REGULAR BOARD
MEETING
MINUTES
October 23, 2008
The North Carolina Board of Funeral Service met for a duly
scheduled Board Meeting at 11:00 a.m. on October 23 at the
Present: Mark Blake, President; Larry Andrews, Vice
President; J. T. Willoughby III, Secretary; Rudy Lea, T. E. White, Sr., Frank
McCree and
Also Present: Paul
Harris, Executive Director; Stephen N. Dirksen, General Counsel; Fred Jordan
with the N. C. Eye Bank, Dorman Caudle with Carolina Donor Services, Funeral
Service licensee Dan Funchess, and Phil Miller, President, North Carolina
Funeral Directors Association.
Mr. Blake called the meeting to order at 11:00 a.m. He led the Pledge of Allegiance and had the
invocation.
Mr. Blake read the Ethics Awareness & Conflict of
Interest Reminder and asked if any member needed to recuse himself. Mr. Briggs stated he had participated in a
panel discussion on political issues at a recent NCFDA District meeting and
attended the National Funeral Directors Association Convention. Mr. White and Mr. Willoughby stated they
attended the Board Meeting of the Funeral Directors and Morticians Association
of North Carolina, Inc. on October 14.
Mr. Lea stated he also attended the NFDA Convention. Mr. Blake stated he had attended a recent
meeting held by Carolina Donor Services, which was also attended by NCFDA
representatives.
Mr. Blake asked for public comment and there was none. The visitors in attendance identified
themselves. Mr. Blake thanked the
visitors for their attendance.
Mr. Blake recognized Mr. Willoughby for the presentation of
the September minutes. Mr. Andrews made
the motion to accept the minutes and Mr. Willoughby seconded. The motion carried.
Clinics: Mr. Lea reported
the Committee was recommending the registration fee of $15 per licensee for the
November 19 clinic. Discussion
ensued. Mr. Harris stated there were no
expenses related to the use of the facility, speakers, or production of the
DVD. Mr. White made the motion to
approve the registration fee of $15. Mr.
Andrews seconded and the motion carried.
Exam Committee:
Mr. White reported the October 21 exam results: 9 applicants took the exam (2 retakes and 7
first time). 8 passed (including the 2
retakes) and 1 failed.
Additional information was received from Castle Worldwide
since the last Board meeting regarding costs to receive exam scores more
frequently than once per month. A comparison
of the costs to receive scores more frequently is: $8000 one time fee for real time access=$8000
over the three year contract; $3700 per year for scores every two weeks=$11,100
over the three years; $7000 per year for scores every week=$21,000 over the
three years. The Committee recommends
option #1, $8000 one time fee. Castle
confirms this is truly a one-time fee to develop access for the Board staff to
retrieve scores at any time following an exam.
The Board will not have to bear this expense again even with a renewal
of the contract with Castle. The only
stipulation is the Board will pay for any format/reporting change on a per hour
basis, which is $250 per hour with the initial contract. Mr. White asked that a separate contract be
drawn to reflect the $8000 fee is a one time payment so that future Boards
would not believe they would have to repay this when a contract is renewed with
Castle. Mr. Willoughby made the motion
to accept the recommendation. Mr. Lea
seconded and the motion carried.
Finance/Personnel:
Mr. Briggs reviewed the financials and stated the Committee had
recommendations regarding the modified mortgage agreement. Mr. Briggs recognized Mr. Harris for
additional comment. Mr. Harris referred
to several items that will be over budget at year-end as had been previously
reported. Mr. White asked about the
Board’s reserves with Wachovia Securities.
Mr. Harris responded that those funds had been transferred to the State
Treasurers Account. Mr. White made the
motion to pay down the mortgage balance by the amount in access of
$600,000. Mr. Harris explained that the
initial approval by the Board included a pay down of $44,000. Since that time additional monthly payments
had been made and at this time the amount in excess is approximately
$38,109. Mr. White confirmed that this
was the motion he was making. Mr. Lea
seconded and the motion carried. Mr.
Briggs then made a motion to accept the Finance Report. Mr. Willoughby seconded and the motion
carried.
