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OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
NOTES OF REGULAR MEETING
MEETING PLACE: Oklahoma State Capitol
2300 North Lincoln Blvd. Suite 175 Room 412C
Oklahoma City, Oklahoma 73105
DATE & TIME: 10AM December 13, 2012
ORDER OF BUSINESS: The Board may discuss, vote to approve, vote to disapprove, vote to table, change the sequence of any agenda item, or decide not to discuss any item on the agenda.
1. Roll Call - Cooper, Dugger, Longanacre, Phenix, Pickard, Temple were present, Walding was absent.
2. Approval of minutes of the November 8, 2012 Board meeting - Approved
3. Matters requiring Administrative Hearing
A. Discussion and possible action on administrative hearing concerning Complaints 12-27 & 12-29 , Board v. Heritage Funeral and Cremation Services, LLC, a licensed Funeral Service Establishment, and Christopher Harrison a licensed Funeral Director and Funeral Director In Charge, for alleged Violations of 396.12c (8) and 235:10-7-2 (9)
B. Vote on possible executive session pursuant to 25 O.S. Supp 1998, Subsection 307 (B) (8) to engage in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act regarding Complaints 12-27 & 12-29, Board v. Heritage Funeral and Cremation Services, LLC, a licensed Funeral Service Establishment, and Christopher Harrison a licensed Funeral Director and Funeral Director In Charge, for alleged Violations of 396.12c (8) and 235:10-7-2 (9)
C. Possible action to be taken as a result of the executive session regarding Complaints 12-27 & 12-29 , Board v. Heritage Funeral and Cremation Services, LLC, a licensed Funeral Service Establishment, and Christopher Harrison a licensed Funeral Director and Funeral Director In Charge, for alleged Violations of 396.12c (8) and 235:10-7-2 (9). An administrative consent order was offered by the respondent and approved by the Board consisting of an administrative penalty of $2,500.00 plus court reporting costs. An agreement was also made for respondent to satisfy the financial obligations to the complainants.
4. Vote to affirm or disaffirm the issuance of the following licenses, registrations, certificates, dissolution or other action.
A. Apprenticeship (original) - All approved
1. Heidi Evans, Edmond, Smith & Kernke, OKC
2. Jenna Barry, OKC, Smith & Kernke, OKC
3. Tommy Thomas, Buffalo, Wilkinson FH, Buffalo
4. Nichole Nichols, Shawnee, Wadley’s Funeral Service, Purcell.
B. Apprenticeship (1st extension) - Approved
1. Krista Burns, Ardmore, Brown’s Durant Funeral Svc. & Crematory, Durant (Dallas Graduate)
C. Apprenticeship (3rd extension) - Approved
1. James Hamlin, Muskogee, Cornerstone FH & Crematory, Muskogee (Dallas Graduate)
2. Kevin Caldwell, Cushing, Palmer Marler FH, Cushing (enrolled at UCO)
D. Funeral Director (reciprocal) - Approved
1. Carl Rankin, Richardson, TX (TX)
E. Establishments - Numbers 1, 2, 3, 5, and 6 were approved. Number 4 was tabled.
1. Hales’s Krien FH, Sulphur, John Hales, FDIC, request to change name to Hale’s Funeral Home
2. Southhaven Crematorium & Embalming Service, Purcell, Douglas Ivy, FDIC request to close establishment.
3. Southhaven Crematorium & Embalming Service, Purcell, new commercial embalming establishment, Southhaven Crematorium, LLC, owner, Douglas Ivy requesting to serve as FDIC.
4. Grant & Owens Mortuary, Mannsville, New Establishment, Craig Owens solo owner, Craig Owens requests to be FDIC of Ardmore & Mannsville. (needs GPL, FDIC letter and inspection)
5. Talihina FH, Talihina, requesting to be FDIC of multiple establishments (Talihina & Clayton) from Thomas Burkhart to Don McCarn Jr.
6. Crown Hill Memorial Chapel, Tulsa, New establishment, New Crown Managent Corp., Owner, Cecil Lee requests to serve as FDIC.
F. Crematory - All Approved
1. Edmond Cremation Center, Oklahoma City, new crematory, Crawford Family Funeral and Cremation Services, Inc., owner. Marcus Crawford requesting to serve as Funeral Director in Charge of multiple locations (Oklahoma City). (Need Inspection).
