MINUTES REGULAR BOARD MEETING
January 12, 2000

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on January 12, 2000, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present: Michael McGhee, President; Nancy Rorie, Vice President; Stuart Cozort, Harvey Leavitt, Elliott Futrell, Paul Harris, Darryl Hart.

Also Present: Andrew Ritter, Executive Director; and Michael Weisel, Attorney for the Board.

Others Present: Patricia Hayes, North Carolina Funeral Directors Association; and James Jorgenson representing Forethought Life Insurance Company.

President McGhee called the meeting to order and read the conflict of interest statement as requested by the Board of Ethics.  Mr. Harris gave the invocation.

Swearing-in Ceremony: Judge Michael Morgan swore in the following Board members:  Michael M. McGhee; Darryl J. Hart.

Mr. McGhee thanked Judge Morgan and presented him with a gift for conducting the swearing-in ceremony.  Judge Morgan thanked the Board for the gift and made mention of how honored he was that he was asked to take part in this occasion.

Mr. Futrell gave Judge Morgan a brief summary of the Board’s history, which began in New Bern, Judge Morgan’s hometown.

Minutes: Nancy Rorie asked the Board to review the minutes which were included as a part of the packet since they were not mailed prior to the meeting.  Elliott Futrell made a motion that the minutes be approved with corrections noted; motion seconded and approved.

President McGhee thanked and presented to Mr. Hart, the Board’s past president, a token of appreciation for serving as President of the Board in 1999.  President McGhee commented on the importance of the committees and reports they present to Board.  He suggested the Continuing Education review their programs for repetition within a specified time.  He would like to see the Legislative Committee review the current rules and regulations carefully and the Preneed Committee get started on the development of the preneed manual for licensees.

President McGhee then called for the following Committee Reports:

Trainee: Elliott Futrell introduced Michael Landon of Fayetteville Technical Community College and asked that he make comments and answer any questions regarding the training video.  Mr. Landon reported to the Board that Media Services Department and Fayetteville Tech would not charge for the production of the trainee video.  It was copyrighted so that it could not be changed without Fayetteville Technical Community College’s permission.  They will offer the Board a source for duplicating the video if the Board decides to distribute it.

After some discussion, Elliott Futrell made a motion the video be included with the Resident Trainee packet when they register with the Board and that the importance of watching this video be emphasized to the trainee.  Nancy Rorie seconded.  After discussion regarding time involved with the reproduction and mailing of the video, the motion was approved.

Mr. Futrell made a motion that exam dates for 2000 on June 13 and September 12 be accepted.  Motion seconded and passed.  He then requested a short Committee meeting after the Board meeting.

Finance: Stuart Cozort made comments on the Financial Report for November 30, 1999 that was distributed to the Board members.  Mr. Futrell made a motion the report be accepted, seconded by Mr. Leavitt and the motion passed.

Association Liaison: Mr. Harris reported the conversations and correspondence with the Association had been cleared up.

Preneed: Mr. Harris reported the Committee had met earlier and rejected two submittals and had taken another under advisement for further discussion.  He had been asked to tell the Board that Mr. Swaringen had asked to be recused from any further consideration and discussion regarding SCI forms.

Mr. Harris had two issues that had been brought to the Committee’s attention.  The first is the “30 Day Free Look” offered by the insurance company when using an irrevocable preneed contract.  This seems to be in opposition to each other.  The Committee recommends a letter be sent to the Department of Insurance stating the Board’s concerns.  The Committee feels like that is the limit of the Board’s authority.

Mr. Harris further explained that their concern for the “30 day free look” is on an irrevocable preneed contract funded by an insurance policy that has not been approved and could be rejected by the insurance company.  Attorney Weisel went into a more detailed explanation and after discussion with the Board, a recommendation and motion was made by Mr. Harris and seconded by Mr. Leavitt that a letter be sent to the Department of Insurance stating the Board’s concern.  Motion passed.

The second issue is the FTC’s letter to the Board regarding the line “Facilities and related staff charges” on the Statement of Goods and Services form.  This has already been corrected at the printer and on the preneed diskette.  Mr. Harris made a motion that this line be “blacked out” or struck from the form and that the licensees be made aware that they should do this prior to mailing it in to the Board’s office and that the forms with that line being marked out will be accepted as long as that line is left blank.  The motion was seconded and passed.

Mr. Cozort made a motion the Board enter into closed session, seconded by Mr. Futrell; motion carried.  Upon proper motion, the Board returned to open session.

Upon returning to open session, Mr. Harris reported that the Committee recommends the conditional approval of Forethought Insurance Company’s preneed contract and goods and services forms specifically contingent upon voluntary dismissal by Forethought of their litigation with prejudice and submission of the final forms to the Board of Mortuary Science with the North Carolina Board of Mortuary Science form number printed on it.  Mr. Cozort seconded; motion carried.

Disciplinary: Ms. Rorie distributed the Disciplinary Committee report.  Stuart Cozort made the motion to accept the report; seconded by Mr. Hart; motion carried.

Ms. Rorie called upon Mr. Weisel to present the consent order reports.  Mr. Cozort made a motion to finalize the consent orders; seconded by Mr. Futrell; motion carried.

Mr. Weisel reported on the F. W. Newton & Sons Mortuary consent order.  Several extensions had been given the firm.  The consent order had been signed and the $1000 compromise penalty would be accepted.  Since payment has not been received, it is the Board’s pleasure as to whether to pursue this or not.  Mr. Futrell made a motion that if the money is not received in the Board’s office by 5:00 p.m. today, the original consent order be honored and the funeral home’s license suspended.  Mr. Hart seconded and motion carried.

Mr. Leavitt made a motion the Board go into closed session regarding personnel matters; seconded by Mr. Cozort; motion carried.  Upon proper motion, the Board returned to open session.

Mr. Leavitt commended the Executive Director for the good job and all the work he has done and his compensation appropriately reflects the recommendation of the Personnel Committee.  Ms. Rorie seconded; motion passed.

Executive Director’s Report: Mr. Ritter attended a licensing Board luncheon in December with the Director of the Board of Ethics speaking.  Governor Hunt issued an Executive Order to “pump some life” into the Board of Ethics which governs Board Members for State Entities.  The Board of Ethics Executive Director will be speaking at the March meeting and be available for questions.  Mr. Ritter reported that only Board members appointed by the Governor are subject to the Board of Ethics.  The Board is considered a minority board since we have three public members and six elected members.  Majority boards have more appointed members than elected members.  Even though the Board’s elected members are not actually subject to the BOE, they are responsible for following the guidelines.

Attorney’s Report: Mr. Weisel responded he had nothing else to add to his prior comments.

There was no old business.  Paul Harris added to his Association Liaison Report that the North Carolina Funeral Directors Association had voted to pursue the minimum standards for transportation and transport service and will pursue legislation and inquired as to support.  Mr. McGhee stated that he believed at a prior Board meeting we had already given the Board’s support to this pending seeing the actual written document.

There being no further business, the meeting adjourned.

	Michael M. McGhee, President
	Paul Harris, Secretary