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OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
NOTES OF REGULAR MEETING
MEETING PLACE: Oklahoma State Capitol
2300 North Lincoln Blvd. Room 104
Oklahoma City, Oklahoma 73105
DATE & TIME: 10AM February 14, 2013
ORDER OF BUSINESS: The Board may discuss, vote to approve, vote to disapprove, vote to table, change the sequence of any agenda item, or decide not to discuss any item on the agenda.
1. Roll Call - Dugger, Longanacre, Phenix, Pickard, Temple, and Walding were present. Cooper was absent.
2. Approval of minutes of the January 10, 2013 Board meeting - Approved
3. Request for Continuance by respondents to allow time for discovery on Administrative Hearing - Continued until April 11, 2013
A. Discussion and possible action on administrative hearing concerning Complaints 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).
B. Vote on possible executive session pursuant to 25 O.S. Supp 1998, Subsection 307 (B) (8) to engage in deliberations or rendering a final or I intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act regarding Complaints 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)
C. Possible action to be taken as a result of the executive session regarding Complaints 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)
4. Matters to consider possible dismissal upon recommendation of AAG
13-09 Unlicensed funeral director, delayed death certificate, no statement of goods and services, no general price list. - no action
13-16 Forgery of signature, charging for services not selected, failure to provide statement of goods and services at time of arrangements. - deny the dismissal
5. Vote to affirm or disaffirm the issuance of the following licenses, registrations, certificates, dissolution or other action
A. Apprenticeship (original) - All Approved
1. Kassie Price, Edmond, (Embalmer only) Oklahoma Mortuary Service, OKC
2. Carie Born, Follett, Myatt-Laverne, Laverne
3. Paula McCallen, Tulsa, Moore’s Funeral Home, Tulsa
4. Billy Jackson Jr. Duncan, Don Grantham FH, Duncan
5. Cole Hart, Walters, Hart-Wyatt FH, Walters
B. Apprenticeship (1st extension) - All Approved
1. Arianna Ervin, Smith Gallo, Guthrie (enrolled at UCO)
2. Martin Shearwood, King-Shearwood Funeral Home (graduated from Dallas)
3. Daniel Stillwell, Jones, Alpha & Omega Mortuary, OKC (Enrolled at Commonwealth, Houston)
C. Funeral Director/Embalmer (original) - All Approved
1. Krista Burns, Ardmore
2. Jason Rouk, Pryor, OK
3. Robert Walter, Edmond (need law)
D. Funeral Director (reciprocal) - All Approved
1. Brenda Prorok, Chetak, WI (WI)
2. Kenneth Kirkland, OKC
E. Establishments - All Approved
1. Paul Thomas Funeral Home, Miami, Paul Thomas, FDIC request to close establishment.
2. Paul Thomas Funeral Home, LLC, Miami, new establishment, Paul Thomas Funeral Home, LLC, owner, Paul Thomas requesting to serve as FDIC of multiple establishments (Commerce).
3. Paul Thomas Funeral Home, Commerce, Paul Thomas, FDIC request to close establishment
4. Paul Thomas Funeral Home, LLC, Commerce, new establishment, Paul Thomas Funeral Home, LLC, owner, Paul Thomas requesting to serve as FDIC of multiple establishments (Miami)
5. Stout-Phillips Funeral Home, Wewoka, request to change FDIC from Dennis Phillips to Brad Norman (Multiple locations, Wewoka and Holdenville)
6. Hudson-Phillips Funeral Home, Holdenville, request to change FDIC from Dennis Phillips to Brad Norman (Multiple locations, Wewoka and Holdenville)
7. Moore Funeral Home and Cremation, Moore, request to change FDIC from Riley Caster to Preston McCurtain.
8. Smith-Gallo Funeral Home, Guthrie, request to change FDIC from Bobby Smith to Ben Gallo
9. Williamson-Spradlin Funeral Home, Wetumka request change of FDIC from Donnie Williamson to Jesse Pierce.
10. Williamson-Spradlin Funeral Home, Weleetka request change of FDIC from Donnie Williamson to Cecil Cockman (need app and $)
11. Arnold Moore & Neekamp Funeral Home & Cremation Service, Bartlesville, request to change FDIC from Jody Greene to Timothy Howell.
12. Lowell-Tims Funeral Home, Eldorado, request change of FDIC from Karlene Fulton to Terry Tims. Also requesting to be FDIC of multiple establishments ( Altus & Eldorado) (need letter from old FDIC)
13. Harvey-Douglas Funeral Home, Lone Grove, Brian Douglas notification of license renewal and re-open establishment.
14. Mallory Martin Wheeler Funeral Home, Sallisaw, Todd Martin, FDIC request name change to Agent Mallory Martin Funeral Home.
