MINUTES REGULAR BOARD MEETING
February 9, 2000

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on February 9, 2000, at 10:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

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

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

Others Present: Patricia Hayes, North Carolina Funeral Directors Association.

Mr. Cozort gave the invocation.

President McGhee called the meeting to order and read the conflict of interest statement as requested by the Board of Ethics.  Mr. Swaringen recused himself from one disciplinary matter.

Mr. McGhee expressed the Board’s sympathy to Mr. Hart in the death of his father.

The minutes having been previously distributed, Mr. Futrell made a motion to dispense with the reading of the minutes and that they be approved as written; seconded by Mr. Cozort.  The motion carried.

Mr. McGhee called for the Committee Reports.

Trainee: Mr. Futrell asked Mr. Ritter to give a report on his findings regarding the training videos.  Mr. Ritter reported a vendor had been selected and the videos will be ordered shortly.  These videos will be sent to each current trainee and any new registrant with the Board at a cost of approximately $2.25, which includes packaging and labeling.

Finance: Mr. Cozort made comments on the Financial Report for December 31, 1999.  Mr. Futrell made a motion the report be accepted, seconded by Mr. Leavitt and the motion passed.

Mr. Cozort then reported on a study that had been made to adopt as policy an investment program for Board funds.  Mr. Cozort stated that is was decided that Board funds be invested in securities which are federally insured by the FDIC and guaranteed by the full faith and backing of the U. S. Government.  Those investments will be comprised of CD’s, T-Bills and notes that would be maturing at various intervals.  Mr. Ritter commented that he had spoken with the auditor and this is the procedure that needs to be taken with these funds.  The Executive Director and President or Chairman of Finance Committee would be required to sign on this account.  Mr. Swaringen made a motion to accept this as policy; seconded by Mr. Futrell; motion carried.

Disciplinary: Ms. Rorie distributed the Disciplinary Committee reports.  Mr. Weisel made comments and recommended changes to Item 3.  Mr. Futrell made the motion for approval of M99-046, M00-005, M00-030, V99-069 and V99-070; seconded by Mr. Hart.   Motion carried.  Mr. Futrell made the motion for approval of M00-003 with the recommended changes; seconded by Mr. Hart; motion carried.  Mr. Swaringen abstained from the vote.

Preneed: Mr. Harris reported that the Preneed Committee had met earlier and the following had been determined.  Approval of all forms submitted by Groce Funeral Home, which included goods and services and contract forms.  One preneed form had been rejected.  A licensee had made request to review the five-day refund rule on an insurance policy.  The Committee denied this request.  The Travel Protection Plan copy would be required on preneed contracts.  Contract amendments should include a new goods and services form if that has been changed.  Preneed contracts received in the office during January on the new forms were being returned for reasons such as all copies were not being presented when filed, incomplete signatures, blanks not being checked.  Mr. Harris stated these were all minor problems but problems that needed to be addressed.

Mr. Harris made a motion that the Board reinstate to the preneed contract the Distant Service provision as called for in the rules.  Mr. Cozort seconded.  Discussion followed with Mr. Harris explaining this provision was originally on the first Board contracts but had been omitted on the later ones.  Mr. McGhee called for the vote and the motion passed.

Mr. Harris made a motion that the Board send a letter to American Memorial Life Insurance Company informing them that it was beyond their scope of authority regarding their attempt to instruct a licensee of this Board on how to complete preneed contract forms.  Mr. Cozort seconded.  Discussion followed.  Mr. McGhee called for the vote and the motion passed.  Mr. Swaringen abstained from the vote.

Continuing Education: Mr. Hart reported in a very detailed explanation about one very unique case that a licensee needed thirty more minutes of credit for the year.  He had attended a class that had not been given the required 30-day in advance Board approval.  Because of the very extenuating circumstances of this case, approval had been given for a class in funeral ethics given through Fayetteville Community Technical College satellite program.  However, the late fee would be paid.  Mr. Swaringen asked if other licensees that had waited until the 10^th month to get their CE’s for year had been made aware of available alternatives to classes that had been cancelled because of the bad weather.  Mr. Hart said yes and they too will have to pay the late fee.  Mr. Cozort made motion the report be accepted; seconded by Ms. Rorie; motion carried.

Mr. McGhee asked if there were other committee reports.

Laws and Rules: Mr. Swaringen stated along with Mr. Harris and Mr. Hart, they will get the process started for the laws and rules review.  They should be ready by the end of the year for presentation.  They would like the Board and staff to assemble a list of concerns and questions they would like to see addressed.  Mr. McGhee noted he would like the process to be in detail so everything would be covered during this review.  Mr. Swaringen commented this would not be a re-write but an update to delete any unnecessary wording or to add rules that may need to be added to accommodate the current practices.

Mr. Weisel recommended that the Board encourage an open forum for the licensees of the Board to submit orally or in writing any changes they would like to see.

Mr. Swaringen stated these forums should be scheduled before rules are actually published with the State Register since once they are published, it’s too late for any changes.  Mr. McGhee stated advance notices will be given to the licensees.

Association Liaison: Mr. Harris reported that in the Association’s last newsletter the words “with prejudice” had been inadvertently omitted from their article.  Mr. Stegall will get the information to their members in the next newsletter with the explanation of what “with prejudice” means.

Executive Director’s Report: Mr. Ritter gave a brief update of the Forethought lawsuit.  He reported that on next month’s financials there will be separate line items showing the total cost of this law suit.

A display will be opening at the North Carolina Museum of History on March 7 and extending through the next Board meeting entitled “Remember Me When I’m Gone.”  Mr. Ritter reported he will get the details and the Board will view this display after their regular meeting.

The North Carolina Funeral Directors Association has extended the Board a complimentary space for a booth at the May 15 – 17 Charlotte convention.  Mr. Leavitt made the motion to accept the offer; seconded by Mr. Hart.  Motion carried.

The North Carolina Funeral Directors Association Board of Director’s will meet in Southern Pines on March 7 at and has invited Mr. Ritter to speak and give an overview of the Board for last year and the coming year.  Mr. Ritter has accepted and Mr. Harris as Board Liaison will be attending also.

Mr. Ritter reported the Board newsletter would be mailed today.

Mr. Ritter reported that ICFSEB had mailed the Board copies of the 2000 Directory and the Regulations in Licensing Continuing Education/Preneed booklets.

Attorney’s Report: Mr. Weisel distributed the Mutual Burial Association Request for Voluntary Dissolution and Order of Liquidation forms to the members.  An explanation of the forms and the process for dissolution was given.  Mr. Cozort made a motion the forms be approved and adopted; seconded by Mr. Swaringen.  Motion carried.

Old Business: Mrs. Jordan thanked the Board for the cards, flowers and prayers she received during her daughters’ illness.

New Business: None

There being no further business, the meeting adjourned.

	Michael M. McGhee, President
	Paul Harris, Secretary