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MINUTES OF A REGULAR MEETING
OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
February 14, 20113
|Richard Dugger||Mark Riley|
|Cindy Longanacre||Chris Ferguson|
|Mike Phenix||Grant Moak, AAG|
MEETING PLACE: Oklahoma State Capitol
2300 North Lincoln Blvd. Room 104
Oklahoma City, Oklahoma 73105
Board President Mike Phenix called the meeting to order at 10:00 A.M. Board members Dugger, Longanacre, Phenix, Pickard, Temple, and Walding were present. Board member Cooper was absent.
Motion by second by to approve the minutes of the January 10, 2013 meeting. The motion passed unanimously.
After suggestion and explanation by Grant Moak regarding the request for continuance a motion by Dugger second by Longanacre to enter into executive session pursuant to 25 O.S. Supp 1998, Subsection 307 (B) (8) to engage in deliberations or rendering a final or I intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act regarding Complaint 13-10, Board v. Brown’s Funeral Parlor, Luther a licensed Funeral Service Establishment, and Jennifer Bailey a licensed Funeral Director and Funeral Director In Charge and Isaac Brown, for alleged Violations of 59 O.S. §§ 396.6(A),396.12a(B), 396.12b(A), 396.12c(8); OAC 235:10-7-2(1),(4),(6); 235:10-11-1(b)(7). Dugger and Longanacre voted yes, Phenix, Pickard, Temple, and Walding voted no. The motion failed.
Again Mr. Moak explained the situation regarding the request for continuance a motion by Temple second by Pickard to Complaint 13-10, Board v. Brown’s Funeral Parlor, Luther a licensed Funeral Service Establishment, and Jennifer Bailey a licensed Funeral Director and Funeral Director In Charge and Isaac Brown, for alleged Violations of 59 O.S. §§ 396.6(A),396.12a(B), 396.12b(A), 396.12c(8); OAC 235:10-7-2(1),(4),(6); 235:10-11-1(b)(7) until April 11, 2013 Board meeting. Dugger voted no, Longanacre, Phenix, Pickard and Temple voted yes. Walding recused.
Regarding matters to consider possible dismissal upon recommendation of AAG. Mr. Moak advised the Board that the complainant in Complaint 13-09 is having difficulty cooperating with the investigation and that Mr. Moak advised the Board to dismiss the case. After discussion by Board they directed staff to send the complainant a certified letter and report the status back to the Board.
Mr. Moak advised the Board that he has been approached by an attorney that represents the respondent in Complaint 13-16 (Forgery of signature, charging for services not selected, failure to provide statement of goods and services at time of arrangements). The respondent through council has offered to surrender the licensee’s funeral director and embalmer licenses in lieu of penalty and in lieu of a formal complaint and notice of hearing being filed. A motion to deny the dismissal by Dugger, second by Longanacre was unanimously approved with Pickard recused.
Motion by Temple second by Phenix to approve the following: Apprenticeship (original) Kassie Price, Edmond, (Embalmer only) Oklahoma Mortuary Service, OKC; Carie Born, Follett, Myatt-Laverne, Laverne; Paula McCallen, Tulsa, Moore’s Funeral Home, Tulsa; Billy Jackson Jr. Duncan, Don Grantham FH, Duncan; and Cole Hart, Walters, Hart-Wyatt FH, Walters. The motion passed unanimously.
Motion by Temple second by Walding to approve the following: Apprenticeship (1st extension) Arianna Ervin, Smith Gallo, Guthrie (enrolled at UCO), Martin Shearwood, King-Shearwood Funeral Home (graduated from Dallas); and Daniel Stillwell, Jones, Alpha & Omega Mortuary, OKC (Enrolled at Commonwealth, Houston). The motion passed unanimously.
Motion by Temple second by Longanacre to approve the following: Funeral Director/Embalmer (original) Krista Burns, Ardmore; Jason Rouk, Pryor, OK; The motion passed unanimously.
Motion by Dugger second by Temple to approve Robert Walter, Edmond. The motion passed unanimously.
Motion by Longanacre second by Walding to approve the following: Funeral Director (reciprocal) Brenda Prorok, Chetak, WI (WI) and Kenneth Kirkland, OKC. The motion passed unanimously.
Motion by Longanacre second by Walding to approve the following: Establishments:
Paul Thomas Funeral Home, Miami, Paul Thomas, FDIC request to close establishment; Paul Thomas Funeral Home, LLC, Miami, new establishment, Paul Thomas Funeral Home, LLC, owner, Paul Thomas requesting to serve as FDIC of multiple establishments (Commerce); Paul Thomas Funeral Home, Commerce, Paul Thomas, FDIC request to close establishment; Paul Thomas Funeral Home, LLC, Commerce, new establishment, Paul Thomas Funeral Home, LLC, owner, Paul Thomas requesting to serve as FDIC of multiple establishments (Miami), Stout-Phillips Funeral Home, Wewoka, request to change FDIC from Dennis Phillips to Brad Norman (Multiple locations, Wewoka and Holdenville), Hudson-Phillips Funeral Home, Holdenville, request to change FDIC from Dennis Phillips to Brad Norman (Multiple locations, Wewoka and Holdenville), Moore Funeral Home and Cremation, Moore, request to change FDIC from Riley Caster to Preston McCurtain; Smith-Gallo Funeral Home, Guthrie, request to change FDIC from Bobby Smith to Ben Gallo; Williamson-Spradlin Funeral Home, Wetumka request change of FDIC from Donnie Williamson to Jesse Pierce; Williamson-Spradlin Funeral Home, Weleetka request change of FDIC from Donnie Williamson to Cecil Cockman; and Arnold Moore & Neekamp Funeral Home & Cremation Service, Bartlesville, request to change FDIC from Jody Greene to Timothy Howell. The motion passed unanimously.
