REGULAR BOARD MEETING
MINUTES
May 16, 2007
The North
Carolina Board of Funeral Service met for a duly scheduled Board Meeting at
9:00 a.m. on May 16, 2007 at the Board’s office,
Present: T. E. White,
President; Mark Blake, Vice President; Larry Andrews, Secretary; Rudy Lea,
William Manson, Frank McCree, Sr., Jack Briggs, Windell Daniels and George
Parrott.
Also
Present: Paul Harris, Executive
Director; Stephen N. Dirksen, General Counsel; Patricia Hayes with the N. C.
Funeral Directors Association, Fred Jordan with the NC Eye Bank, Harriet
Bartnick with NC Funeral Alliance, Sandra Pugh, Brett Lisenbee, Tanya Pearson
and Lyn Cochrane.
Mr. White called
for a moment of silence and meditation in memory of former Board member and
Board President Jimmy Swaringen who had died this past week and Fred Jordan’s
father.
Mr. White had
the invocation.
Mr. White called
the meeting to order at 9:06 a.m. and read the Ethics Awareness & Conflict
of Interest Reminder. No one recused
themselves at this time.
Mr. White opened
the meeting for public comment and there was none.
Mr. Harris
introduced Tanya Pearson who has been employed as a contract employee doing the
preneed data entry. Effective June 1 she
will joint the Board’s staff and in 2008 this position will be made full
time. Mr. Harris also introduced Brett
Lisenbee who has joined the staff as Inspector for the east. Mr. White welcomed both new staff
members. Mr. Blake asked the visitors to
introduce themselves—Ms. Bartnick, Mr. Jordan and Ms. Hayes did so.
Mr. Andrews
presented the April minutes to the Board as previously mailed. Mr. Briggs stated there was one correction on
3 under the Executive Director’s Report.
Paragraph 1, Line 2, the word one should be on. Mr. Briggs made the motion to accept the
minutes with the correction Mr. Daniels seconded and the motion carried.
Mr. Daniels
stated the March minutes had one paragraph that should be deleted. The February preneed report was included on
Page 1, last paragraph, in error. The
correction preneed report was on the top of the second page. Mr. Lea made the motion to delete the
incorrect paragraph and Mr. Parrott seconded and the motion carried.
Exam Committee: Mr. Blake stated in April 7 applicants took
laws and rules, 4 passed (3 were retakes). Three failed (one first time, 2
retakes). Three applicants took
pathology. All were retakes with 2
passing and 1 failure.
In May 11
applicants took laws and rules, 5 passed (9 first time, 2 retakes). Four failed (3 first time, 1 retake). Four applicants took pathology and all
failed.
Mr. Harris
stated he had spoken with Dalene Paul with the International Conference of
Funeral Service Examining Boards regarding the statistics he needs to review
regarding the pathology exam. A full
report will be given to the Board after this review. Discussion ensued.
Mr. Blake made
the motion to accept the report. Mr.
Parrott seconded and the motion carried.
Mr. White noted that since the chairman had made the motion, it did
not require a second.
Finance/Personnel Committee: Mr. Daniels presented the April
financials. Mr. Harris stated some of
the Wachovia funds had been re-invested for six month CD because of a better
interest rate. Mr. Harris also stated
contract services were higher since Ms. Pearson was being paid from that line
item but would be offset because funds were not being taken from the salary
line item. Mr. Daniels made the motion
to accept the report. Mr. White called
for the vote and the motion carried.
Mr. Daniels stated letters had been received from the
health carriers and there will be increases but Mr. Harris had allowed for this
in the budget. Discussion ensued. Mr. Parrott made the motion to allow the
inspectors a May gas stipend of $100.
Mr. Daniels seconded. Discussion
ensued. Mr. White called for the vote
and the motion carried.
Preneed
Committee: Mr. Andrews submitted the preneed report for
information only. Mr. Briggs made the
motion to accept and Mr. Lea seconded. The motion carried.
Disciplinary: Mr. Parrott
stated there was an addendum. Discussion
ensued. A motion was made to accept the
addendum as recommended by the Disciplinary Committee for M05-013 and
M07-001. Mr. White called for the vote
and the motion carried. Mr. Briggs made
the motion to accept the Disciplinary Report with the exception of V06-058 and
V07-015. Mr. Blake seconded and the
motion carried. Mr. Briggs made the
motion to issue a Letter of Caution with regards to V07-015. Mr. Blake seconded and the motion
carried. At this time Mr. Briggs recused
himself from V06-058 and left the room.
Mr. Blake made the motion to accept the recommendation of the
Disciplinary Committee with regards to V06-058.
Mr. Andrews seconded and the motion carried. Mr. Briggs did not vote on this matter and
returned to the meeting.
Mr. Harris stated he needed to consult with the General Counsel. Mr. White called for a five-minute recess.
The meeting reconvened at 10:00 am.
Laws, Rules and Legislation: Mr. Briggs
yielded the floor to Mr. Harris. Mr.
Harris stated the recusal of Mr. Briggs from V06-058 was not related to a
complaint against Mr. Briggs or his firm but was because Mr. Briggs was
familiar with the complaint.
Mr. White stated he had had reason to discuss with a licensee the effects
of discussing a complaint and had found out he would have to recuse himself
from the case if anything regarding the complaint was in the conversation.
Mr. Harris reminded the Board members that if any of them were contacted
in anyway by someone who had a matter before the Board and the status to cut
the conversation off just as soon as they realized it may be brought before the
Board. If you continue the conversation,
then you are obligated under the State Ethics Act to recuse yourself from
consideration of the matter.