Staff has developed new Board Member expense form. Mr. Briggs made the motion to accept the new
form. Mr. McCree seconded and the motion
carried.
Laws, Rules & Legislation: Mr. Briggs stated staff had received the FTC
staff opinion on crematory compliance with the Funeral Rule. The Committee was recommending a copy be sent
to each crematory operating in the state.
The motion was made by Mr. Briggs and seconded by Mr. White. Discussion ensued. Mr. Briggs recognized Mr. Harris for
additional comment. Mr. Blake called for
the vote and the motion carried.
Staff reported receiving a letter from Holly Stevens
Piedmont FCA requesting clarification of the Board’s August directive to
crematories regarding activities allowed with a crematory permit. The Committee is reviewing that letter with
staff and will report at the November Board meeting.
Mr. Briggs recognized Mr. Harris to provide a report on
rulemaking. Written comments on proposed
changes to 21 NCAC 34A. .0124. and 21 NCAC 34D .0106 were received from Tracy
Kelly of Homesteaders Life Insurance Company.
Mr. Harris stated the remaining proposed changes and
proposed new rules needed final approval by the Board. The staff further recommended to withdraw the
proposed change to 21 NCAC 34A .0126(f)(2) and leave that section as currently
written to allow the Board discretion on when a Letter of Caution will be
issued. Mr. Briggs made the motion to
accept the recommendation. Mr. Andrews
seconded and the motion carried.
Mr. Harris directed the Board’s attention to the Notice of
Text and suggested handling approval in two separate actions. Mr. Lea moved to adopt the proposed new
rules: 21 NCAC 34A .0127; 21 NCAC 34B
.0213 and .0310; 21 NCAC .0106 and .0203.
Mr. Willoughby seconded and the motion carried.
Mr. Willoughby moved to approve the proposed amendments to
21 NCAC 34A .0101, .0103, .0104, .0108, .0126; 21 NCAC 34B .0103, .0120, .0202,
.0211, .0408, .0414, .0615; 21 NCAC 34C .0305, .0306; and 21 NCAC 34D .0101,
.0201, .0303. Mr. Andrews seconded and
the motion carried.
Mr. Dirksen asked the Board to delegate authority to the
staff to make technical, non-substantive changes such as spelling, grammatical
and formatting as requested by the NC Rules Review staff. Mr. White made the motion. Mr. Lea seconded and the motion carried.
Preneed Committee:
Mr. Andrews presented the preneed report and asked Mr. Harris to comment
on the staff’s research into Funeral Trusts.com. Mr. Harris has contacted the agents listed on
the website and spoken with one of them who has been very cooperative and
agreed to forward some e-mails he received as well as any applications or forms
he has. The Department of Insurance has
sent information back to Unity Financial for clarity regarding that company’s
submission to create a trust that would own an insurance policy to fund a
funeral. Staff will report back to the
Board after they have additional information.
This was for information only.
Disciplinary Committee: Mr. Lea presented the report in Mr. Parrott’s
absence. Mr. Lea mentioned there was an
addendum and Mr. Blake asked that it be addressed first. Discussion ensued regarding the Addendum. Mr. Briggs made the motion to accept the
recommendation of the Disciplinary Committee for cases on the Addendum M08-001
and V08-048. Mr. Andrews seconded and
the motion carried.
Mr. Blake then referred back to the original report and
discussion ensued. Mr. Briggs made the
motion to accept the report. Mr. White
seconded and the motion carried.
At this time Mr. Blake called for a five-minute recess.
There were no other committee reports.
Attorney Report: Mr. Dirksen presented his
report.
Executive Director’s Report: Mr. Harris submitted the
Inspectors Monthly Status Reports for September.
Since the September 10 Board
Meeting twenty reports have been filed.
Establishment Changes: New
funeral homes—Friendly Funeral Home, Riegelwood (occupies former Jordan Funeral
Home facility); Change of Ownership—Cremation Society of the Carolinas and
Capital Funeral Home,
New funeral service
licensees: Damon Pepew, Ralph Patriarca,
Clifford Overstreet, DeMonica Nealy, Jamison Murphy, Rebecca Polley, Roberta
Hodge.
