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MINUTES OF A REGULAR MEETING
OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
March 14, 2013
|J. Cooper||Mark Riley|
|Cindy Longanacre||Chris Ferguson|
|Mike Phenix||Martha Kulmacz, 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 Cooper, Longanacre, Phenix, Pickard, and Temple were present. Board member Dugger and Walding were absent.
Introduction of Martha Kulmacz was made. She will be the Funeral Board Assistant Attorney General.
Motion by Longanacre second by Temple to approve the minutes of the February 14, 2013 Board meeting. The motion passed unanimously.
Motion by Cooper second by Longanacre to approve the following: A request to amend a final consent order on Complaints 12-27 and 12-29. Respondents are requesting to change a final consent order that was issued on December 13, 2012 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 agreed Violations of 235:10-7-2 (9). The order will be amended to allow Mr. Harrison addition time to pay the final consent dated December 13, 2012 cost. The new order details a payment schedule. The motion passed unanimously.
Motion by Temple second by Longanacre to approve the following: Apprenticeship (original) Catherine Reed, Ninnekah, Smith FH, Anadarko, JohnMark Jenkins, Oklahoma City, Buchanan FS, OKC, and David Ramirez, Edmond, Smith & Kernke FH, OKC. The motion passed unanimously.
Motion by Cooper second by Temple to approve the following: Apprenticeship (1st extension) Fred Ross, Anadarko, Russworm FH, Watonga (UCO) and Richard Bowers, OKC, Smith & Kernke FD, OKC (UCO). The motion passed unanimously.
Motion by Cooper second by Temple to approve the following: Establishments:
Grant & Owens Mortuary, Ardmore, request to change name from Grant & Owens Mortuary to Owens & Hartwell Funeral Services and Mannsville Funeral & Cremation Services, Mannsville request to change name from Mannsville Funeral & Cremation Services to Owens & Hartwell Funeral Services. The motion passed unanimously.
Motion by Temple second by Longanacre to find probable cause on complaint 13-21 regarding removal of body from State without permit. The motion passed unanimously.
Motion by Temple second by Longanacre to dismiss complaint 13-23 regarding next of kin issues with cremation. The motion passed unanimously.
Jeremy Sparks with OFDA reported that the annual convention is April 18, 19, & 20 at the Hard Rock Hotel in Tulsa. Some of the leadership has returned from D.C. where they discussed social security and mass facility plans.
Discussion and possible action on a report from the committee of Funeral Directors and Embalmers charged with studying the needs of Oklahoma Funeral Service. A motion by Longanacre second by Cooper to approve the following report.
It is the consensus of the committee that the board should to take into consideration responsible reforms in the way the cremation process is handled in our great state.
The Number of cremations in the state has more than doubled in the last ten years and has not shown any signs of slowing.
The concerns are mainly in three areas; who is allowed to perform the actual cremation, the volume any one cremation facility is allowed to perform per day and the cremation permit process. It seems counter intuitive that a licensed funeral director must stay at a grave until the burial is complete but any individual on a funeral home staff can make positive I.D. of a decedent and preform the entire cremation process.
The second concern in regards to cremation is as the numbers of cremations continue to grow so do the chances of a tragic mistake for our industry and our state. The committee would ask for a review of what other states are doing in regard to the limit of cremations per day a retort or facility can responsibly handle.
The process we have for obtaining permits for cremation is appallingly broken. The current time to receive a permit is five to and often beyond eight days. What is a funeral home supposed to do with a growing number of decedents at their facility that they cannot embalm and they may not have cooled storage? More importantly, how is a family expected to grieve or have closure if they are made to wait for a permit before they can have a service or put their loved one to rest?
Regarding discussion and possible action on FY13 proposed Rules, a motion by Cooper second by Longanacre to approve the removal of the language regarding Military active duty renewal. (235:10-5-2. Military service exemption from payment of renewal fees.) The motion passed unanimously.
A discussion from Martha Kulmacz and Mark Riley regarding the final order on Green Hill Complaint 12-23 and the upcoming sheriff sale on the residential property of Tom Brown and the Board’s lien against the same.
Under new business a motion by Pickard second by Temple to approve the following: Apprenticeship (Original) Weston Webb, Edmond Matthews Funeral and Cremation Service, Edmond. The motion passed unanimously.
During the Deputy Director’s Report, Chris Ferguson spoke about the National Conference of Funeral Service Examining Boards that the Board staff recently attended. Twenty two jurisdictions were present and topics ranged from FTC compliance and what the FTC is looking for in funeral home inspections and many other national trending ideas that will be considered for future legislation. Regarding the Medical Examiners office Mr. Ferguson and Dr. Pfeifer are continuing to work on developing a computer program that the funeral home can submit cremation and out of state permits into and that program will feed into ROVER. Another option is working directly with ROVER to make the implantation.
During the Executive Director's Report, Mark Riley reported that during the month of February, there was -$19,380.82 income after expenses created by receiving $7,152.24 in net revenue with $26,533.06 in expenses. For the year, the net income currently stands at $82,232.41. Continuing his report he discussed Board Member training at the Conference of Funeral Service Examining Boards convention and presentations on establishing a national model practice act for funeral service. Mr. Riley also mentioned the University of Central Oklahoma Advisory Committee Meeting that informed the advisory committee of increasing enrollment and encouraging rates of first time passing of the National Board Exam. Further, he spoke on the status of the proposed statutory changes in HB 1826 and SB 551 and their status as being passed out of their respective houses of origin, but that the insertion of subpoena powers and nolo contendere pleas for felony or funeral service misdemeanor convictions were stripped after being informed that the bills would not be considered with the provisions included. Mr. Riley noted that these provisions were extensively vetted to the industry and that numerous other agencies have those powers and provisions and that it was peculiar that it would be an issue to grant that to the Funeral Board, but those matters can be reconsidered for later.
Regarding discussion and possible action on consent order concerning Complaint 13-06, Board v. Brown-Christian Funeral Home, Inc., Chickasha, a licensed Funeral Service Establishment, and Ricky Brown, the Funeral Director In Charge for alleged Violations of 235:10- 7-2 (9). Mr. Brown was present and was not represented by council. The Board accepted a consent order consisting of a $1,000.00 administrative penalty and re-assurance that the outstanding amount owed will be settled.
Motion by Pickard second by Phenix to adjourn the meeting at 11:08 A.M.
Oklahoma Funeral Board-President