Mr. Harris stated HB 1400 had died in committee yesterday. Questions ensued. Two letters were included in the Board Book
from the North Carolina Funeral Directors Association and Funeral Directors
& Morticians Association of North Carolina, Inc. with regards to SB
1435. Senator Atwater had requested the
trade associations provide this to show their position.
At Senator Atwater’s request, Mr. Briggs and Mr. Harris had met with a
licensee with regards Senate Bill 1435.
The licensee was suggesting that basic funeral establishment and
provider designations be established.
Mr. Harris had researched the four bordering states and only Tennessee
did not require and embalming room. Mr.
Parrott made the motion to accept the report for information only. Mr. Daniels seconded and the motion carried.
Attorney’s Report: Mr. Dirksen
presented the report. He recommended a
motion to dismiss the 2:00 hearing with the New House of Best Mortuary in
Kinston included in M07-001. Discussion
ensued. Mr. Lea made the motion to
dismiss this case only from M07-001. Mr.
Daniels seconded and the motion carried.
A prior case may have a Recovery Fund claim reimbursement with interest
soon. Mr. Daniels made the motion to accept
the report and Mr. Manson seconded.
Motion carried.
Executive Director’s Report: Mr. Harris
submitted the Inspectors Monthly Status Reports for review.
Since April 11, 2007, nine reports have been filed. The following are establishment changes: New funeral homes—Evergreen Memorial Service,
Princeton; Hairston Funeral Home, Inc., Salisbury. Change of Ownership—Hankins & Whittington
Dilworth Chapel, Charlotte; Lambeth-Troxler Funeral & Cremation Service,
Greensboro. Bowling Funeral Home, Rocky Mount,
has been purchased by Stewart Enterprises and they will assume operations. Questions ensued.
Mr. Blake questioned the status of Mitchell’s Funeral Home on St. Mary
Street and the staff concerns about some advertising related to the expected
closing. Discussion ensued. At this time Ms. Pugh entered the meeting.
New funeral director licenses have been issued to: funeral services
licenses—Kevin Shillabeer, Bruce Martin, Jr., Edwin Clements III, Edgar
Shelton; funeral director licenses—Jerry Stapleton, Richard Locklear, Jr. Trainees registered are Miriam Mabry, Randy
Barker, Erik Johnson, Elizabeth Singletary, Cecil Miller, Jr., Kristen Cooke,
Ricky Harris, Mary Donnell, Shiron Bigelow, Ramona Brown, Rickey Rhoney, Jr.,
Justin Whitfield, Esther Worley, JoAnna Baker, Coburn Hartsell, Ellen Gladden.
With regards to the monthly Ethics reporting, Mr. Harris has met with a
licensee, Senator Atwater twice, meeting and telephone calls with Jon Carr,
Lobbyist (NCFDA), Larry Stegall (Executive Director of NCFDA), Timmy Butler
(President of FD&MA of NC, Inc.), and Henry Lancaster (FD&MA of NC,
Inc. legislative monitor). Staff
attended NCFDA conference in High Point.
Mr. Harris had lunch with a former Board member/licensee.
Mr. Harris attended the ICFSEB meeting in Nashville, Tennessee, and
reported on this meeting. Mr. Briggs
congratulated Mr. Harris on being elected President of the Executive Directors.
The FDA responded to our public records request for documents relating to
the investigation of donor referral services.
The 2006 audit of Board records will be conducted May 30 thru June 2.
Michael Landon with Fayetteville Technical Community College responded to
the staff request regarding the curriculum for the British Institute of
Embalmers. Mr. Lea made the motion that
the BIE curriculum does not meet the Board’s standards for funeral
licensing. Mr. Daniels seconded. Discussion ensued. Mr. White called for the vote. Mr. Daniels, Mr. McCree, Mr. Parrott, Mr.
Andrews, Mr. Lea, Mr. Manson voted yes. Mr. Blake voted no. The motion carried.
Mr. Harris discussed the Case Fatality Ratio—Projected Number of Deaths
regarding the Pandemic Flu. Brant Goode
from NC Public Health had obtained the form that Mr. Harris presented.
Due to the torrential downpour of rain on Saturday, once again the
construction behind the building caused water and red mud to flood into the
building and our hall and room. Crosland
will replace the carpet after construction is complete and test for mold
growth. The waterproofing that was done
last year held the back door was on the place of leakage.
Mr. Harris will conduct a two hour Preneed Seminar at the FD&MA of
NC, Inc. Annual Convention June 11 – 14 in New Bern. The annual reports to the Secretary of State,
Attorney General and General Assembly are being prepared. The ICFSEB Tri-district meeting is being
planned for September, October or November 2007. Board members should call Mr. Harris or hotel
if they need to cancel their hotel reservations since the Board is being billed
for no shows. Ms. Pearson is totaling
the insurance and trust amounts submitted on the 2006 annual report because of
a licensee request. Discussion ensued
regarding what is and is not public record on these reports.
New Business: There was
none.
Old Business. There was none.
Informational Items: There was
none.
Mr. White
invited public comment. Mr. Blake stated
it was of concern to him the practice of unlicensed insurance agents making
funeral arrangements out of the funeral home and residences. Discussion ensued. Mr. Briggs suggested the scheduling of future
hearings at 11:00 and recess the Board meeting for better use of time. Staff will take this under advisement.
Mr. White
adjourned the meeting until the 1:00 pm Hearing of NCBFS vs. McMillan.
T.
E. White, Sr., President
Larry
R. Andrews, Secretary