New funeral director
licensees: Claude Anthony, Jr., Jennifer
Skinto, Linda Holman, Jerome McMillan, Linday Tucker-Gooding, Karon Whitaker.
New trainees: John Hernandez, Larry Ollis, Matthew
Wilkerson, Christine McLean, Raymond Moore III, Bryant Baird, Bobbie Couch,
Phillip Skeen, Joann Marotta.
Staff Ethics Report: Mr. Harris attended a
presentation by the North Carolina Ethics Commission and reminded Board members
of some of the requirements of NC Ethics Act.
Mr. Harris reported on the joint
letter on death certificates reply from the NC Hospital Association. Linwood Jones, General Counsel for the
Association, contacted Mr. Harris. Mr.
Jones forwarded the matter to the Association members for comment and acknowledged
the Association is aware of the problem and the concerns. Mr. Jones suggested that we wait until he
hears from the hospital attorneys and then schedule a meeting to discuss the
matter. He also forwarded the letter to
the
Mr. Harris reminded members of the
11:00 November 12 canvassing of Crematory Authority ballots. To date 40 ballots have been received. Security and Safety Training scheduled for
inspectors on Friday, October 24. Mr.
Harris request Board directive to place additional laws and rules on the
Board’s website. This would simulate the
law book by including laws and rules that are in the current law book and those
that would be included in the new law book.
Mr. Harris received quotes for construction to improve security in the
office and will consult with Allison Blackman regarding suggestions he may
have. Mr. Harris requested the Board set
the January 2009 meeting date for January 14 so that staff can schedule Judge
Morgan to administer the oaths of office to newly elected Crematory Authority
member, Mr. Briggs, Mr. Lea, Ms. Webber, Mr. Parrott and Mr. White. Mr. White made the motion and Mr. Andrews seconded. The motion carried.
Mr. Harris clarified from the
previous discussion on the November 19th clinic fee that there will
be travel and per diem expenses for Board members and travel expenses for the
staff.
Mr. Harris informed the Board that
the Division of Air Quality had contacted staff just before he left the office
this morning. They had a number of
questions about cremations performed in the state. Mr. Harris will notify Crematory Authority of
this contact and also will report back to the Board once he has an opportunity
to talk with the individual that called.
Mr. Harris reminded the Members of
the Board Christmas Party on December 9th.
Mr. Blake asked Mr. Harris about
the Trainee Supervisory certification program.
Mr. Harris responded he was about 60% finished with the program but it
could not be implemented until the rule allowing the authority had been
approved by NC Rules Review.
New Business: There was none.
Old Business: There was none.
Informational Items: State Auditor, Leslie Merritt,
sent a letter regarding the Resolution passed by the Council of State urging
professional licensing Boards to pass laws and rules for National Guard and
Reservists who hold professional licenses while on deployment. Mr. Harris stated the Board already has
Statutory Authority and has used that authority for active duty military,
National Guardsmen, and Reservists who are licensed by the Board. Also, enclosed was the International
Conference of Funeral Service Examining Board’s newsletter. The annual meeting will be in
Mr. Blake commented on his meeting
with Carolina Donor Services in regard to a new procedure that is being
considered.
Mr. Blake stated he had been
approached by a member of the Funeral Consumers Alliance inquiring about the
definition of a mortuary. He asked Mr.
Harris if the Board had ever clearly defined that term and asked if Mr. Harris
had been contacted about the same matter.
Mr. Harris stated he had been contacted.
The Board issues establishment permits and also registers outside
embalming establishments. Regardless of
what term is used, if they meet the legal requirements, the Board considers
them an establishment.
Public Comment: There was none.
Mr. Lea made a motion to go into
closed session to consult with the general counsel on the possible subrogation
and settlement of claims related to case V08-048 in order to preserve the
attorney-client privilege and to hear reports concerning investigations of
alleged criminal misconduct (unlicensed practice). Mr. White seconded and the motion carried.
Upon proper motion by Mr. Briggs
and seconded by Mr. Willoughby the Board voted unanimously to reenter into open
session. Mr. Blake stated there was no
action taken.
The meeting adjourned at 1:00 p.m.
Mark
Blake, President
J.T.
Willoughby III, Secretary