MINUTES REGULAR BOARD MEETING
APRIL 14, 1999

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on April 14, 1999, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present:  Darryl Hart, President; Michael McGhee, Vice President; Nancy Rorie, Secretary; Jimmy Swaringen, Harvey Leavitt III, William Paul Harris, Elliott Futrell and Jo Foust.

Also Present: Andrew Ritter, Executive Director and Michael Weisel, Attorney for the Board.  Several visitors were present.

President Hart called the meeting to order and welcomed Mrs. Jo Foust to the Board as a new public member.  Mr. Futrell gave the invocation.

President Hart called for the reading of the minutes of the February 10, 1999, meeting.  Secretary Rorie stated that the minutes had been previously mailed to all Board members.  Mr. Futrell made a motion to dispense with the reading of the minutes and that the minutes be approved as written; seconded by Mr. McGhee.  Motion carried.

President Hart called for committee reports.

Continuing Education:  President Hart reported that the Board staff had conducted a survey of other North Carolina Boards and found that there are a variety of ways that continuing education is being handled.  The C.E. Committee will analyze that information and continue to work on revising the current system.  He also reported that the C.E. Committee met with David Hall of Fayetteville Technical Community College and Don Buchanan of Gupton Jones to find out what they thought was important for c.e. programs from the educator’s perspective.  President Hart reported that input would also be sought from the NCFDA and FD&MA.

Mr. Harris reported that the c.e. clinic held the previous Monday had gone well, according to the feedback from the attendees.  He reported that Mr. Weisel, Mr. Swaringen, and Mr. Don Buchanan of Gupton Jones in Atlanta, Georgia, were the presenters.  The next clinic is scheduled for December 7^th.  Mr. McGhee made a motion that the report be accepted; seconded by Mr. Futrell.  Motion carried.  Mr. Levitt suggested that the Board look into the possibility of  giving c.e. credits for attending a Board meeting.

Disciplinary: Mr. McGhee gave the report of the February 25^th Disciplinary Committee meeting.  Mr. Swaringen made a motion that the report be accepted; seconded by Mr. Futrell.  Motion carried.  Mr. McGhee then gave the report of the April 14^th Disciplinary Committee meeting.  Mr. Futrell made a motion that the report be accepted; seconded by Mr. Swaringen.  Motion carried.

Finance: Mr. Ritter reported that included in the meeting packet was the first quarter’s financial report and a year-to-date budget breakdown and that there are no items that are significantly over or below budget amounts.  Mr. Ritter reported that because of renewals the Board had received, the Board is in good financial shape.  Mr. Harris made a motion that the report be accepted; seconded by Mr. Swaringen.  Motion carried.

Preneed: Mr. Swaringen reported that the committee is recommending that several changes be adopted in the Statement of Goods and Services form that make it more user friendly.  Copies of the forms were distributed.  Mr. Harris inquired whether the form currently in use can be used and Mr. Swaringen answered in the affirmative.  Mr. McGhee made a motion that the new forms be accepted; seconded by Mr. Futrell.  Motion carried.  Mr. McGhee then made a motion that the Board rescind the mandatory use of the new preneed forms, including the Goods and Services form, until after a public hearing is held; seconded by Mr. Leavitt.  Motion carried.

Legislative: Mr. Swaringen reported that the Mutual Burial Association bill has been assigned to the Senate Commerce Committee.  He reported that the Legislative Committee met with Dean Wilkerson to discuss his concerns and as a result of that meeting, compromises were reached and a committee substitute was offered concerning cost and time frame.  Mr. Weisel reported that Senator Kerr added a rider not relating to the MBA bill regarding depth for a specific situation.  Mr. Swaringen reported that the bill is scheduled for committee consideration next week.  Mr. McGhee made a motion that the report be accepted; seconded by Mr. Harris.  Motion carried.

Crematory Authority: Mr. Futrell reported that the Crematory Authority met on February 23^rd and discussed their concerns over the lack of c.e. requirements for crematory operators and technicians and asked that the Board look into c.e. requirements for crematory operators.  Mr. McGhee remarked that the operator'’ certification is voluntary and therefore the Board cannot require continuing education.  Mr. Swaringen remarked that it would take legislative action to get this changed.  Further discussion followed.  Mr. Futrell stated the Crematory Authority will extend an invitation to new licensees to attend a Crematory Authority meeting and attend a seminar on the rules and regulations for crematories.  He further reported that the Crematory Authority is concerned about false and misleading advertising, specifically through the yellow pages.  The Crematory Authority is asking counsel to look into what, if anything, can be done about advertising in the incorrect category; i.e., “Crematory” as opposed to “Cremation Services.”  There was further discussion.  Mr. Futrell reported that the Crematory Authority will hold its seminar in Statesville in September.  He also reported that the Crematory Authority is recommending that distribution of the pamphlet “What is Cremation” be discontinued since it is outdated and it will be revised.  Mr. Swaringen made a motion that the report be accepted including the recommendation that distribution of the pamphlet “What is Cremation: be discontinued; seconded by Mr. McGhee.  Motion carried.

