MINUTES REGULAR BOARD MEETING
June 9, 1999

The North Carolina Board of Mortuary Science met on June 9, 1999, at 9:00 a.m. in the Board’s office at 2321 Crabtree Boulevard, Raleigh, North Carolina, for the purpose of conducting a public hearing on the Executive Director’s request for a Declaratory Ruling concerning the Board’s authority to prescribe the contents of preneed contracts and forms.

Present were Darryl Hart, President; Michael McGhee, Vice President; Nancy Rorie, Secretary; Jimmy Swaringen, Harvey Leavitt III, William Paul Harris, Elliott Futrell and Stuart Cozort.  Also Present: Andrew Ritter, Executive Director; and Noel Allen and Michael Weisel, Attorneys for the Board.  Approximately 40 members of the public were present.

Following remarks by Mr. Ritter and Mr. Allen, the following members of the public spoke: Jonathan Carr, NCFDA attorney; Malcomb Osborne, Attorney on behalf of licensee Juanita Miller; George Wilson, on behalf of Homesteaders Life Company; licensees Steve Bryan and Larry Kinsey; Mark Willoughby, Attorney for Forethought Insurance; and Andy Wilson, Medicaid representative from the NC Division of Medical Assistance.

The public hearing was concluded at 12:20 p.m.  (The transcript of the public hearing is attached to and made a part of these minutes.)

Following the public hearing President Hart called the duly scheduled Board Meeting to order at 12:35 p.m.  The invocation was given by Mr. Futrell.  President Hart called for the reading of the minutes of the last meeting.  Mrs. Rorie reported that copies of the minutes had been mailed to each Board member.  A motion was made by Mr. Futrell to dispense with the reading of the May 12, 1999, minutes and that they be approved as written; seconded by Mr. Leavitt.  The motion carried.

President Hart called for the following committee reports:

Mr. McGhee gave the report of the June 8, 1999, Disciplinary Committee meeting.  Mr. Futrell expressed concern regarding Item #4 and asked the committee to review its recommendation.  Mr. Weisel cautioned the Disciplinary Committee members against divulging details as the full Board may be required to hear the case.  Mr. Futrell withdrew his request.  Mr. Harris made a motion that the report be accepted; seconded by Mr. Cozort.  The motion carried.

Mr. Ritter reported that the bank statements had not arrived and asked that the finance committee report be deferred to the next meeting.  President Hart asked that the report be mailed to the committee members.

Mr. Ritter directed the Board’s attention to the following letters in the meeting packet: (1) Letter from Jo Foust dated May 12, 1999, resigning from the Board.  Mr. Ritter reported that Ms. Foust’s father is under care of Hospice and Ms. Foust is his primary caretaker and feels that she does not have the time necessary to serve.  (2) Letter from the Ethics Board concerning Stuart Cozort dated May 12, 1999, which Mr. Ritter read into the minutes.  The letter is attached to and made a part of these minutes.  (3) Letter from the Governor dated May 13, 1999, appointing Mr. Cozort to the Board.

Mr. Ritter directed the Board’s attention to a letter and material in the meeting packet from Dr. Marcia E. Herman-Giddens, a project director, dated June 4, 1999, seeking two people from the field of mortuary science to serve on a working committee to “develop a manuscript for an effective practice manual for professions and agencies involved in the investigation and response to child maltreatment fatalities,” funded by the Governor’s Crime Commission.  The letter stated that Rep. Thomas Hardaway had already been recommended and asked for an additional recommendation.  Discussion followed.  President Hart asked that the matter be delayed until the New Business portion of the meeting.

Mr. Ritter directed the Board’s attention to the 1998 Activity Report in the meeting packet which was given by President Hart at the NCFDA Convention in May.

Mr. Ritter directed the Board’s attention to the letter in the meeting packet dated June 1, 1999, from executives of The Loewen Group reporting that The Loewen Group had filed for bankruptcy under Chapter 11 and stating, among other things, that a company representative would be contacting Mr. Ritter to discuss any concerns the Board may have.  Mr. Ritter stated that he had received calls from some funeral homes regarding how the filing for bankruptcy affected them.  A discussion followed.  It was decided by general consensus that no action by the Board was necessary other than writing them a letter stating that although funeral homes do have the right to retain ten percent on trust-funded preneed contracts, the Board requests that they refrain from taking it until such time as the contract has been performed.

Mr. Ritter directed the Board’s attention to the letter in the meeting packet dated May 27, 1999, from the Department of the Army stating that Full Military Honors Burials for Army Retirees will be provided to all families requesting such throughout the entire state, and asking the Board’s help in disseminating this information to all morticians in North Carolina.

Mr. Ritter directed the Board’s attention to the letter in the meeting packet from Jonathan Carr, NCFDA Attorney, to Senator Tony Rand dated May 25, 1999, stating NCFDA’s opposition to the portion of SB 212 authorizing study by the Legislative Research Committee.  Mr. Ritter stated that no action has been taken on SB 212 since the last Board meeting.

Mr. Leavitt made a motion that the Executive Director’s report by accepted; seconded by Mr. Futrell.  The motion carried.

There was no unfinished business to discuss.

President Hart informed Mr. Ritter that he would appoint someone to the Working Committee for the project headed by Dr. Herman-Giddens discussed earlier by noon on Friday, June 11.

There being no further business, the meeting adjourned at 1:13 p.m.

	Darryl Hart, President
	Nancy G. Rorie, Secretary