REGULAR BOARD MEETING
MINUTES
February 14, 2001
The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on February 14, 2001, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.
Present: Nancy Rorie, President; Harvey Leavitt, Secretary; Elliott Futrell; Stuart Cozort; Darryl Hart , Julia Jordan, P. Alex Lee.
Also Present: Andrew Ritter, Executive Director; and Michael Weisel, Board attorney.
Others Present: Louis Bennett, Dan Shackleford, Larry Stegall and Patricia Hayes.
President Rorie called the meeting to order and read the conflict of interest statement as requested by the Board of Ethics. President Rorie and Stuart Cozort recused themselves from the Board Hearing.
Ms. Rorie then turned the meeting over to Mr. Leavitt who then opened the Public Hearing for North Carolina Board of Mortuary Science vs. Hart Funeral Home, Rocky Mount, M00-007. There was a quorum present. Mr. Weisel, counsel for the Board, was present. Neither Mr. Hart nor his counsel was present and that was noted for the record. Mr. Leavitt began the hearing. At this point of the proceedings Mr. Otha Hart showed up and Mr. Leavitt re-started the hearing. The Board listened to arguments from both parties (transcripts to be attached when ordered at the conclusion of the hearing). Mr. Darryl Hart made the motion to go into closed session to take disciplinary actions against a licensee. Mr. Lee seconded and motion carried.
Upon proper motion, the meeting reconvened in open session. Mr. Lee made the motion to suspend the preneed sales license and preneed establishment license of Mr. Otha Hart and Hart Funeral Home, Rocky Mount, for five years, renewable upon meeting Board requirements. Ms. Jordan second and motion carried.
The regular Board meeting resumed and President Rorie and Mr. Cozort retook their seats.
Mr. Leavitt asked that the minutes, having been previously distributed, be accepted. Mr. Hart made one correction changing CE Committee to Trainee Committee. Mr. Cozort made the motion and Mr. Lee seconded. Motion carried.
Finance: Mr. Cozort presented the Finance Report. He comments included Salomon Smith Barney account having a 6.08% yield for the year.
Preneed: Mr. Ritter stated he had spoken to Mr. Harris, the preneed chairman who was absent from the meeting, and there was no report for the month.
Disciplinary: Mr. McGhee distributed the 1-30-01 report. Mr. Cozort made the motion to accept the report as presented and Mr. Leavitt seconded. Motion carried.
Crematory: Mr. Louis Bennett was present to discuss the proposed changes in legislation and, in particular, the changing of the words Mortuary Science in the statute and Board name.
Laws & Rules: Mr. Leavitt passed out the most current proposed legislation rewrite and made comments regarding the changes made. The crematory section was not included since that will be addressed at a later time. The Laws and Rules Committee offered the following items.
1. The legislation should to be introduced as two items: One; funeral changes and two; cremation changes.
2. The Crematory Authority dissolution should go with the Cremation changes.
3. The “name change” of the Board should be included with the Crematory package so if the Crematory package is not accepted, the name change won’t have to be “backed out.”
4. The legislation should be introduced to the House and Senate simultaneously as soon as possible. Suggestions were needed as to who should introduce it.
Discussion ensued. Mr. Leavitt turned discussion over to Mr. Weisel who suggested Senator Aaron Plyler to introduce it on the Senate side and Representative Brodeur on the House side.
Mr. Lee had questions and comments regarding the wording in the Transportation section, which was responded to by Mr. Weisel. Mr. Leavitt recommended that the report and recommendations be accepted and to proceed as quickly as possible. The Board will respond to Mr. Ritter by Friday, February 16, 2001, with any questions or comments regarding the rewrite. Mr. Hart made the motion to approve and report and Mr. Cozort seconded. Motion carried.
Executive Director’s Report: Announcement cards will be mailed next week for the March 13 seminar at UNC, Chapel Hill, sponsored by the Board, NCFDA and NC&MA of NC. The December CE program was a success and the excess revenue will be divided among the Board, NCFDA and NC&MA of NC. Mileage has increased to $345 per mile. The NC Cremation Association annual meeting will be in Pinehurst on March 6 and 7. The ICFSEB meeting will be April 6-10 in Tampa. Board members must respond to Mr. Ritter by March 23 if they wish to attend. The next Board newsletter will include the names of those not renewing in a timely manner their licenses. The figures to date are as follows:
Total licensees 2,334 Not Renewed 101 Inactive 177
Total funeral homes 705 Not Renewed 17
Preneed Establishments 627 Not Renewed 39
Attorney’s Report: No further comments.
Unfinished Business: Mr. Futrell asked Mr. Ritter for an update on the Pamela Rose Massey Resident Trainee request. Mr. Ritter responded that Fayetteville Tech had been told by the Community College Board to accept the school. Since they will be accepting the school, the Board will also accept it but no paperwork has been sent to the Board to date confirming this acceptance.
Mr. Futrell inquired about the Board policy on Board member travel. President Rorie responded that she did not think there should be a limit on what a Board member could attend but it should be worthwhile to the Board. Mr. Ritter stated he would see if there was a Board policy.
The Board of Mortuary Science v Sanders and Brewing Funeral Home hearing was cancelled due to scheduling conflict.
Mr. Lee requested that the Annual Report for 2001 be set up alphabetical by beneficiary name since it was difficult to verify contracts on the 2000 Report. Mr. Ritter will have this corrected for next year’s report.
Mr. Leavitt asked Mr. Weisel to update the Board on the Crown Memorial case. Mr. Weisel reported that it had been turned over to the Mecklenburg Superior Court Judge. A motion is pending in the court regarding discovery matters that Crown Memorial was refusing to provide. As soon as this was provided, then the litigation will proceed.
New Business: None
There being no further business, Mr. McGhee made the motion to adjourn, seconded by Mr. Futrell. Motion carried.
Nancy G. Rorie, President
Harvey Leavitt, Secretary