Unfinished Business: Mr. Ritter reported that Mr. Harris had been appointed to the Commission of Anatomy.  He also reported that the contract with Total Systems, the computer vendor, had been terminated due to breach of contract and that a new vendor had been hired who is experienced with regulatory boards and it is anticipated that the problems will be cleared up within eight weeks.  He called to the Board’s attention correspondence in the meeting packet relating to the computer vendor.

Mr. Ritter reminded the Board of the NCFDA convention to be held May 24-26 in High Point and asked for volunteers for the Board’s booth.

New Business: Mr. Ritter reported that Jo Foust had been appointed by the Governor to replace Stuart Cozort, whose term had expired.  He then reported that Public Member Mark Stone had resigned due to business obligations that prevented him from adequately serving the Board.  Mr. Ritter touched briefly proposed legislation that affects this Board including: a Senate bill relating to gender equity on State Boards and Commissions; a Senate bill relating to rulemaking; a Senate bill relating to the open meetings law; “The Uniform Prudent Investor Act;” and legislation suggested by Cameron Shearon of First Citizens Bank relating to who can obligate the estate for funeral expenses before the estate has been set up.  Mr. Shearon was present and stated that the bill is in the writing stages.

Mr. Ritter reported that the State Auditor’s office rejected the Board’s choice of Jim Black for audit purposes; therefore, the Board will be using Hill, Maddison and Boyce.  Mr. Ritter reported that he and several Board members have spoken at various NCFDA and CANA meetings on Board and preneed activities.  A motion was made by Mr. Futrell to accept the old and new business reports; seconded by Mr. Harris.  Motion carried.

Mr. Futrell reported that the Continuing Education Committee is recommending that Roger Ricks be allowed to take the laws and rules exam orally, as by law provided; seconded by Mr. McGhee.  The motion carried.

Mr. McGhee clarified his earlier motion regarding the preneed forms in that it was his intent to rescind the mandatory use of all the new preneed forms until after the public meeting.

Mr. Hart announced that the visitors would be given a chance to speak after a brief recess.  A brief recess was taken.  When the meeting resumed, Mr. Noel Allen, Attorney, was present.

Mr. Hart opened the meeting for public comment.  The following visitors spoke:

Steve Bryan, Bryan Funeral Home, Swan Quarter: Mr. Bryan thanked the Board for the motion concerning the use of the preneed forms, and stated that he hopes that everyone can work together on these issues to protect the families that we serve.

Lane Wharton, attorney representing Forethought: Mr. Wharton stated his client has concerns about the new preneed forms and Forethought would like to be a part of the discussion or process to develop new preneed forms and offered their services as a resource.

Ken Poe, Farmer Funeral Home, Ayden: Mr. Poe had concerns regarding the proposed MBA legislation.  He was not in support of the bill and it was his desire that the Board withdraw the bill and a proper bill be introduced after input from the industry.  He agreed that something needed to be done with MBAs, but the Board’s bill was not the proper way.

Louis Bennett, Highland Funeral Home, Fayetteville: Mr. Bennett made remarks concerning the rules regarding who signs a death certificate.  It is his desire that an original signature be required on a death certificate.  He also supports the Board’s efforts regarding the MBA bill.

Larry Kinsey, Hillside Funeral Service, Washington: Mr. Kinsey referred to the letter he wrote to the Board and stated he believes that the Board has a responsibility to protect the licensees since they are members of the public as well.  He felt that everyone should come together to work on the preneed forms and it was his opinion that a lot of effort and money has been wasted up to this point.  Mr. Kinsey added that if he offended anybody with his letter he would apologize later.

No other visitors spoke.

Attorney’s Report: Mr. Weisel stated that most of the legal matters had been covered in earlier business.  He reported that he had been very busy with legislative issues and that he and the Executive Director will set the date for the public hearing as soon as possible.  Mr. Harris made a motion to accept the report; seconded by Mr. Swaringen. Motion carried.

Mr. Leavitt and President Hart thanked the visitors for their comments.  Mr. Futrell stated for the record, his oath required him to protect the consumer.

Personnel: Ms. Rorie introduced Carolyn Spears who will be joining the Board as an inspector in early May.

There being no further business, the meeting was adjourned.

	Darryl Hart, President
	Nancy G. Rorie, Secretary