REGULAR BOARD MEETING
MINUTES
May 17, 2004
The North Carolina Board of Funeral Service met for a duly
scheduled Board Meeting on May 17, 2004, in the Board’s office located at 1033
Wade Avenue, Raleigh, North Carolina.
Present:
Also Present: Paul
Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia
Hayes, Bill Joyner, and
President
Mr. Briggs gave the invocation.
Mr. Lee read the Board of Ethics statement, Governor
Easley’s Executive Order #1. No one
recused themselves at this time.
Mr. Lee opened the floor to receive public comment and
there was none.
Mr. Lee welcomed new Board member, Jeanette Sherrod who had
been previously sworn in on April 14 in Union County by Nola H. McCollum, Clerk
of Superior Court.
Mr. Lee read a Resolution of Appreciation of Service for
former Board member Nancy Rorie who was unable to attend the meeting. Mr. Hawks made a motion to accept the
Resolution of Appreciation of Service and to include a copy with the May
minutes and send the original to Ms. Rorie.
Mr. Parrott seconded and the motion carried. Mr. Briggs stated his
personal appreciation to Ms. Rorie for her service to the Board.
Mr. Boles stated the minutes for the March 17, 2004 meeting
had been previously mailed. Mr. Lea made the motion to accept the minutes as
presented and Mr. Briggs seconded. The
motion carried.
Disciplinary: Mr. Parrott
presented the Disciplinary Committee report.
Mr. Briggs made the motion to remove M04-005 from consideration and
consider it alone. Mr. Hawks seconded
and the motion carried. At this time Mr.
Briggs recused himself from further consideration of the report and left the
room. Mr. Hawks made the motion to
accept as recommended by the Disciplinary Committee the Dismissals V03-069,
M03-021, V04-001, V04-010, V04-019, V04-021, V04-024, V04-030, and V04-031. Mr. Lea seconded and the motion carried. Mr. Hawks made the motion to accept as
recommended by the Disciplinary Committee the Letters of Caution V04-012,
V04-020, V04-023, M04-010 but not M04-005, which will be considered alone. Mr. Lea seconded and the motion carried. Mr. Parrott made the motion to accept the
Notices of Hearing as recommended by the Disciplinary Committee V04-014,
M04-009 and M04-011. Mr. Hawks seconded. Discussion ensued. Mr. Parrott withdrew his motion. Mr. Hawks made the motion to accept as
recommended the Notices of Hearing V04-014, M04-009 and M04-011. Mr. Lea seconded and the motion carried. Mr. Hawks made the motion to accept the
Consent Orders as recommended by the Disciplinary Committee M03-009 and
M03-014. Mr. Lee seconded and the motion
carried. Mr. Hawks made the motion to
accept the Disciplinary Committee’s recommendation for Other Matters M04-002
and M04-008. Mr. Lea seconded and the
motion carried. Mr. Briggs then returned
to the room and Case M04-005 was then brought up for discussion. Mr. Briggs made the motion to issue a Notice
of Hearing for M04-005. Mr. Hawks
seconded and the motion carried.
Finance: Mr. Harris
presented the finance report for Mr. Daniels for March and April 2004. Discussion and questions regarding the
Inspection Reports ensued. Mr. Parrott
made the motion to accept the report and Mr. Hawks seconded. The motion carried.
Preneed: Mr. Lea presented
the Preneed Report for Mr. Leavitt.
Questions ensued. Mr. Hawks made
the motion to accept the report. Mr.
Parrott seconded and the motion carried.
The Board recessed at 10:00 a.m. and reconvened at 10:30
a.m.
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 the Report to the General
Assembly regarding preneed activity had been resubmitted because of errors in
statistics that had been found after the original Report had been submitted.
Mr. Harris has responded by telephone to
Mr. Harris has researched Board shirts for the members and
staff and suggested that it be included in the 2005 budget.
Mr. Harris will be requesting an opinion from the Attorney
General and a tax attorney regarding the Board paying property tax.
A response from Virginia regarding the continuing education
issue will be submitted to the Board after their June 1, 2004 meeting.
