Kansas Legislature and
approved by Governor Sebelius, became law as of April 21, 2005 (the
date of publication in the Kansas
Register.) The bill addresses continuing education.
For a roster of all Kansas Funeral Homes and Crematories With
Refrigeration, click here.
The list contains all licensed
Kansas funeral homes and crematories with on-site refrigeration units,
their address and their maximum storing capacity. We continue to update this list, so please
let us know if you are aware of any changes, additions, deletions or
corrections needing to be made.
If
you are a licensee and you need to inform the Board of an address
change, there are two ways to do so:
1) To send us updated information via email, click on the
following link:
http://www.accesskansas.org/ksbma/changeofaddress.html
Simply complete the information and
click on the Submit Change of Address
button at the bottom of the form, or
2) If you wish to mail or fax us the information, click on the
following link:
http://www.accesskansas.org/ksbma/pdf/changeofaddress.pdf
Simply print off the information and
either mail or fax it to us.
This application is in .pdf/Adobe
Reader format.
For a list of where
records are being kept for closed funeral homes, please select Closed Funeral Home Record Search
will allow you to see where records
of funeral homes no longer in business have been transferred to.
If you are aware of any additions or corrections to this list, please
contact us at boma1@ksbma.ks.gov
so we can make the appropriate changes.