Motion by Walding second by Temple to approve the following subject to a letter being received by the Board from the FDIC or owner notifying the Board of the change; Lowell-Tims Funeral Home, Eldorado, request change of FDIC from Karlene Fulton to Terry Tims. Also requesting to be FDIC of multiple establishments (Altus & Eldorado) The motion passed unanimously.
Motion by Longanacre second by Temple to approve the following: Harvey-Douglas Funeral Home, Lone Grove, Brian Douglas notification of license renewal and re-open establishment. The motion passed unanimously.
Motion by Temple second by Longanacre to approve the following: Mallory Martin Wheeler Funeral Home, Sallisaw, Todd Martin, FDIC request name change to Agent Mallory Martin Funeral Home and Jefferson Funeral Home, Lawton, Toby Blackstar FDIC, request to close establishment. The motion passed unanimously.
Motion by Temple second by Longanacre to approve the following subject to a letter being received by the Board from the FDIC or owner notifying the Board of the change. Crematory; Lowell-Tims Funeral Home & Crematory, Altus, request to change FDIC from Karlene Fulton to Terry Tims. The motion passed unanimously.
Motion by Dugger second by Walding to dismiss 13-22 regarding the Removing of items from casket without permission. The motion passed unanimously.
Jeremy Sparks with the Oklahoma Funeral Directors Association reported that the annual convention will be held April 15-17, 2013. Also that OFDA is supporting Funeral Board Bills HB1826 by Armes and SB551 by Barrington.
The Committee of Funeral Directors and Embalmers charged with studying the needs of Oklahoma Funeral Service reported the following:
It is the committee’s finding that across our state there is an increasing number of funeral homes established and being established with clear motives other than professionally caring for the deceased and guiding their families through the grieving process.
It is also the findings of the committee, based on conversations with consumers that the consumer believes all funeral homes to be honest and trust worthy due to the honorable history of the funeral profession in Oklahoma. As Funeral professionals, we know this is not true; all funeral homes are not equal. We know that if a consumer shows us a guaranteed funeral contract for a 16 gage casket, steel vault and full services for 3400.00, the consumer is being maliciously misled. We know if a funeral home is advertising prices well under market prices, that funeral establishment is trying to build preneed files to make a quick sale of the funeral home and that the preneed’s will not be honored. Cases like this are not rare or hard to find and more are happening today, right now!
The mission of the Oklahoma Funeral Board is as follows, to act in the public interest, for the public protection and advancement of the profession within the police powers vested in the Board by the Legislature of the State of Oklahoma, entirely without appropriated funds. The Board shall serve as an informational resource on funeral service to the general public and members of the funeral profession.
It is the committee’s opinion that the Board should work to make the general public more aware that the board is a vital consumer protection agency.
The committee respectfully requests that the Board consider mandating that information about consumer protection and the Oklahoma Funeral Board contact information be handed out at every preneed and at need arrangement.
We also would recommend public advertisements. Any reputable funeral home across the state would be glad to lend a hand and run an ad in their local paper for consumer protection awareness. Make a consumer protection statement or link for funeral homes to post on their web sites.
We would also recommend that if a tip comes in from the field, the board should contact the family personally on behalf of the industry, to immediately resolve any wrong doing. If the tip from the field is unfounded, fine the funeral home that gave misinformation.
We must not allow a growing number of bad apples to tarnish the reputation of our industry which generations of Oklahoma funeral directors and embalmers continue to uphold. Public trust and the integrity of our industry are in serious risk.
Under legal update-Grant Moak updated the Board on the following: Banc First has
Thomas Brown and Sandra Brown in a foreclosure hearing. After the hearing
the leveraged property will be sold at Sheriff Sale. The Oklahoma Funeral
Board has a judgment against this property and will be entitled to the proceeds
after the sale. Mr. Moak is also working on finalizing the Green Hill Funeral
Home finalized order. With will be brought before the hearing officer for a
No New Business
Deputy Director Chris Ferguson reported that the Medical Examiner’s Office is in the process of developing an on-line permit system. Over the past two months Mr. Ferguson has received an uptick in complaints regarding the turn around time for permits. Mr. Ferguson assured the audience that Dr. Pfeifer and his staff are diligently working on permits and do understand that permits are time sensitive. The new on-line permits will be submitted close to the same format as ROVER.
Director Mark Riley reported that during the month of January, there was $43,333.04 of income after expenses created by receiving $72,578.03 in net revenue with $ 29,244.99 in expenses. For the year, the net income currently stands at $101,633.80. Continuing his report he noted that he has presented data and answered questions in front of the House and Senate regarding performance measures and agency operations. This legislative session the Funeral Board is following Senate Bill 551, and House Bills 1826 and 2269.
During the discussion on a public hearing on proposed Rules with vote to amend, reject or adopt the proposed permanent Rules the following was received: no written comments were received, Oklahoma Funeral Directors Association President Elect Jeremy Sparks provided the only oral comment noting the Association’s support of all of the proposed rules. A motion by Longanacre second by Dugger to approve the Rules as written passed unanimously.
The meeting was adjourned at 11:15am.