Mr. Harris has been discussing health benefit alternatives
with the Board representative to lower costs.
The St. Louise International Conference of Funeral Service
Examining Boards annual convention report had been previously mailed.
Mr. Harris is working on new Board member handbooks and
should have them ready for the July meeting.
The next Preneed Review will be in Raleigh on June 22 from
9 a.m. until 12 noon. This review will
probably be in the Board’s offices.
There are also reviews planned for the western and eastern parts of the
state.
Mr. Harris thanked the Board’s staff for the Open House on
Sunday, May 16. He especially thanked
Ms.
Mr. Harris reviewed the potential schedule for proposed
changes to become permanent rule. The
Public Hearings can be held at the July 14 Board meeting for 21 NCAC 34B
Funeral Service and 21 NCAC 34D Preneed.
A copy of the Draft Crematory Manager Permit Application is
submitted.
The 2003 Board audit is schedule for May 25 – 28.
New Business: Mr. Harris reviewed the proposed rule changes for 21 NCAC 34B Funeral Service.0100 Resident Trainees. The last sentence in 21 NCAC 34B. 0103(c) was changed to read, “When a resident trainee assists in funeral service, funeral directing, embalming or any funeral planning off the funeral home premises, such activities shall be performed only in the presence of a licensed supervisor employed with the establishment with which the resident trainee is registered.” Mr. Briggs made the motion to accept as amended 21 NCAC 34B Section .0100 Resident Trainees. Mr. Hawks seconded and the motion carried.
Mr. Hawks made the motion to accept as submitted 21 NCAC 34B .0200 Examinations. Mr. Parrott seconded and the motion carried.
Mr. Hawks made the motion to accept as submitted 21 NCAC 34B .300 Licensing. Mr. Lee seconded. Discussion ensued. Mr. Lee called for the vote and the motion carried.
Mr. Parrott made the motion to
accept as submitted 21 NCAC 34B .0500 Out-of-State
Mr. Parrott made the motion to accept as submitted 21 NCAC 34B .0600 Funeral Establishments. Mr. Hawks seconded and the motion carried.
Mr. Parrott made the motion to accept as submitted 21 NCAC 34B .0400 Continuing Education. Mr. Lea seconded and the motion carried.
Mr. Hawks made the motion to accept as submitted 21 NCAC 34D Preneed Funeral Contracts General Provisions. Mr. Parrott seconded and the motion carried.
There was no other new business.
Old Business: Mr. Hawks made the motion that previously approved 21 NCAC 34A Board Functions .0100 General Provisions be sent to Rules Review. Mr. Parrott seconded and the motion carried.
Mr. Briggs made the motion that previously approved 21 NCAC 34C Crematories be sent to Rules Review. Mr. Hawks seconded and the motion carried.
Mr. Hawks made the motion to accept the Documents retention policy, Item 38011. Mr. Briggs seconded and the motion carried.
Informational Items: Mr. Harris
submitted several articles for review and informational purposes only.
Mr. Lee opened the floor to receive public comment. Ms. Hayes reminded the members about the NCFDA
conference at Myrtle Beach.
There being no further business, Mr. Lee adjourned the
meeting at 12:45 p.m. for lunch.
The North Carolina Board of Funeral Service reconvened for
a duly scheduled Board Hearing on May 17, 2004, at 1:00 p.m. in the Board’s office
located at 1033 Wade Avenue, Suite 108, Raleigh, North Carolina.
Members also present:
Jamie Boles, Jerry Hawks, Rudy Lea, and Jeanette Sherrod.
Also Present: Paul
Harris, Executive Director; Stephen N. Dirksen, General Counsel
The Board conducted a hearing in the matter of NCBMS vs.
Gilmore Funeral Home. Mr. Dirksen stated
the defendant had requested a continuance until the next Board meeting. Discussion ensued. Mr. Hawks made the motion to grant
continuance and Mr. Lea seconded. The
motion carried.
The hearing was adjourned at 1:00 p.m.
Jamie
Boles, Secretary