MINUTES REGULAR BOARD MEETING
December 8, 1999

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on December 8, 1999, at 10:00 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; Stuart Cozort, Jimmy Swaringen, Harvey Leavitt III, Elliott Futrell, Paul Harris and Julia Jordan.

Also present: Andrew Ritter, Executive Director; and Michael Weisel, Attorney for the Board.

President Hart called the meeting to order.  Michael McGhee gave the invocation.  The minutes for the October and November Board Meetings were included in the meeting packet.  After review, Harvey Leavitt moved that the minutes be approved; seconded; motion carried.

President Hart called for the following Committee Reports:

Finance: Mr. Leavitt reported that the Finance Committee had met and the 2000 budget was included in the meeting packet.  He deferred to Mr. Ritter to highlight some of the recommendations: purchase of new furniture such as staff desks, filing track system and a Web site.  After discussion, Mr. Leavitt made a motion that the 2000 budget be approved; seconded by Mr. Cozort.  The motion carried unanimously.

Preneed: Mr. Swaringen distributed contracts submitted by Columbia Life, Homesteaders, Davidson Funeral Home, Carter Funeral Home, and Briggs Funeral Home and made a motion that they be approved.  The motion carried unanimously.

Mr. Swaringen reported that contracts had been submitted by Forethought Life, American Life and SCI that were not approved.  He stated that they will be notified and examples of approved forms will be sent to them.

Mr. Futrell made a motion that beginning January 1, 2000, forms sent to the Board for filing that are not correct be immediately returned to the sender (after the document and the check are photocopied) with a cover letter outlining the reasons they were being returned and that they have fifteen calendar days to return the correct form.  The late filing fee will be waived for the month of January to allow for the corrected paperwork to be resubmitted.

The motion was seconded and it carried unanimously.

Trainee: Elliott Futrell reported work on the video produced by the Board and Fayetteville Technical Community College had been completed and was ready for the Board’s preview.  He asked that the Board note any changes in the text they felt should be made.  The Board viewed the video.  Compensation to FTCC and distribution was discussed.  Mr. Futrell stated that Michael Landon of FTCC was unable to attend the December meeting but would attend a meeting in the future when compensation and distribution could be decided.

Crematory: Mr. Futrell reported that the Crematory Authority met on December 2 but did not have a quorum.  They did, however, discuss the need for a committee to be appointed to make recommendations to the Board’s Legislative Committee on needed legislation.

Clinic: Mr. Harris reported that approximately 120 people had attended the December 7th Clinic; that the presenters, Dr. Ann Black, staff from COPA and Board Attorney Michael Weisel, were outstanding.  He reported that he had reserved McKimmon Center for April 11, 2000, for the next seminar.

Mr. Harris distributed the final draft of the Child Maltreatment Fatality Manual to the Board and stated that it will go to peer review.  Henry Rowan, Board Inspector will be on the peer review committee.

Disciplinary: The written report of the Disciplinary Committee was distributed.  Mr. Harris made a motion that the report to approved; seconded.  The motion carried.

Jack Nichols, Board attorney, presented consent orders in the following matters for approval:

M99-024, M99-026, M99-031, V98-006 and V99-014.

Mr. Cozort made a motion that the consent orders be approved; seconded; the motion carried unanimously.

Ms. Rorie made a motion that the Board enter into closed session to discuss possible litigation; seconded by Mr. Cozort; the motion carried.

The Board returned to open session.  Ms. Rorie made a motion that Mr. Ritter and legal counsel meet with the Department of Insurance regarding the interpretation of NCGS 143B-472.28 and, if appropriate, pursue further action with the Attorney General’s office.  Seconded by Mr. Cozort; the motion carried unanimously.

NEW BUSINESS

Mr. Cozort made a motion to waive the per diem for the dinner of Board members and spouses who attended the December 7th Annual President’s Dinner; seconded by Ms. Jordan; carried unanimously.

Executive Director’s Report: Mr. Ritter reported that the license renewal process is proceeding well with a one-day turn around time in returning pocket cards.  He asked for clarification on the Board’s policy of the fee to be applied when an individual passes the November exam and wants to be licensed before December 31st.  Following discussion, Mr. Leavitt made a motion that individuals who become licensed on or before September 30th pay the full annual fee; individuals licensed on or after October 1 pay one-half the annual fee.  The motion was seconded by Mr. Swaringen; carried unanimously.

Mr. Ritter reported that there are an increasing number of requests from inactive licensees requesting inactive pocket cards.  It was the consensus of the Board that no inactive card be issued and that the issued be referred to the Laws and Rules committee.

Mr. Ritter called to the Board’s attention to the six-month report on inspections included in the meeting packet.  He stated that the goal is for all funeral homes to be inspected/audited annually; that the numbers were somewhat low for this six-months period due to the additional inspector not being hired until May 10, 1999, and Mr. Rowan’s assistance being required in Goldsboro in September as a result of Hurricane Floyd.

2000 Committee Assignments: President-elect McGhee distributed committee assignments for 2000.

Election Minutes: The 1999 minutes of the Elections Board were distributed for review.  It was noted that the 1998 minutes of the Elections Board had not been approved.  Both minutes will be submitted at the 2000 meeting of the Elections Board for approval.

Attorney’s Report: Mr. Weisel reported on the FTC Rules Review Commission hearing that he attended on November 18 in Washington, DC.  He noted that among the items discussed were standardized preneed forms and that the associations argued that this should be a matter left to the individual states.

President’s Report: President Hart thanked the Board for their hard work in 1999 and noted the following among the year’s accomplishments:

q       Successful passage of Mutual Burial Association Statute

q       Implementation of new preneed contracts and statement of goods and service forms

q       Printed new statute and rule books

q       Lead investigation agency which led to the arrest and conviction of a casket seller selling preneed

q       Assisted on a state level with the creation and implementation of an emergency action plan for casket pop-ups during Hurricane Floyd

q       Assisted on a local level with casket clean up for the City of Goldsboro

q       Completion of trainee video to be used in training and by Fayetteville Tech

q       Participation on Child Maltreatment Fatality Manual Committee

q       Held two continuing education seminars featuring national speakers

There being no further business, the meeting adjourned.

       Darryl Hart, President
Nancy Rorie, Secretary