REGULAR BOARD MEETING

 

MINUTES

 

March 17, 2004

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on March 17, 2004, in the Board’s office located at 1033 Wade Avenue, Raleigh, North Carolina.

 

Present:  Alex Lee, President; Jack Briggs, Vice President; Jamie Boles, Secretary; Windell Daniels, George Parrott, Rudy Lea, Jerry W. Hawks, Nancy Rorie and Harvey Leavitt.

 

Also Present:  Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia Hayes, Dan Shackleford, Elliott Futrell, Bill Joyner, Jennifer Sharpe, Wayne Rouse, Charles McDarris, Brad Williams and Lyn Cochrane.

 

President Alex Lee called the meeting to order at 9:10 a.m.

 

Mr. Lee read the Board of Ethics statement, Governor Easley’s Executive Order #1.  No one recused themselves at this time.

 

Mr. Hawks gave the invocation.

 

At this time Mr. Lee convened the Public Hearing on the proposed rule changes to 21 NCAC 34.A0100 Board Functions and 21 NCAC 34C Crematories.  Mr. Lee introduced the Board members and identified the three public members.  No one offered comments regarding the rule changes.  Mr. Harris stated several letters had been received but they will be discussed under the Crematory Report.  Mr. Lee closed the Public Hearing.

 

Mr. Boles stated the minutes for the February 11, 2004 meeting had been previously mailed.  Mr. Hawks stated a correction had been made to the previously mailed minutes and were submitted in the Board book.  Since there were no further corrections to the minutes, Mr. Hawks made the motion to accept the minutes as presented and Mr. Parrott seconded.  The motion carried.

 

Clinics Committee:  Mr. Boles turned the report to Mr. Harris.  Mr. Harris stated that the April 13 seminar at The Village Inn Golf & Conference Center, Clemmons, North Carolina, would have the following speakers:  Ms. Arleen Vincenty, Director of Salisbury National Cemetery, Salisbury; Mike Hampton and Randy Greenwood, NC Division of Veteran’s Affairs; James Edwards, Brown-Wynne Funeral Homes; and himself.  Discussion ensued.

 

At this time Ms. Rorie came into the meeting.

 

Mr. Boles stated the McKimmon Center is reserved for the December seminar.  Mr. Hawks made the motion to accept the Clinics Committee report.  Mr. Parrott seconded and the motion carried.

 

Disciplinary:  At this time Mr. Boles and Mr. Hawks recused themselves and left the room.  Mr. Parrott presented the Disciplinary Committee report.  The cases were reviewed and discussion ensued.  Mr. Briggs made the motion to accept the recommendation for dismissal of Cases V01-061, V04-003, V04-004, V04-005, V04-007, V04-008, V04-009, V04-011, V04-015, and V04-106.  Mr. Daniels seconded and the motion carried.   Mr. Leavitt made the motion to accept the recommendation for letters of caution for Cases V03-070, V04-002, and V04-013.  Mr. Daniels seconded and the motion carried.  Mr. Leavitt made the motion to accept the recommendation for notices of hearing for Cases M03-023, V04-017 and V04-018.  Mr. Lea seconded and the motion carried.  Discussion regarding V03-043 ensued.  Ms. Rorie made the motion to accept the recommendation for Consent Order for V03-043.  Mr. Daniels seconded and the motion carried.  Mr. Briggs made the motion to accept the recommendation of M02-017(q) and Mr. Daniels seconded.  The motion carried.

 

Finance:  Mr. Daniels presented the finance report for February.  Mr. Parrott made the motion to accept the report and Mr. Lea seconded.  The motion carried.

 

Preneed:  Mr. Leavitt submitted the Preneed Report.  He stated the Preneed Committee had met to discuss the preneed rules, solvency issue and interest on the Recovery Fund.  They should have something to present at the next meeting.  Mr. Leavitt stated that the transfer of a preneed contract must be done in a timely manner.  He made the motion to set a limit of (30) days once a consumer has notified a funeral home in writing that the contract is being transferred to another funeral home.  Mr. Hawks seconded and the motion carried.  Mr. Harris stated this would now be policy for the Board.

 

Crematory Report:  Mr. Briggs reported the Crematory Authority had met March 5 and had made recommendations to name Travis Clements and Keith Green to replace the members Louis Bennett who had declined appointment and Jerry Hardister who had resigned.  Mr. Green had accepted and the Authority thought Mr. Clements would also when he returned from his vacation.  Mr. Briggs asked Mr. Harris to discuss the forms the Crematory Authority wanted changed.  Mr. Harris stated the form numbers would be changed to allow for ease in use.  Mr. Hawks made the motion to accept the Crematory Authority recommendations and January 1, 2005 for mandatory implementation of the renumbered forms.  Mr. Daniels seconded and the motion carried.

