REGULAR BOARD MEETING

MINUTES

 May 9, 2001

  The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on May 9, 2001, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

 Present:  Paul Harris, Vice President, Harvey Leavitt, Secretary; Elliott Futrell; Stuart Cozort; Darryl Hart; Michael McGhee; and P. Alex Lee.

 Also Present:  Andrew L. Ritter, Executive Director; and Jack Nichols and Michael Weisel, Board attorneys

 Others Present:  Patricia Hayes, Louis Bennett, Keith Green, Mark Henderson, Angela Long Carter, Hugh Sanders and John P. “Jack” O’Hale.

 In the absence of President Nancy Rorie, Vice President Harris called the meeting to order.  Darryl Hart gave the invocation.

 The Board then held the hearing for the Board of Mortuary Science v. R. L. Sanders Funeral Home,  Hugh Sanders, Demetrice Brewington.  (Transcripts to be attached upon completion.)  Upon conclusion of the hearing, Mr. Harris called the regular Board meeting to order.

 Mr. Leavitt then asked the Members to read the minutes from the March 14, 2001, meeting.  Mr. Cozort made the motion to approve the minutes as submitted with the exception of one minor correction to change the word Mr. To Ms. and Mr. McGhee  seconded.  Motion carried.

 Mr. Harris called for Committee Reports.

 Finance:  Mr. Cozort stated the legal fees were higher because of the number of hearings conducted and the contracted services were higher because of the services of Harvey Lapin.  Mr. McGhee made the motion to accept the financial report and Mr. Futrell seconded.  The motion carried.

 Mr. Ritter introduced the Board’s new employee, Mark Henderson, General Counsel, to the Board members.  The Personnel Committee consisting of Nancy Rorie, Elliott Futrell and Stuart Cozort had met with the candidates and Mr. Henderson was the attorney offered the position.  His employment will begin May 21, 2001.

 Preneed:  Mr. Harris stated the Preneed Committee had met prior to the Board meeting and had several items for consideration. 

 The Board had received a letter from a funeral home that had raised the issue of insurance companies cash surrendering insurance policies without notifying the funeral home that is the owner and/or beneficiary of these policies.  This matter will be referred to the Department of Insurance.

 The Board had received a request from a funeral home regarding interest checks made payable to the funeral home for an insurance company that had changed from a mutual company to a stock company.  These interest checks were from $3.00 to $8.00 and the funeral home was requesting assistance on how to handle these checks.   The Committee decided to allow the funeral home to endorse or cash the checks and give the money to the family or if they have a trust contract, these funds will be placed in that account.  In addition, the Preneed Committee decided that similar scenarios will be treated on a case by case basis.

 Ruth Britt had submitted to the Committee a draft for review of a Preneed Contract Amendment form and a contract transfer form.  Mr. Harris commended Ms. Britt on developing these forms and will update the Board on the progress of the Committee’s review.

 Mr. Cozort made a motion to accept the preneed report.  Mr. Hart seconded and the motion carried.

 Disciplinary:  Mr. McGhee presented the report for review.  Mr. Cozort made the motion to accept the report and Mr. Leavitt seconded.  Discussion ensued.  Mr. Harris called for the vote and the motion passed.

 Crematory:  Mr. Futrell turned the report over to Mr. Ritter for a quick synopsis of the statute progress.  Mr. Ritter informed the Board the statute was ready.  Louis Bennett of the Crematory Authority and Keith Green of the North Carolina Crematory Association were in attendance and available for any questions they Board may have.  After discussion Mr. Cozort made the motion to defer the vote on acceptance of the statute until an Open Meeting is held.  Mr. Futrell seconded and the motion carried.  Mr. Ritter will make arrangements with McKimmon Center to hold the meeting on August 15, July 11 or October 10 and will let the members know which date is available.

