REGULAR BOARD MEETING

 

MINUTES

 

August 8, 2007

 

 

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting at 9:00 a.m. on August 8, 2007 at the Board’s office, 1033 Wade Avenue, Suite 108, Raleigh, North Carolina.

 

Present: T. E. White, President; Mark Blake, Vice President; Larry Andrews, Secretary; Rudy Lea, Frank McCree, Sr., Windell Daniels and J. T. Willoughby III.  George Parrott was absent.

 

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, William Betts, President of the Funeral Directors and Morticians Association of NC, Inc., Joe Cutchins, former president of the FD & MA of NC, Inc. and National Funeral Directors & Morticians Association, Lori Chappell Greene with the FD & MA of NC, Inc., Herbert Reichlin and Betty Stoddard with N. C. Funeral Consumer Alliance of the Triangle and Lyn Cochrane.

 

Mr. White called the meeting to order at 9:10 a.m. and read the Ethics Awareness & Conflict of Interest Reminder.  No one recused themselves at this time. 

 

Mr. White had the invocation. 

 

Mr. White opened the meeting for public comment and there was none.

 

At this time Mr. White called upon Superior Court Judge Michael Morgan to administer the oaths of office to Mr. Andrews, Mr. Blake and new Board member, J. T. Willoughby III.   Judge Morgan congratulated these three members and made comments to the Board.  Mr. White presented Judge Morgan with a gift of appreciation.

 

At this time Mr. White asked for a brief recess to have a Board member photograph taken.  The meeting reconvened at 9:30 a.m.

 

Mr. Andrews presented the minutes to the Board as previously mailed.  Mr. White stated he had found one correction on Page 2, Paragraph 3.  Mr. Briggs he had found one correction on Page 2, Attorney’s Report, second sentence, and one correction on Page 2, Executive Director’s Report, Paragraph 2, fourth sentence needed clarifying.  Mr. Daniels made the motion to approve the June26 and July 18, 2007,minutes with the corrections.   Mr. Willoughby seconded and the motion carried

 

Exam Committee:  Mr. Blake reported the June exam results.  All applicants passed the exam.  Five applicants took pathology (four first time and one retake).  Nineteen applicants took laws and rules (eighteen first time and one retake).  All applicants passed the July exam.  Ten applicants took laws and rules (Nine first time and one retake).  The pathology exam is now being given via computer so results are not available at this time. Mr. Blake stated he would like to begin the process of computer-based testing for Laws & Rules in the future.   Mr. Blake submitted this for information only.

 

 

Finance/Personnel Committee:  Mr. Daniels presented the June financials.  Mr. Daniels made the motion to accept the report.  Mr. White stated since Mr. Daniels was the chairman of the committee, no second was required.  The motion carried.

 

The Finance/Personnel Committee had met prior to the Board meeting.  Mr. Daniels made the motion to accept the recommendations made by the auditing firm Boyce-Furr.  Mr. White called for the vote and the motion carried.  Mr. White stated that he enjoyed meeting with the auditors to discuss the actual audit.

 

Mr. Daniels yielded the floor to Mr. Harris to discuss the Board’s healthcare change.  Discussion ensued.  Mr. Daniels made the motion on behalf of the Finance/Personnel Committee to increase the Health Reimbursement Plan to cover $1250 of the $1750 annual major medical deductible if needed.  Mr. Blake seconded and the motion carried.

 

Mr. Daniels made the motion for a policy change to allow the General Counsel to sign vouchers and expense reports in the absence of the Executive Director.  Mr. White called for the vote and the motion carried.

 

Mr. Daniels made the motion to go into Executive session to discuss personnel matters.  Mr. Blake seconded.  Mr. Briggs made the motion to return to open session and Mr. Daniels seconded.  The motion carried.  Mr. White stated there was nothing to report at this time.

 

Mr. Daniels made the motion to accept the Boyce, Furr & Company, LLP Financial Statements of December 31, 2006 and 2005.  Questions ensued.  Mr. White called for the vote and the motion carried.

 

Preneed Committee:  Mr. Andrews submitted the preneed report for information only and made the motion to accept.  Mr. Daniels seconded and the motion carried.

 

Disciplinary:  In Mr. Parrott’s absence, Mr. Harris stated there was an addendum to the previously mailed report.  Discussion ensued.  Mr. Blake made the motion to accept the report with the exception of V07-039.  Mr. Willoughby seconded.  Mr. Daniels, Mr. Lea, Mr. Briggs, Mr. Andrews, Mr. White, Mr. McCree and Mr. Willoughby voted yes.  Mr. Blake voted no and the motion carried.  Mr. Briggs made the motion to send the Letter of Caution in the matter of V07-039.  Mr. Blake seconded and the motion carried.

 

Laws, Rules and Legislation:  Mr. Briggs yielded the floor to Mr. Harris after commending him for the rapport Mr. Harris had developed with the Legislature.  Mr. Briggs stated the senators and representatives believe him and trust him they believe and trust Mr. Harris, they believe and trust this Board.  Mr. White agreed with Mr. Briggs and also commended Mr. Harris.

 

Mr. Harris discussed legislative matters including SB1435 (the Board’s bill) ratified on August 2, 2007, and HB1400 (prohibits tissue recovery in funeral homes and payment of referral fees) ratified July 28, 2007 which is now law.  HB634 (advanced directives bill which also clarifies health care power of attorney powers) has been ratified.  The Committee will begin study on the request by the Funeral Alliance of the Triangle regarding burial by immediate family.