 

Attorney’s Report:  Mr. Dirksen reported that the status of cases pending was provided to the Board for their review and responded to questions.

 

Executive Director’s Report:  Mr. Harris stated he would like a Board policy on accepting names for individual practices of  funeral service.  Ms. Rorie made the motion that individuals applying for that license be known by name.  Mr. Hawks seconded.  Discussion ensued.  Mr. Lee called for the vote and the motion carried.

 

Mr. Harris introduced  Charles McDarris and Brad Williams with Holt, York, McDarris & High who will provide outside counsel to the Board when required.

 

Mr. Harris stated consent orders with late fees and penalties had been mailed to licensees and establishments for preneed and atneed.  A mailing had gone out to all licensees and establishments notifying them of the new address and new fees.  The required documentation had been submitted to State Archives to change the retention schedule for storing and destroying preneed certificates of performance.  The first Email newsletter was sent out.  The Board move had gone smoothly and there were no major problems.  The State of Virginia will be requiring continuing education from approved providers.  Mr. Harris will request that North Carolina programs be approved or a waiver be approved for North Carolina licensees serving in Virginia.

 

Mr. Harris stated the Board’s Open House/Reception for the new office will be on Sunday, May 16.  An invitation will be included in the April newsletter for licensees and a guest list was being prepared.

 

A new travel voucher for the inspectors is being implemented this month and inspector identification cards are being prepared by the Attorney General’s office.

 

Mr. Harris presented proposed wording to be added to the 2005 all renewal applications.

 

The next Board newsletter will be mailed out April 1, 2004.

 

The December CE clinic will be December 14th at McKimmon Center and the Board meeting will be December 15th.

 

At this time one of the two Boardroom doors was closed to reduce outside noise and one was left open.

 

New Business:  John T. Kennedy, Jr. was introduced to the Board and requested that his funeral service license be reinstated.  His embalmer license had been reinstated November 5, 2003.  Discussion ensued.  Mr. Briggs made the motion to reinstate Mr. Kennedy’s funeral service license and Ms. Rorie seconded.  Questions of Mr. Kennedy ensued.  Mr. Lee called for the vote.  Mr. Leavitt, Mr. Daniels, Mr. Lea, Mr. Briggs, Mr. Hawks, Mr. Parrott and Ms. Rorie voted for reinstatement.  Mr. Boles voted no.  Motion carried.

 

Evergreen Crematory in Salisbury had had a request from a local law enforcement agency to burn confiscated drugs and drug paraphernalia in their crematorium.  Discussion ensued.  Mr. Harris will call the crematory and let them know that the law does not provide for any other than a dead human body.

 

Jennifer Sharpe and Wayne Rouse with Rouse Mortuary appeared before the Board to request that the consent order and penalty they had been issued be waived.  Questions ensued.  Mr. Parrott made the motion to waive the consent order and penalty.  Discussion ensued.  Mr. Parrott withdrew his motion.  This request was denied by unanimous vote.

 

Mr. Hawks departed the meeting at 11:15 a.m.

 

The Board recessed at 11:15 a.m.

 

The North Carolina Board of Funeral Service reconvened for a duly scheduled Board Hearing on March 17, 2004, at 11:20 a.m. in the Board’s office located at 1033 Wade Avenue, Suite 108, Raleigh, North Carolina.

 

Present:  Alex Lee, Jack Briggs, Jamie Boles, Windell Daniels, George Parrott, Rudy Lea, Nancy Rorie and Harvey Leavitt.

 

Also Present:  Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Mireille P. Clough, attorney representing Gilmore Funeral Home; Jerry Gilmore and Monica Gilmore.

 

The Board conducted a hearing in the matter of NCBMS vs. Gilmore Funeral Home.  Ms. Clough offered a motion to continue.  Mr. Dirksen stated he had reviewed the evidence and would not oppose the motion to continue.  Discussion ensued.  Mr. Leavitt made the motion to grant continuance and Mr. Daniels seconded.  The motion carried.

 

The hearing was adjourned at 11:30 a.m.

 

The Board reconvened their meeting at 11:35 a.m.

 

Informational Items:  Mr. Harris submitted several articles for review and informational purposes only.

 

Mr. Lee opened the floor to receive public comment.  Dan Shackleford had questions regarding a proposal he had submitted in October and had received no response.  Mr. Harris stated it was on his desk for review and would be taken under advisement. 

 

There being no further business, the meeting was adjourned at 12:00 noon.

 

 

                                                                                                                                                           

                                                                                    Alex Lee, President

 

 

                                                                                                                                                           

                                                                                    Jamie Boles, Secretary