2. Southhaven Crematorium, Purcell, Douglas IVY, FDIC request to close crematory.
3. Southhaven Crematorium, new crematory, Southhaven Crematorium, LLC, owner, Douglas Ivy requests to serve as FDIC.
G. Continuing education - Approved
1. Discussion and possible action on request from International Conference of Funeral Service Examining Boards to approve 24.5 hours of Continuing Education at 2013 Convention.
5. Review complaints with possible vote for probable cause or other action
13-18 Plea of Guilty to a felony charge - Probable Cause
13-19 Delayed death certificate - Dismissed with a letter of concern.
6. Discussion and possible action regarding appoint of another member to the Funeral Director and Embalmer Committee. - Brian Douglas was appointed to the committee.
7. Discussion and possible action on a report from the committee of Funeral Directors and Embalmers charged with studying the needs of Oklahoma Funeral Service. – The Board accepted the committee report.
Individual Funeral establishments across our great state pull together as a team, licensed staff, support staff and owners together side by side to meet the needs of their communities 365 days a year. Yet the funeral industry in Oklahoma has become fractioned with different industry segments headed in different and often opposite directions.
Now, internally to any licensed funeral director or Embalmer it may be worth discussing semantics over any minute detail to do with our industry, but to the outside looking in it just appears confusing as to what our industry needs and which segment is most representative of the whole.
We have an industry with an infrastructure set by the former needs of our communities with an industry unable to change this infrastructure fast enough to adjust the current needs of our communities.
This is a great opportunity to work together as an industry to lead and innovate instead of having an internal stalemating. The funeral industry in Oklahoma as a whole must set aside any former and indeed any current disagreements or debates erase all lines in the sand and alliances.
There is no one against us and we must no longer slow the evolution of our abilities to meet the needs of our communities in a prosperous manner.
If, an elected official, reporter or any external entity asks what is the direction of Oklahoma’s funeral industry. The Funeral Industry must have one united answer.
To gain any ground in this new economy, we must all walk together.
The Committee - December 2012
8. OFDA Report - No OFDA report was given
9. Legal Update - No Report was given
10. New Business - No new business
11. Deputy Director’s Report - Chris Ferguson reported that the agency has reinstated the random inspections of funeral homes and that he has recently been out in the field. Regarding the Medical Examiners Office, Mr. Ferguson reported that they are considering raising the fees for cremations and out of state permits. Also that the ME office has recently been reaching out to the industry via email. If you have not received the ME office emails or the Funeral Board newsletters please email email@example.com and request as such.
12. Executive Director's Report - Mr. Riley reported that during the month of November, there was a $12,904.17 of net income after expenses created by receiving $ 40,482.00 in net revenue with $ 27,577.83 in expenses. For the year, the deficit currently stands at $ 66,922.51. Continuing, his report stated that renewals are coming in at the expected pace, but that there has been significant adoptions of the online renewal system available for Funeral Directors and Embalmers. He also asked the licensees to be patient with the Board staff during the renewal season due to the increased workload and phone calls.
13. Discussion and possible action regarding FY13 legislation:
The following was approved:
§ 396.2. Definitions
…12. "Funeral director in charge" means an individual licensed as both a funeral
director and embalmer designated by a funeral service establishment, commercial embalming establishment, or crematory who is responsible for the legal and ethical operation of the establishment and is accountable to the Board;
§ 396.3. Funeral Director or Embalmer – Determination of Qualifications –
Requirements - Curriculum of Study – Issuance of License – Inspection
E. Each funeral director in charge as defined in Section 396.2 of this title shall have a current dual funeral-director-and-embalmer-license. A funeral director in charge of a funeral service establishment or crematory that does not have current dual funeral-director-and-embalmer-licenses at the time of the enactment of this statute shall be considered to be grandfathered and may serve as funeral director in charge of any funeral service establishment or crematory in accordance with rules proscribed by the Board, but shall not serve as funeral director in charge of a commercial embalming establishment which shall require current dual funeral-director-and-embalmer licenses.
§ 396.2a. Additional Powers and Duties of Oklahoma Funeral Board
… 21. Issue subpoenas as part of an investigation.
