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MINUTES OF A REGULAR MEETING
OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
January 10, 2013
|J. Cooper||Mark Riley|
|Richard Dugger||Chris Ferguson|
|Cindy Longanacre||Grant Moak, AAG|
MEETING PLACE: Oklahoma State Capitol
2300 North Lincoln Blvd. Room 104
Oklahoma City, Oklahoma 73105
Vice-President Longanacre called the meeting to order at 10:00 A.M. Board members Cooper, Dugger, Longanacre, Pickard, Temple, and Walding were present. Phenix was absent.
Motion by Cooper second by Dugger to approve the minutes of the December 13, 2012 meeting. The motion passed unanimously.
After suggestion and explanation by Grant Moak regarding the request for continuance a motion by Dugger second by Pickard to approve the continuance until the February 14, 2013 Board meeting regarding Complaints 13-09 & 13-10, Board v. Brown’s Funeral Parlor, Luther a licensed Funeral Service Establishment, and Jennifer Bailey a licensed Funeral Director and Funeral Director In Charge and Isaac Brown, for alleged Violations of 59 O.S. §§ 396.6(A),396.12a(B), 396.12b(A), 396.12c(8); OAC 235:10-7-2(1),(4),(6);235:10-11-1(b)(7) a motion by Walding second by Dugger to continue the case until the February 14, 2013 Board meeting. The motion passed unanimously.
Motion by Dugger second by Cooper to approve the following Apprenticeship (original) Scott Ferrell, Norman, Oklahoma Mortuary Service, (Embalmer Only) The motion passed unanimously.
Motion by Temple second by Dugger to approve the following Apprenticeship (1st extension) Brandon Newman, Edmond, Baggerly FH, Edmond. (UCO), The motion passed unanimously.
Motion by Dugger second by Cooper to table the following Apprenticship (1st extension) Andrea Engelhaupt, Edmond, Smith-Gallo, Guthrie (needed transcript) The motion passed unanimously.
Motion by Dugger second by Cooper to approve the following Funeral Director/Embalmer (original) Craig Fails, Mangum and Tammie Frizzell, Mustang. The motion passed unanimously.
Motion by Dugger second by Walding to table the following Funeral Director (reciprocal)-Brenda Prorak, Chetak, WI (WI) (Needed WI certification, Law) and Kenneth Kirkland, OKC (Funeral Director only, needed NBE,TX certification) The motion passed unanimously.
Motion by Walding second by Temple to approve the following Establishments:
Mallett Funeral Home, Inc. Wagoner, request to change FDIC from Lucille Mallett to Mary Jane Whisnant; Crown Hill Funeral Home, Tulsa, request change of FDIC from Betty McConnell to Cecil Lee (multiple establishments Tulsa and Tulsa); Hutchins-Maples Funeral Home, Bristow request change of FDIC from Sheena Capps to Brent Matherly; McClendon-Winters Funeral Home, Morris, request to Change FDIC from Joe Weatherford to Jason Winters; Sanders Funeral Home, Kingfisher, request to change FDIC from Dell Sanders to Raymond Sanders; Havenbrook Funeral Home, Norman, Shane Vice, FDIC request to close establishment; Havenbrook Funeral Home, Norman, new establishment, Carriage Team Kansas, LLC, owner, Shane Vice requesting to serve as FDIC; Clark Funeral Service, Beaver, Alan Clark, FDIC requesting to close establishment; Alan Clark Funeral Service, Beaver, new establishment Alan Clark, owner and requesting to serve as FDIC; Grant & Owens Mortuary, Mannsville, New Establishment, Craig Owens solo owner, Craig Owens requests to be FDIC of Ardmore & Mannsville; Harvey-Douglas Funeral Chapel, Lone Grove, Brian Douglas, FDIC request to close establishment; Bailes-Polk Velma Chapel, William L. Polk, FDIC request to close establishment; Brown’s Funeral Parlor, Wellston, Jennifer Bailey, FDIC requesting to close establishment; and Agent Funeral Service, Sallisaw, Todd Martin, FDIC requesting to close establishment. The motion passed unanimously.
Motion by Walding second by Cooper to dismiss Complaint 13-20 regarding Delay in returning jewelry, unlicensed embalming, and headstone issues and issue a letter of concern. The motion passed unanimously.
