| MINUTES REGULAR BOARD MEETING |  |
| October 12, 1999 |
The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on October 12, 1999 at 9:00 a.m. in the Board office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.
Present: Darryl Hart, President; Michael McGhee, Vice President; Nancy Rorie, Secretary; Stuart Cozort, Jimmy Swaringen, Harvey Leavitt III, Elliott Futrell, and Julia Jordan.
Also present: Andrew Ritter, Executive Director; and Michael Weisel, Attorney for the Board.
President Hart called the meeting to order. Mr. Swaringen gave the invocation. President Hart called for the reading of the minutes of September 15, 1999 meeting. The minutes having been previously distributed, Mr. Futrell made a motion to dispense with the reading of the minutes and that they be approved as written; seconded by Mr. Cozort. The motion carried.
President Hart called for the following reports:
Finance:
Mr. Leavitt deferred to Mr. Ritter for the financial report. Mr. Ritter reported that the two accounts with the State Treasurer’s office are not mailed until the 11th of each month and the September bank statements for those two accounts had not yet been received, thus the financial statement could not be compiled until the records are reconciled. He reported that the September financial statement would be mailed to the board members.
Personnel:
The entire Board staff was assembled to witness the presentation of an Appreciation plaque to Board Inspector Henry Rowan commemorating ten years of service. Mr. Rowan responded that he had enjoyed working for the Board and appreciated the recognition.
Preneed:
Mr. Swaringen reported that the deadline for submitting contracts for approval by the Board was October 1 and that three contracts and several statements of goods and services had been submitted. He reported that the preneed committee had met to review them; that the three contracts did not meet the criteria set forth in the rules and regulations and the committee was not recommending that they be approved; that two statements of goods and services were being recommended for approval: Hillside Funeral Service and Hayworth-Miller Funeral Homes, provided they add a note to the form stating the date the forms were approved.
The forms submitted by Hillside Funeral Service and Hayworth-Miller Funeral Homes were distributed to the Board. Following discussion, Mr. Swaringen moved that those statements of goods and services be approved and that they be filed in the preneed approval file, provided they add a line to the form stating the date the forms were approved.
The motion carried.
Executive Director
Mutual Burial Associations: Mr. Ritter reported that Senate Bill 212 mandates the Board to provide a Mutual Burial Association Certificate Acceptance Form and Mutual Burial Association Certificate of Credit. Virginia Harris had assisted him in drafting the forms that are contained in the meeting packet and had earlier been sent to the Board.
During discussion, Mr. Weisel recommended some minor legal revisions in order to conform to the statute requirements. Mr. Cozort moved that the forms be accepted with the minor legal revisions being made. The motion was seconded and carried.
Mr. Ritter reported that the forms would be mailed to all funeral homes and a cover letter will be included.
Hurricane Floyd Update: Mr. Ritter reported that the Department of Health has contacted the Board of Mortuary Science and advised that the Federal D-Mort team has re-buried all the caskets but was unable to identify approximately thirty sets of remains. The Department of Health has asked the Board if they will be the contact agency for people calling about the unidentified remains. The Board discussed the issue and agreed to be that contact agency.
Mr. Ritter called to the Board’s attention to a document contained in the meeting packet entitled “Standard Operating Procedure for Displaced Caskets” from the City of Goldsboro, which details the Board’s expected involvement in the event of displaced caskets. Following discussion, it was the consensus of the Board that the Board should draft a resolution regarding the Board’s involvement in the event of displaced caskets. Mr. Hart commended Mr. Ritter on his role in assisting in the adoption of guidelines developed by the NC Division of Public Health.
Mr. Futrell thanked the Board for their assistance with the problem in Goldsboro.
Signature on Licenses: Mr. Ritter reported that study of the cost of imprinting the Board member’s signature had been conducted and the information was contained in the meeting packet. A discussion was held regarding the pros and cons. Mr. Swaringen moved that the signatures be imprinted; seconded by Mr. Futrell. Voting in favor were Mr. Swaringen, Mr. Futrell, Mr. Hart, and Ms. Jordan. Voting no were Mr. McGhee, Ms. Rorie, Mr. Cozort; abstaining was Mr. Levitt. The motion carried.
Unlicensed Salesman of Caskets in Wallace: Mr. Ritter reported that the defendant was convicted of four felonies, sentenced and placed on probation, ordered to pay restitution and ordered not to work in the funeral business while on probation.
Clinic:
Mr. Ritter reported for Mr. Harris reported that plans had been finalized for the clinic to be held on December 7 at the McKimmon Center at NCSU. He reported that he needed to fill two hours during the day and Mr. Weisel agreed to give an update on the new forms, the MBA and duties and obligations of the Board. A short recess was taken.
Old Business:
Preneed: Regarding the Executive Director’s Request for Declaratory Ruling concerning the Board’s authority to prescribe the contents of preneed contracts and forms, Mr. Swaringen reported that the preneed committee is moving to table the question of ownership of preneed insurance policies. The committee will ask that a vote be taken at a later time on the remaining two questions.
Concerning the preneed forms, Mr. McGhee stated that although a forum was provided to give the licensees an opportunity to express their concerns and to ask questions about the new forms, they were not mailed to the licensees as recommended by the preneed committee as evidenced in the 9-22-98 minutes. Mr. McGhee moved that the Board express its regrets and extend its apologies to any licensees who were adversely affected. Mr. Futrell and Mr. Cozort seconded; the motion carried unanimously.
New Business:
Exams: Mr. Cozort stated that some people were under the impression that candidates for licensing no longer have the opportunity to take rules and laws exams at regularly scheduled board meetings. Mr. Ritter responded that the opportunity is still available and that full exams are given quarterly. Mr. Hart asked that a clarification be made so there would be no misunderstanding.
Attorney’s Report:
Mr. Weisel reported that all legal matters had been covered during discussion of other items.
The meeting was recessed for lunch.
Disciplinary Committee Report:
Mr. McGhee gave the report of the disciplinary committee. In regards to 98-V-029, Mr. Swaringen recused himself, stating that the funeral home involved is owned by the same company that owns Mr. Swaringen’s funeral home. Mr. Swaringen stated that he had not voted on nor deliberated on the matter during meetings of the disciplinary committee. Mr. McGhee read into the record the report of the disciplinary committee and made a motion that the case be dismissed and that no further action be taken; seconded by Mr. Leavitt. The motion carried.
Regarding continuances of hearings scheduled before the Board, Mr. McGhee made a motion that the power to grant or deny continuances prior to hearings scheduled to be heard by the Board be delegated to the disciplinary committee; that if a request is made for a continuance on the day of the board hearing, the Chairman and the members of the Board who are present shall grant or deny such requests; seconded by Mr. Cozort. The motion carried.
Mr. Futrell stated that the exam committee would be referring cases to the disciplinary committee for consideration.
There being no further business, the meeting adjourned
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Darryl Hart, President |
| Nancy Rorie |