§ 396.12b. Conducting Funeral – Embalming – Dead Human Remains
D. Dead human remains shall be picked up on first call only under the direction and personal supervision of a licensed funeral director or embalmer. Dead human remains may be transferred from one funeral home to another funeral home and from a funeral home to and from a morgue where an autopsy is to be performed without a licensed funeral director personally making the transfer. In circumstances in which there is no reasonable probability that unlicensed personnel will encounter family members or other persons with whom funeral arrangements are normally made by licensed funeral directors or embalmers, dead human remains may be picked up or transferred without the personal supervision of a funeral director or, embalmer. Dead human remains may be picked up or transferred by a currently registered apprentice without the personal supervision of a funeral director or embalmer,; provided however, any inadvertent contact with family members or other persons shall be restricted to the currently registered apprentice identifying the employer to the person, arranging an appointment with the employer for any person who indicates a desire to make funeral arrangements for the deceased and making any disclosure to the person that is required by any federal or state regulation. A funeral director or embalmer who directs the removal or transfer of dead human remains without providing personal supervision shall be held strictly accountable for compliance with the requirements of, and exceptions to, first call as provided by the Funeral Services Licensing Act.
§ 396.12c. Grounds for Refusing to Issue or Renew, Revoke or Suspend License or Registration
After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following:
1. Conviction of or plea of guilty or nolo contendere to a felony shown by a certified copy of the record of the court of conviction offense;
2. Conviction of or plea of guilty or nolo contendere to a misdemeanor involving funeral services;
…21. Intentional interference with an investigation by the Board or failure to allow access to funeral records during an investigation or to produce records for an investigation;
22. Failure to properly discharge financial obligations as established by rule of the Board.
§ 396.30. Crematory – License Required
B. Application for an annual license shall be made to the executive director of the Board upon forms prescribed and furnished by the executive director, shall give the location of the crematory, and any other information as the executive director shall require, and shall be accompanied by the crematory license fee pursuant to Section 396.4 of Title 59 of the Oklahoma Statutes this title. A crematory shall not be licensed separately from a funeral or commercial embalming establishment but shall be licensed in conjunction with and operated by a funeral service or commercial embalming establishment.
Motion by Dugger second by Cooper to approve the legislative changes as posted. The motion passed unanimously.
14. Discussion and possible action of FY13 rules.
The following was approved:
235:1-1-2 Executive Director of the Board
(c) Schedule of meetings. The Executive Director shall schedule all Board meetings, file notices of Board meetings as required by the Oklahoma Open Meeting Law, and prepare an agenda for each Board meeting to be posted at the Board office in advance of the meeting, and be provided to each Board member. All applications or other items requiring Board action must be received and date-stamped by Board staff at least seven (7) fourteen (14) calendar days prior to a Board meeting to be considered at that meeting. Anyone may request the Board consider an item received after this time by requesting in writing to appear before the Board. Nothing in this section shall prohibit the Board from taking any action allowed by law on its own motion.
SUBCHAPTER 1. GENERAL PROVISIONS
"Approved place of final disposition" means a licensed crematory or other place legally established or historically recognized to receive human remains for final disposition. Historical sites as evidenced by existing grave(s) that were in place prior to the planned internment shall constitute an approved place of final disposition.
235:10-1-4. Request for interpretation of rules
(a) Any person who may be affected by the existence of application of any of the rules of this chapter may request in writing an interpretation of ruling regarding the application of such rule to the facts furnished with the inquiry. Any such request shall state fully the facts concerning which the rule may apply, and the particular rule about which the question exists. The request or inquiry will be added to the agency for the next scheduled Board meeting and may if necessary be continued for further consideration to additional business meetings. The Board's interpretation of the rule will be furnished in writing to the person making the request, within a reasonable time thereafter
(b) If a request for interpretation of rules includes or involves facts and/or circumstances whereupon a complaint has been filed, but not yet disposed, the Board shall consider the request for interpretation as a part of the complaint and in no way shall the request delay the resolution of the complaint or be construed to impartially bias the Board to the outcome of the complaint.
SUBCHAPTER 3. QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE
235:10-3-2. Requirements for licensing funeral service establishments
To be licensed by the Board a funeral service establishment or a commercial embalming establishment must meet the following minimum requirements:
(11) Transferability. No establishment license is transferable from one person to another, or from one location to another. In case of the sale, lease, or relocation to a new location, or a change of name of the establishment, the establishment license may remain in force by mutual consent of the buyer and seller for a period of (30) thirty days or until the next regularly scheduled Board meeting, and at such time the license shall expire. The Funeral Director-in-Charge must notify the Board office in writing and within ten days of change of ownership, change of Funeral Director-in-Charge, change of address, or change of name. The purchaser, lessee, or owner must notify the Board office to request an inspection, and issuance of a new license. Upon purchase, lease or change of address, change of name, change of Funeral Director-in-Charge a new establishment license application must be submitted with fee. If exigent circumstances warrant additional time to facilitate a Funeral-Director-In-Charge change, upon good cause shown and with written agreement by a licensed funeral director to assume responsibility in the interim, the Board may grant up to 90 additional days for an establishment to employ the new Funeral-Director-in-Charge. The licensed funeral director assuming responsibility in the interim shall be exempt from the requirements in 235:10-3-2 (9).