  Laws & Rules:  Mr. Leavitt deferred the meeting to Mr. Ritter to discuss HB 440.  Mr. Ritter stated the bill had passed the House.  He and Mr. Weisel along with Jon Carr, Counsel for the North Carolina Funeral Directors Association, had attended several meetings concerning this bill.  Changes had been made specifically the “Dale Earnhardt” amendment that does not allow pictures of a dead human body without the permission of the family or next of kin’s approval.  Also, there were changes to the trainee section that Mr. Weisel explained.  Senator Brad Miller will shepherd this bill through the Senate.  Mr. Futrell made the motion to accept this Laws & Rules report, seconded by Mr. McGhee.  The motion carried.

 Executive Director’s Report:  Mr. Ritter reported he had several items to report.  President Rorie had requested the members attending the International Conference give a review of the conference and the educational value of the trip.  Comments were the continuing education courses were better, the “breakout” sessions were better, North Carolina funeral law was so much better than other states, increased interaction with the educators, better format of joining up with educators and their issues.  Additional comments and discussion ensued regarding how other states compared with North Carolina laws and rules.  A policy manual would be developed by the Board on their past positions and how they relate to current policy.  Ms. Rorie had appointed an ad hoc committee of Mr. Futrell, Mr. Cozort and Corrine Culbreth to review the minutes and develop this manual.  The North Carolina Funeral Directors Association convention in Wilmington was approaching and Mr. Ritter, Ms. Rorie and Mr. Henderson would be attending along with any other Board members that are available.  The Funeral Directors & Morticians Association of North Carolina convention in Winston-Salem will be June 18 – 21 and Mr. Ritter had been invited to speak at a forum on the June 18.  Board members were also invited to attend.  The CLEAR Conference dates in San Antonio, Texas, are September 13 – 15, 2001.  Room reservations should be made and Mr. Ritter requested members to inform him if they will be attending. The Mutual Burial Association assessment or the year needed to be set and Virginia Harris had recommended $.35 be the amount.  Mr. Futrell made the motion to set the fee at $.35 and Mr. Leavitt seconded.  Discussion ensued.  Mr. Harris called for the vote and the motion carried. Expense checks for this meeting will reflect the deduction for the Conference dinner meal in April.  Ms. Rorie had requested Mr. Ritter to announce the President’s Dinner will be held at Vinnie’s on Six Forks Road December 11 at 7:30.  The checks for the March joint continuing education seminar in Chapel Hill with the FD & MA of NC, Inc., and NCFDA and Board will be issued after the meeting today.  Since there was more expense involved with this seminar, checks to the NCFDA and FD&MA of NC would be approximately $110.  Mike Landon with Fayetteville Technical Community College had contacted Mr. Ritter regarding making copies of our law book for the their funeral students only.   Mr. McGhee made a motion to give Mr. Landon law books for his student’s to use.  Mr. Cozort seconded and the motion carried.

 Attorney’s Report:  Mr. Weisel made comments regarding his firm’s appreciation to the Board for their business relationship.   Mr. Weisel had one “housekeeping” matter.  The Board needed to make a motion to accept the final resolution of the decision by the Administrative Law Judge for Chappell Funeral Home and Yolanda Chappell.  Mr. Leavitt made the motion to accept the decision made by the ALJ and Mr. Futrell seconded.  Motion carried.  Mr. Harris thanked Mr. Weisel and Allen & Pinnix for their services.

 Old Business:  Mr. McGhee had questions concerning Mr. Lapin’s bill for his contracted services and Mr. Ritter responded.  Mr. Futrell questioned the status of the Massey case and Mr. Ritter stated he will get the information to him. 

 New Business:  A letter from the Board of Ethics did not find an actual conflict of interest with Mr. Cozort serving on the Board.  Mr. Futrell would like the minutes to once again reflect who has passed or failed the examination.   Mr. Ritter will research this.

 The Board recessed for lunch until 12:30 at which time they will reconvene for deliberation in the hearing.

 Upon reconvening a motion was made by Mr. Leavitt to go into closed session in order to consider taking disciplinary action against a funeral home.  Mr. Hart seconded.  Motion carried.  Upon proper motion the Board came back into open session.  Mr. Leavitt made a motion to adjourn the meeting.  Mr. Hart seconded and the motion carried.

                                                                                                                Paul Harris, Vice President

                                                                                                                Harvey Leavitt, Secretary