REGULAR BOARD MEETING
MINUTES
January 10, 2001
The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on January 10, 2001, 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; Jimmy Swaringen; Paul Harris, Secretary; Elliott Futrell; Stuart Cozort; Darryl Hart , Julia Jordan, and Harvey Leavitt.
Also Present: Andrew Ritter, Executive Director; and Michael Weisel, Board attorney.
Others Present: Kelly Clements, Dan Shackleford, Steve Bryan, Jody Tyson, Mary Lee, Harold Massey, Rose Massey, Philip Kirk.
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. No one recused themselves at this time.
Mr. Leavitt made the motion to go into Executive Session to discuss personnel matters. Mr. Cozort seconded and motion carried.
Upon proper motion, the meeting reconvened.
Mr. Leavitt made the motion to accept the recommendations made by the Board regarding the Personnel matters. Ms. Jordan seconded. Motion carried.
Mr. McGhee called for the Disciplinary Committee Report.
Disciplinary: Ms. Rorie made the motion for the Disciplinary Committee recommending a hearing regarding the findings of the Administrative Law Judge on Case V99-010 and Case V99-070. Ms. Jordan seconded. Motion carried.
Mr. McGhee then turned the gavel over to Ms. Rorie, the new Board President. Ms. Rorie made comments and presented Mr. McGhee with a gift thanking him for the good job he had done as President in 2000. Ms. Rorie then introduced and welcomed F. Don Rohrbaugh, Mayor of Garner, to swear in new member P. Alex Lee, Jr. and re-elected member W. Paul Harris (copies attached).
Mr. Harris asked that the minutes, having been previously distributed, be accepted. Mr. Cozort made the motion and Mr. McGhee seconded. Motion carried.
Mr. Ritter reported that the request to appear from Tom Pugh had been cancelled due to illness and Mr. Pugh did not plan on rescheduling.
Mr. Philip Kirk then appeared before the Board on behalf of Pamela Rose Massey and her request to become registered as a trainee and Mr. Harold Massey’s correspondence with the Board regarding this request. Ms. Massey was requesting that her correspondence school be counted for the statutory requirement in regards to high school education. After discussion and questions, the request to accept her correspondence school diploma and was still denied; however, this matter was turned over to the Trainee Committee for further review and a response at the next Board Meeting.
Ms. Rorie thanked the Board Members for accepting the Committee assignments for the year. Mr. Ritter noted that Mr. Lee’s name had been omitted from the Clinic Committee. Ms. Rorie requested that on the committee descriptions sheet, the Trainee Committee description be given more detailed explanation. Mr. Ritter will take care of this.
Ms. Rorie then made the motion to go into Executive Session to discuss pending litigation. Mr. Cozort seconded and motion carried.
Upon proper motion, the meeting reconvened.
Mr. Harris made the motion that in light of the Attorney General’s opinion on NC 90-210.25(e)(1)(f) that the North Carolina Board of Mortuary Science more narrowly interpret the existing statute in that it does not prohibit discounts of Certificates of Credit directly to the consuming public. Mr. Cozort seconded. Mr. Harris, Mr. Cozort, Ms. Jordan, Mr. Hart voted yes. Mr. Leavitt, Mr. McGhee, Mr. Lee and Mr. Futrell voted no. Due to the tied vote, Ms. Rorie as Board President, voted yes and the motion carried.
There was no Crematory Report although the Crematory Association had reviewed Harvey Lapin’s update and had submitted a letter not supporting the proposed statutory changes.
Attorney’s Report: Mr. Weisel turned the meeting over to Mr. Harris who then opened the Public Hearing for North Carolina Board of Mortuary Science vs. Hunter’s Funeral Home, Inc. V99-010, M99-021, V99-069 and V99-070. There was a quorum present. Ms. Rorie, Ms. Swaringen and Mr. Cozort did not participate since they were members of the Disciplinary Committee. Mr. Harris read the Governor’s Order 127 regarding conflict or appearance of conflict of interest statement and none was noted. Mr. Weisel, counsel for the Board was present. Neither Mr. Hunter nor Mr. Hunter’s attorney was present. Mr. Harris presented the review of the case and called for any motions. Mr. Weisel had no motions. Mr. Weisel presented the case and asked for the Board to agree with the Administrative Law Judge’s decision that Hunter’s Funeral Home’s preneed license and Julius Hunter’s embalmers license be revoked and all preneed contracts be transferred from Hunter’s Funeral Home. Licensee and Counsel were not present to rebut. Mr. Weisel concluded the case. Mr. Harris again noted that no counsel or respondent were present. Mr. Harris then announced V99-010, M99-021, V99-069 and V99-070 cases were now closed. Mr. Futrell made the motion to accept decision made by the Administrative Law Judge. Mr. Hart seconded. Motion passed and the Public Hearing was closed. Mr. Weisel had no further report.
Old Business: None
New Business: None. Mr. McGhee had questions concerning non-licensed guests coming to seminars with the funeral service licensees when there was a body present. Ms. Rorie asked the CE Committee to respond to this before the next seminar in April. Mr. Ritter informed the Board that 1900 (70%) of the licensees and 550 (70%) of the funeral homes had renewed to date. The Board would have a newsletter out by the end of the month. Mr. Harris requested more newsletters be sent out and the current one be held until February so all non-renewals could be printed. Mr. Ritter stated it would be held. Mr. Ritter commented the 1:00 p.m. Public Meeting was for accepting comments only. The Board then adjourned for the Open Meeting to be held at the McKimmon Center. (Minutes attached.)
Nancy G. Rorie, President
Harvey Leavitt, Secretary