(18) Grounds for refusal. The board may refuse to issue an original license or renew a license:
(A) For any felony conviction, or a misdemeanor conviction related to funeral service, by any individual required to be disclosed under this sub-section, may be grounds to deny the application.
(B) For any answer in the affirmative to 235: 10-3-2 (16)(A)(viii,ix,x,xi,xii), by any individual required to be disclosed in this sub-section.
(C) If the Board finds the application contains false or misleading information.
(D) If the Application is incomplete or improperly completed.
(E) Failure to pay the license application fee.
(F) Failure to comply with all other rules as prescribed in Section 235.
(G) For any individual required to be disclosed under this section who is implicated in a complaint that has been found to have probable cause. The application may be tabled pending the resolution of the complaint.
235:10-3-5. Apprentice qualifications and registration
(2) Reports. Apprentices must properly file twelve (12) monthly reports in the format prescribed by the Board documenting their employment and completion of embalming and funeral directing experiences.
(A) Due date. Each report is due the 1st and must be filed no later than the 10th day of the month it is due.
(B) Postmark. The postmark or electronic date stamp shall determine the date of filing for the monthly reports and case reports.
(C) Late reports. Reports received late shall not count toward the total number required for licensing.
(3) Cancellation. An apprenticeship shall automatically be cancelled by the failure to file two monthly one quarterly reports, unless an exception has been granted in writing by the Board.
SUBCHAPTER 5. LICENSING FEES
235:10-5-2. Military service exemption from payment of renewal fees.
(a) Entering Service. Any individual licensee of the Board who enters an initial a period of military service, whether by enlistment, by being drafted, or by being a member of a National Guard Unit or a Military Reserve Unit which is called to active duty by the Federal Government, shall be excused from paying renewal fees and completing continuing education during the initial period of military service, and his or her license shall remain in full force and effect. become inactive.
(b) Release from service. When the individual is released from such initial period of military service, he shall immediately notify the Board, and shall pay the renewal fee required for the year in which the release from active duty occurs to reactivate the license.
(c) Renewal fees. When any individual voluntarily enters a second period of military service, he must immediately notify the Board, and he shall be responsible for the payment of all renewal fees due and payable after entering the second period of military service.
(d) ¬(c) Federal service required. This exemption from payment of renewal fees shall not apply to any individual enlisting in a National Guard Unit, or any Military Reserve Unit until and unless the unit or the individual is required by the Federal Government to enter a period of active duty on Federal status for a period to exceed one year.
(e) (d) ROTC not applicable. The provisions of this section shall not apply to an individual participating in any ROTC program on any college or university campus.
(f) (e) Board notification. The exemption from the payment of renewal fees and completion of continuing education shall not apply until the individual licensee has notified the Board office of his entrance into the military service set forth in this Section by certified copy of official enlistment document DD Form 4 or other official enlistment document.
235:10-7-2. 235:10-7-2. Prohibited acts
The following prohibited acts shall constitute grounds for the suspension or revocation of any license or registration issued by the Board.
(2) Conviction of a crime Criminal Actions. A felony conviction or plea of guilty or nolo contendere in a felony matter, or any misdemeanor pertaining to the custody, care or disposal of dead human remains, or involving funeral service, or unfair trade practices, or fraud. A copy of the record of conviction, judgment and sentence certified by the clerk of court entering the conviction shall be conclusive evidence of conviction. However, anyone who has surrendered their license or has had their license suspended or revoked because of a conviction of a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, may appeal to have his or her license reinstated. In determining whether to reinstate the license of such an individual, the Board may consider the length of time since the plea or conviction, education since the plea or conviction, recovery status since the plea or conviction if the underlying crime was alcohol-or drug-related, and the public safety of allowing the individual to be licensed.
(21) Lack of Response. Failure of a funeral service establishment, commercial embalming establishment, crematory, funeral director, embalmer, or apprentice to respond to a complaint within 10 days of receipt of the complaint or failure of a funeral service establishment, commercial embalming establishment, crematory, funeral director, embalmer or apprentice to comply with a Board subpoena. A signed proof of service shall be prima facie evidence of receipt.