 

Mr. Daniels made the motion to accept the report.  Mr. Blake seconded and the motion carried.

 

Attorney’s Report:  Mr. Dirksen stated the 11:00 hearing had been settled and the attorney for the 11:00 hearing was present to request a continuance.

 

At this time Mr. White recessed the Board Meeting and called the Hearing to order at 10:55 a.m.  The Board called the case in the matter of NCBFS vs. R. H. Greene and R. H. Greene Funeral Home.  Attorney for Mr. Greene, Larry Armstrong, requested a continuance in the matter of M05-016.  Mr. Blake made the motion to grant the continuance and Mr. Andrews seconded.  The motion carried.

 

Mr. White adjourned the hearing at 11:02 a.m.

 

Mr. Dirksen presented his report and stated all cases had been settled or have been continued and the four consent orders signed.  Mr. White commended Mr. Dirksen on his endeavors to the reduce his report.

 

At 11:05 Mr. White called a five-minute recess.

 

Executive Director’s Report:  Mr. Harris submitted the Inspectors Monthly Status Reports for review. 

 

Since the June 26, 2007 Board Meeting, forty-seven reports have been filed.  The following are establishment changes:  New funeral homes—Fonville & Dove, Kinston; Adams of Wilkes, North Wilkesboro; Drum Funeral Home, Hickory; and National Cremation Service, Charlotte and Stanly Funeral home, Albemarle, location changes; Registered Change of Ownership—Harwood Home for Funerals, Black Mountain (formerly Miller Funeral Home) and Lancaster Funeral and Cremation Services, Louisburg; Closed—Welch Funeral Home, Mocksville; Mitchell’s Funeral Home, St. Mary’s Street, Raleigh; and Moody Funeral Home, Bryson City.  Crematories—Adcock Crematory, Spring Lake; Cox Memorial Crematory, Vass; and Cecil M. Burton Funeral Home & Crematory, Shelby.  Name Changes—Smith & Austin Funeral Home, Plymouth, to Riverwood Funeral Service.

 

New funeral licenses have been issued to: funeral services licenses—Brantley Gurley, Felicia Gaston, James Bullard, Jr., Teresa Herring, Vincent Johnson, Nikki Adams, David Valentine, Justine Abernathy, Billy Wedgworth, William White, Jonathan Wood, Curtis Jenkins, Jeffrey Braley, Steven Patterson, Raymond Hackett, jr., Spencer Letchworth and Henry Gilmore; new funeral director licenses—Hedrick Jones, Margaret Crumpler, Thomas Isley and Margaret McKita; new trainees—Michael Preyear, Michael Cameron, Amy Richards, Kim Moore-White, Kimball Pruitt, Veronica Nifong, Senetra Knight, Jessica Johnson, Leith Armentrout, Terrance Hough, Jeremy Wheless, Ashley Suggs, Edgar Butler, James Henderson, Sharon Maitland, Ashley Peterson, Stephen Moore and Vivian Wright.

 

With regards to the monthly Ethics reporting, Mr. Harris has met with representatives of the FD & MA of NC, Inc., NCFDA and various senators and representatives.

 

Mr. Harris has the 2006 Annual Report from the Board to the General Assembly containing a Record of Complaints, Auditing and Enforcement as required by Chapter 90-210.70(d) of the NC General statutes ready for Mr. White’s signature and mailing.

 

Tom Taaffe has been named SMORT coordinator.  Mr. Harris has been working with this group with regards to the Pandemic Flu planning.  The report for the Office of State Controller is now complete and ready for mailing.

 

The Crematory Authority met on July 16 and have several recommendations for the Board.  They are recommending a letter be mailed to all North Carolina crematory operators informing them of air quality information that is available and the appropriate settings and exposure to radioactive materials.  Mr. Daniels made the motion to authorize Mr. Harris to compose and mail the letter.  Mr. Lea seconded and the motion carried.  The CA decided not to take any action with regards to the 56 series of forms.  They determined the trade association instead of the Board should handle the cremation technician training.

 

Mr. Harris will include in the next Board newsletter and E-Newsletter the Legislation action and information regarding the Health Care Power of Attorney.  Staff member Tanya Pearson is compiling information from the 2006 Annual Reports regarding the total number of trust and insurance funds.  To date approximately 75% of the reports have been processed and trust contract funds are $143,567,264 and insurance contract funds are $743,188,451.  There is a preneed review scheduled for September 17.  The September Board meeting date is September 12-13, 2007.  The October Board meeting will be at Fayetteville Tech on Oct. 3.  The NC Commission of Anatomy will meet at the Board’s office on October 3.  The International Conference of Funeral Service Examining Boards Tri-district meeting is in New Orleans September 7.  Mr. Harris and Mr. Blake are registered to attend.

 

New Business:  Mr. Lea stated the fall clinic is scheduled for the McKimmon Center on Tuesday, October 9.  Presenters include Tom Taaffe and Mark Chambers with SMORT.  Staff is working on other programs and speakers.

 

Mr. Blake stated his concern with continued communication problems with donor agencies, the notification to funeral directors, and the release of the remains in a timely manner. 

 

Old Business. There was none.

 

Informational Items:  Mr. Harris stated there were two items regarding Board disciplinary matters.

 

Mr. White opened the meeting for public comment and Mr. Jordan made comments regarding donor agencies.

 

Mr. White adjourned the meeting until the 11:56 a.m.

 

 

                                                                                                                                               

                                                                                    T. E. White, Sr., President

 

 

                                                                                                                                               

                                                                                    Larry R. Andrews, Secretary