REGULAR BOARD MEETING

MINUTES

November 7, 2001

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on November 7, 2001, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present: Nancy Rorie, President; Paul Harris, Vice President; Harvey Leavitt, Secretary; Elliott Futrell, Stuart Cozort, Darryl Hart, Julia Jordan and Alex Lee.

Also Present: Mark E. Henderson, Executive Director; Barry Bloch, General Counsel.

Others Present: Patricia Hayes, Dan Shackleford, Rudy Lea, Louis Bennett, Jonathan Carr, Jack Nichols, Bill Joyner, Fred Jordan, Larry Parker, Fred Handsel.

President Nancy Rorie called the meeting to order and read the Board of Ethics statement, Governor Easley’s Executive Order #1. No one expressed any conflict of interest at this time.

Alex Lee gave the invocation.

The minutes, being previously mailed, were submitted by Mr. Harris. Mr. Cozort made the motion to accept the minutes and Mr. Lee seconded. The motion carried.

Ms. Rorie called for Committee Reports since all parties for the Butler case were not present.

Finance: Mr. Cozort reported no significant changes on the financials.

At this time President Rorie called the hearing to order at 9:14 am for the North Carolina Board of Mortuary Science vs. Butler, Case M00-033. Mr. Hart and Mr. Cozort recused themselves since they were on the Disciplinary Committee at the time the matter was brought before the Board. The Board heard both sides present the case. President Rorie advised both parties they had 30 days to submit proposed findings of fact, conclusions of law and ruling.

Preneed: Mr. Harris stated there were no items for discussion this month and presented the Preneed Report. Ms. Jordan made the motion to accept the Preneed Report. Mr. Cozort seconded and the motion carried.

Continuing Education: Mr. Hart deferred the discussion to Mr. Harris. Mr. Harris updated the Board on the December 11^th Seminar from 9 am to 4 pm at the McKimmon Center. The Funeral Directors and Morticians Association has presented the names of Dr. Edith Churchman, Education Commissioner of the National Funeral Directors & Morticians Association, and Clarence Glover, Chairman of the Board of the National Funeral Directors & Morticians Association, as speakers on the funeral directing side. On the embalming/funeral service side Doug Howard, a funeral service licensee, with the United States Army Mortuary Affairs Division will provide 2 hours and members of the North Carolina D-Mort team, Michael Neubert, Bert Brooks, and Ron Boone who volunteered their service to the terrorist attack victims in New York along with Scott Lineberry who volunteered his service to the victims in Arlington, Virginia, will provide a panel discussion. Ivan Futrell with the FBI Disaster Team will be the final speaker.

Mr. Harris made the motion to give Dr. Churchman and Mr. Glover honoriums in the amount of $150 each. Mr. Cozort seconded and the motion carried.

Mr. Hart made the motion to accept the Continuing Education report as presented and Mr. Cozort seconded. The motion carried.

At this time a motion was made by Mr. Cozort to go into closed session to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board. Mr. Harris seconded and the motion carried.

Upon proper motion the Board returned to open session.

Mr. Harris made the motion to accept the Consent Order submitted by LSC Corporation doing business as Beasley Funeral Home. Ms. Jordan seconded. President Rorie, Mr. Hart and Mr. Cozort recused themselves from the vote and the motion carried.

Executive Director’s Report: Mr. Henderson noted the NC DOL Certification of Our Trainee Program would increase the visibility of the Board’s traineeship program. He will next meet with a DOL representative on November 27, 2001.

Mr. Henderson stated the rescheduled CLEAR Conference is January 10 – 12, 2002. Since no Board members plan to attend, the January Board Meeting will be Wednesday, January 9, 2002. The North Carolina Funeral Directors and Morticians Association Convention will be in Charlotte on January 8 and Mr. Henderson and Mr. Hart will be attending.

Mr. Henderson submitted a letter concerning the Board policy on late renewals and a new expense voucher, which included new per diem amounts. Both were approved.

Mr. Henderson asked the Board to review an Application for Registration of Embalming Facility, Form BMS EF2001. This application will be used when embalming facilities are separate from the funeral establishment. Mr. Cozort made the motion to approve Form BMS EF2001 and Ms. Jordan seconded. Motion carried.

Attorney’s Report: Mr. Bloch presented the a status report of the Board’s legal cases. He also informed the Board he would be presenting information sheets he felt might be applicable to the Board.

Unfinished Business: Mr. Henderson requested the Board to review with him the Cremation Statute page by page for any changes that might be needed before taking it back to the Crematory Authority. After several minor changes, Mr. Henderson informed the Board he would make an appointment to meet with Louis Bennett to discuss the changes.

Mr. Lee made the motion to bring the September tabled motion to vote between Jimmy Swaringen and Rudy Lea from the table in order to elect the Board member to fill the vacant position. The motion failed on a tie vote. The Board then approved a motion to open nominations for the Board member position. Mr. Lee nominated Rudy Lea for the position and spoke to the Board on behalf of Rudy Lea. Mr. Leavitt nominated Bill Groce for the position. Ms. Rorie called for the vote. Mr. Hart, Mr. Cozort and Mr. Leavitt voted for Mr. Groce. Mr. Harris, Mr. Futrell and Mr. Lee voted for Mr. Lea. Ms. Jordan abstained from the vote. Since there was a tie vote, Ms. Rorie voted for Mr. Groce. Mr. Bill Groce was elected as the new Board member filling the vacant position and his term will expire in December 2002.

New Business: Mr. Henderson presented to the Board Resolutions expressing appreciation to Jerry Vehaun, Bert Brooks, Jr., and Ron Boone for their voluntary services to the City of New York and Scott Lineberry for his voluntary services to Arlington, Virginia, after the terrorist attacks on September 11, 2001. Mr. Cozort made the motion to accept the Resolutions and Ms. Jordan seconded. The motion carried.

Mr. Henderson presented to the Board the Application for a Removal and Transportation Permit and an application fee of $125 for approval. Mr. Futrell made the motion to accept the form and fee and Mr. Harris seconded. The motion carried.

Mr. Bloch gave to the Board members materials from the Office of Administrative Hearings issued in the Rogers & Breece Funeral Home and Peacock Funeral Home matters to be brought before the Board in December.

Mr. Henderson submitted to the Board letters from the NCFDA, his responses and two recent articles relating to funeral service.

Mr. Harris gave out copies of the chapter on Mortuary Providers in the Child Maltreatment Fatalities book.

There being no further business to come before the Board, Mr. Harris made the motion to adjourn the Board meeting and Mr. Hart seconded. The meeting was then adjourned.

                                                                                                            Nancy G. Rorie, President

                                                                                                            Harvey Leavitt III Secretary