MINUTES REGULAR BOARD MEETING
April 11, 2000

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on April 11, 2000, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present: Michael McGhee, President; Paul Harris, Secretary; Darryl Hart; Jimmy Swaringen; Elliott Futrell; Stuart Cozort and Julia Jordan.

Also Present: Andrew Ritter, Executive Director; and Michael Weisel, Board attorney.

Others Present: Patricia Hayes.

Mr. McGhee presented Board employee Elizabeth Stegall with a gift in recognition of ten years of service to the Board.

Mr. Hart gave the invocation.

President McGhee called the meeting to order and read the conflict of interest statement as requested by the Board of Ethics.  No one recused themselves at this time.

Mr. Harris asked that the minutes, having being previously distributed, be accepted as submitted.  Mr. Cozort made the motion.  Mr. Hart seconded.  Motion carried.

Mr. Cozort presented the Financial Report. Legal expenses are up slightly and revenue figures are high because of renewals but that number will even out over the course of the year.   More funds will be invested in CD’s at a later date.  Mr. Swaringen made the motion to accept the report.  Ms. Jordan seconded.  Motion carried.

Mr. McGhee then called for Committee Reports.

Preneed: Mr. Harris presented the Activity Report which included information on the number of preneed contracts filed.

Disciplinary: Mr. Swaringen distributed the Report. Mr. Harris recused himself from Item V009-019 and Mr. Futrell recused himself from Item M00-009.

Mr. Swaringen made the motion to accept the recommended action on Items V99-036, V99-045, V99-052, V99-066, V99-071,  M99-030 and M00-010.  Mr. Cozort seconded.  Motion carried.

Mr. Swaringen made the motion to accept the recommended action on Item V00-019.  Mr. Cozort seconded.  Motion carried with Mr. Harris not voting.

Mr. Swaringen made the motion to accept the recommended action on Item M00-009.  Mr. Cozort seconded.  Motion carried with Mr. Futrell not voting.

Mr. Swaringen recommended the acceptance of the consent order for Johnson Funeral Home and Edgecombe Community Funeral Care of Rocky Mount with all items being in compliance for Item M00-007.  Mr. Hart made the motion.  Mr. Cozort seconded.  Motion carried.

Mr. Swaringen recommended the acceptance of the consent orders Horton Funeral Home and William Rockne Horton of Sanford for Item V99-020.  Discussion ensued.  Mr. Futrell made the motion.  Mr. Hart seconded.  Motion carried.

Mr. Swaringen made the motion in regard to next year’s at need and preneed renewals that the same procedure used for non-renewals this year (which is by consent order with the following provisions for at need: Apply for licensure and not conduct any funerals until the license is approved; or accept the Consent Order which contains the following provisions: admission of failure to pay the renewal on a timely basis; admission that funerals have been conducted from February 1, until the date the Consent Order is signed; payment of a renewal fee of $150.00; payment of a late fee of $100.00; payment of a fine of $500.00 for conducting or operating a funeral establishment without a license and completion of the renewal application and for preneed: cease all preneed sales; if ten percent (10%) has been retained under N.C.G.S. 90-210.61(a)(2), it must be repaid to the account of the beneficiary; transfer all unperformed preneed funeral contracts and any amounts retained to another preneed establishment) be implemented on February 1, 2001 and annually thereafter.  Mr. Futrell seconded.  Motion carried.

Continuing Education: Mr. Harris reported on the Seminar held at the McKimmon Center April 11.  Ninety-two licensees attended the program and the program was well received.  A reservation has already been made for the December seminar and a tentative speaker selected.

Mr. Hart reported that his committee had met earlier and several items discussed.  The revamping of CE programs will be presented at a later meeting.

Personnel:  Mr. Cozort made a motion to go into closed session for the purpose of discussing a personnel situation.  Mr. Futrell seconded.  Motion carried.

Upon proper motion, the Board returned to open session.

Executive Director’s Report: The Crematory Authority met April 5 but there was not a quorum so no business was discussed.  Jackie Ritter has resigned and Aaron Neumeyer has been suggested as a replacement.  He will be voted on at their next meeting. 

Mr. Ritter, Mr. Weisel and Ms. Virginia Harris attended the Mutual Burial Association Legislative Research Committee meeting in March.  Mr. Ritter reported on the meeting.

Ms. Harris has suggested that the MBA assessment fee be reduced from fifty cents per member to forty cents per member.  This reduced amount will not affect the budget for the year.  Mr. Swaringen made the motion to reduce the amount.  Mr. Cozort seconded.  Motion carried.

The North Carolina Funeral Directors Association has offered the Board a booth at their convention in Charlotte on May 15 – 17^th.  Mr. McGhee and Mr. Ritter will be attending.  Mr. Ritter will register the Board members for the convention.  Mr. Swaringen suggested having a phone line and computer set up in the booth to show the Board’s website.

Discussion ensued regarding the Board’s website including what items should be included or excluded.

The NCFDA has requested an opinion on whether DNA sampling should be performed by an embalmer and in an embalming room.  After discussion, the Board determined they have no opinion on this matter because it is not referred to in the rules and statutes.  Mr. Ritter will inform the NCFDA by letter.

Mr. McGhee has suggested the October and November Board meetings be combined and held On October 31 and November 1.  This will be the Election Board Meeting.

Attorney’s Report: Mr. Weisel reported he had nothing to add to the previous discussions.

Old Business: None

New Business: Mr. Swaringen made a motion that a retreat be scheduled for the study of the laws and rules and that two representatives from both associations and two representatives from the Crematory Authority attend.   Mr. Cozort seconded.  Discussion ensued.  Motion passed.  Mr. Ritter will make arrangements for the retreat to be held July 9 – 11.

Mr. Futrell suggested items to be included on the Website and  had questions regarding memorial societies and internet funerals.  It was discussed that memorial societies could not sell previous unless it was through a licensed funeral establishment.  The Board directed staff to monitor how memorial societies are advertising.

There being no further business, the meeting adjourned.

	Michael M. McGhee, President
	Paul Harris, Secretary