15. Jefferson Funeral Home, Lawton, Toby Blackstar FDIC, request to close establishment.
F. Crematory - Approved
1. Lowell-Tims Funeral Home & Crematory, Altus, request to change FDIC from Karlene Fulton to Terry Tims.
6. Review complaints with possible vote for probable cause or other action
13-22 Removing of items from casket without permission - Dismiss
7. OFDA Report - Jeremy Sparks reported that OFDA convention will be held April 15-17, 2013. Also that OFDA is supporting Funeral Board Bills HB1826 by Armes and SB551 by Barrington.
8. Discussion and possible action on a report from the committee of Funeral Directors and Embalmers charged with studying the needs of Oklahoma Funeral Service.
It is the committee’s finding that across our state there is an increasing number of funeral homes established and being established with clear motives other than professionally caring for the deceased and guiding their families through the grieving process.
It is also the findings of the committee, based on conversations with consumers that the consumer believes all funeral homes to be honest and trust worthy due to the honorable history of the funeral profession in Oklahoma. As Funeral professionals, we know this is not true; all funeral homes are not equal. We know that if a consumer shows us a guaranteed funeral contract for a 16 gage casket, steel vault and full services for 3400.00, the consumer is being maliciously misled. We know if a funeral home is advertising prices well under market prices, that funeral establishment is trying to build preneed files to make a quick sale of the funeral home and that the preneed’s will not be honored. Cases like this are not rare or hard to find and more are happening today, right now!
The mission of the Oklahoma Funeral Board is as follows, to act in the public interest, for the public protection and advancement of the profession within the police powers vested in the Board by the Legislature of the State of Oklahoma, entirely without appropriated funds. The Board shall serve as an informational resource on funeral service to the general public and members of the funeral profession.
It is the committee’s opinion that the Board should work to make the general public more aware that the board is a vital consumer protection agency.
The committee respectfully requests that the Board consider mandating that information about consumer protection and the Oklahoma Funeral Board contact information be handed out at every preneed and at need arrangement.
We also would recommend public advertisements. Any reputable funeral home across the state would be glad to lend a hand and run an ad in their local paper for consumer protection awareness. Make a consumer protection statement or link for funeral homes to post on their web sites.
We would also recommend that if a tip comes in from the field, the board should contact the family personally on behalf of the industry, to immediately resolve any wrong doing. If the tip from the field is unfounded, fine the funeral home that gave misinformation.
We must not allow a growing number of bad apples to tarnish the reputation of our industry which generations of Oklahoma funeral directors and embalmers continue to uphold. Public trust and the integrity of our industry are in serious risk.
9. Legal Update - Grant Moak updated the Board on the following: Bank First has Thomas Brown and Sandra Brown in a foreclosure hearing. After the hearing the leveraged property will be sold at Sheriff Sale. The Oklahoma Funeral Board has a judgment against this property and will be entitled to the proceeds after the sale. Mr. Moak is also working on finalizing the Green Hill Funeral Home finalized order which will be brought before the hearing officer for a signature soon.
10. New Business - No New Business
11. Deputy Director’s Report - Chris Ferguson reported that the Medical Examiner’s Office is in the process of developing an on-line permit system. Over the past two months, Mr. Ferguson has received an uptick in complaints regarding the turn around time for permits. Mr. Ferguson assured the audience that Dr. Pfeifer and his staff are diligently working on permits and do understand that permits are time sensitive. The new on-line permits will be submitted close to the same format as ROVER.
12. Executive Director's Report - Mark Riley reported that during the month of January, there was $43,333.04 of income after expenses created by receiving $72,578.03 in net revenue with $ 29,244.99 in expenses. For the year, the net income currently stands at $101,633.80. Continuing his report he noted that he has presented data and answered questions in front of the House and Senate regarding performance measures and agency operations. This legislative session the Funeral Board is following Senate Bill 551, and House Bills 1826 and 2269.
13. Discussion and possible action on a Public Hearing on Proposed Rules with vote to amend, reject or adopt the proposed permanent Rules. – No written comments were received by the Oklahoma Funeral Board Staff. The Oklahoma Funeral Directors Association representative Jeremy Sparks spoke of the support from the association for all of the provisions. The Board voted unanimously to pass the Rules as written.
14. Adjournment - meeting was adjourned at 11:15am