(22) Obstruction of Investigation. Destruction of evidence, tampering with or intimidating witnesses, or refusal to allow access to relevant files or facilities in any investigation.
(23) Forgery. Creating a false document, fraudulently altering a document, or writing a false signature upon any document.
(24) Compromising Licensing Exam. Being found to have cheated on, harvested test items from, or disseminated copies of any licensing exam as determined by the administrating body of the exam.
SUBCHAPTER 11. MINIMUM STANDARDS OF PERFORMANCE
235:10-11-1. Minimum standards of performance
(b) The following minimum standards of performance shall be required of each licensed funeral director in the State of Oklahoma. The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director.
(7) Directing, being in charge or apparent charge of, or directly supervising, any funeral service held in a funeral establishment, cemetery, or elsewhere. The responsibility of the funeral director for the personal supervision of a dead human body shall end at the point when the following shall occur -when the remains or casketed remains is are inaccessible to the public, to include but not limited to:
(A) the lid is placed on the outside enclosure or crypt;
(B) the casket is covered by earth if no outside enclosure is used; or
(C) the body is released to the next-of-kin or their authorized agent
(D) at the conclusion of any public or private ceremony, the dead human remains are accompanied by an employee, as evidenced by records of wages and hours, of a funeral service establishment until such time as the remains are inaccessible to the public. This provision shall not be construed to allow any conducting of services or direct care for the remains by an employee not holding respective funeral director’s or embalmer’s licenses. A funeral service establishment and funeral director shall be held strictly liable for the actions of the employee and the employee’s compliance with the requirements of the Funeral Services Licensing Act.
(d) The following minimum standards of performance shall be required of each licensed funeral service establishment and commercial embalming establishment in the State of Oklahoma
(1) Discharge financial obligation. A licensed funeral service establishment shall pay any vendor or third party obligation, within 90 days, that arises out of a Statement of Goods and Services that has been signed by the authorized person or shall satisfy a judgment rendered by a court of proper jurisdiction, within 90 days or as ordered by the court, in favor of a vendor or third party provider as designated on the Statement of Goods and Services or in connection with goods and services provided for a specific buyer.
(2) Approved Place of Disposition. A licensed funeral service establishment, or commercial embalming establishment shall only arrange for, prepare, and transport human remains to an approved place of final disposition. A new or established site shall have the person exercising the right of disposition assume the legal responsibility for the interment and also take the necessary precautions to secure that site to make it legal and lawful as an approved place of final disposition.
(3) Retention of Documents. A licensed funeral service establishment or commercial embalming establishment shall retain documentation related to the services performed, services and merchandise provided, and vital statistic information collected for no less than 5 years from the date of death or date of the statement of goods and services whichever is later.
SUBCHAPTER 5. LICENSING FEES
235:10-5-1. License and other Board fees
(a) The following shall be the fees charged for the licenses, registrations and examinations required by the Funeral Services Licensing Act:
(1) Funeral Director License or Renewal - $75.00 100.00
(2) Embalmer License or Renewal - $75.00 100.00
(3) Registration or Extension of Funeral Director and/or Embalmer Apprentice -
(4) Oklahoma Law Examination - $100.00
(5) State Board Arts Examination - $100.00
(6) State Board Science Examination - $100.00
(7) Funeral Establishment License Renewal - $250.00 350.00
(8) Commercial Embalming Establishment License Renewal - $250.00 350.00
(9) Reciprocal License for Funeral Director or Embalmer - $150.00
(10) Change of Funeral Director in Charge - $500.00 anytime during the year
(11) Crematory License Renewal - $250.00 350.00
(12) Original Funeral Establishment License Fee - $750.00
(13) Original Commercial Embalming Establishment Fee - $750.00
(14) Original Crematory License Fee - $750.00
(15) Change Establishment or Crematory Name - $250.00 anytime during the year.
(b) Administrative service fees. Fees for service exceeding normal maintenance of Board records shall be as determined by the Board in open meeting. No such service fee may exceed the amount of $200.00
(1) Mailing list of establishments - $15.00
(2) Mailing list of individual licensees - $15.00
(3) Duplicate licenses - $15.00 per license
(4) Photocopies - per page - $ .25
(5) Postage/shipping - net cost
(6) License Verification Certification - $50.00
(7) Transfer of Apprenticeship from one funeral home to another - $35.00