Jeremy Sparks with the Oklahoma Funeral Directors Association reported that the OFDA State Convention is April 15-17 in the Hard Rock Hotel in Tulsa.
Under new business a motion by Dugger second by Temple to approve the following establishments; Becker Cement Chapel, Cement, request to change name to Becker-Rabon Cement Chapel Becker Funeral Home & Cremation Service of Snyder, Snyder, request to change name to Becker-Rabon Funeral Home of Snyder. Becker Funeral Home & Cremation Service of Fletcher, Fletcher, request to change name to Becker-Rabon Funeral Home of Fletcher and Becker Funeral Home & Cremation Service, Lawton, request to change name to Becker-Rabon Funeral Home. The motion passed unanimously
Motion by Cooper second by Temple to approve the following Apprenticeship (Original) Laura Trent, Coleman, Prater-Lampton-Mills & Cofey Funeral Home, Hugo and Establishments Anderson Funeral Home, Tonkawa, request to change FDIC from Annie Owen to Edward Blackwell. (multiple establishment, Tonkawa and Blackwell) The motion passed unanimously
Deputy Director Chris Ferguson reported that there is a lag in the permit process regarding the Medical Examiner's Office due to the holidays and smaller staff sizes. He highlighted expected legislation requiring the Examiner's Office to become and maintain accreditation. There are three main steps to become accredited, the first being to hire two new doctors, Ferguson said. "We are hoping to fill two of the four positions filled this month," Ferguson said. "I expect in the next three years we'll be accredited."
Executive Director Mark Riley reported that during the month of December, there was $130,205.86 of income after expenses created by receiving $168,530.00 in net revenue with $21,471.14 in expenses. For the year, the net income currently stands at $58,966.24. Continuing his report, he stated that expenses were abnormally low last month. He said that is due partly because agencies have been restructured. Riley said the board has not been billed for certain expenses and as a result, he expects some month's expenses to be significantly higher than usual. Riley said unbilled expenses, along with license renewal at the end of the year, may result in abnormal financial numbers. Riley said 58 funeral directors and embalmers have not renewed their license, accounting for about 5 percent of Oklahoma's directors. Ten funeral homes have not renewed. "No action will be taken against these as long as they don't try to practice with an expired or terminated license. Further he noted that the Notice of Rule Making Intent will be published in the Jan. 15 edition of The Register, initiating the thirty day comment period ending with a public hearing at the Feb. 14 Board Meeting. Lastly, he read the report from the committee established to make recommendations to the Board. The committee report as read:
Over the past several months our committee has been honored to be able to provide some input from the field.
Since, we have entered a new year and welcomed a new committee member the committee thought it might be beneficial to reiterate the topics previously covered.
Please find the summation statements and or recommendations from the committee for your review and advisement.
#1, It is the committee’s initial finding that a significant budget increase is needed to maintain and improve public protection, industry protection and develop new state laws, while sustaining self-sufficiency by never seeking appropriations from the general fund.
# 2, It is the committee’s recommendation that the Oklahoma Funeral Board introduce a new state license for a certified Funeral Director Assistant, with no more than one assistant per licensed Funeral Director. We would also suggest the licensing fees and requirements for the Funeral Directors Assistant be set and maintained by the Oklahoma Funeral Board.
# 3, It is the committee’s recommendation that funeral homes or any firm representing a funeral homes should not represent any pre-need product as guaranteed. If guaranteed pre-needs continue it is the committee’s recommendation that they be held to a low percentage of a firms total pre-need holdings. By not allowing pre-need funerals to be guaranteed or at the least controlling the percentage of total guaranteed Pre-needs it would increase consumer protection and maintain the high ethical standards that the funeral industry in Oklahoma has always practiced under.
# 4, It is the committee’s findings that there is no one against us (the funeral industry in Oklahoma) and we must no longer slow the evolution of our abilities to meet the needs of our communities in a prosperous manner. If, an elected official, reporter or any external entity asks what is the direction of Oklahoma’s funeral industry. The Funeral Industry must have one united answer. To gain any ground in this new economy, we must all walk together.
This committee will continue to work diligently to point out issues of concern and work to help to point out plausible resolutions. This committee would respectfully invite the Board to voice any questions, concerns or insight they may have for the committee.
Motion by Dugger second by Pickard to adjourn the meeting at 10:35am. The motion passed unanimously.