Board of Funeral Service - Disciplinary Action
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2006
FERNALD, THOMAS J.
License Number: PR74
License Type: Practitioner
Complaint Number: 2004-FUN-258
Disposition: Consent Agreement dated 1/3/06
Summary: The Attorney General filed a complaint against licensee alleging that the decedent's remains were cremated without proper authorization. The Permit for Disposition of Human Remains authorizing the cremation of the decedent's remains was signed by the decedent's child. The decedent's child was a minor and lacked the legal capacity to authorize the cremation. Licensee admitted that he did not witness the signature of the minor child and failed to inquire of the signatory's legal capacity authorizing the cremation. "Thomas Fernald neither admits nor denies the facts contained herein, but without limiting the scope of the foregoing clause and for the purpose of resolving this administrative case, Mr. Fernald will not contest the claim and acknowledges that if this matter went to a hearing before the Board, it is more likely than not that the facts would support the Board's findings in this Agreement." Licensee agreed to a warning and a $250 civil penalty.
LANCASTER, JOHN A., II
License Number:PR1222
License Type: Funeral Practitioner
Complaint Number: 2005-FUN-280
Disposition: Decision and Order dated 7/11/06
Summary: Licensee fell asleep during the course of conducting a funeral on September 3, 2005. Following the service, the deceased was transported by hearse. Licensee was driving the hearse in an erratic manner as demonstrated by his crossing the center line on several occasions and almost driving into a ditch on the opposite side of the road.
On September 26, 2005, licensee drove his personal vehicle 220 feet off the road into a field. There were no signs of attempts to brake the vehicle. Licensee admitted to having ingested prescription drugs and the non-prescription drug Sudafed prior to the accident. An investigating officer rendered the opinion that licensee was under the influence of a depressant and stimulant and was unable to operate a motor vehicle in a safe manner. A urine test disclosed the presence of multiple narcotic drugs. Licensee was arrested and charged with operating under the influence.
Licensee was subject to terms of probation that included no use of illegal or non-prescribed drugs and other conditions. On March 16, 2006, licensee was searched by law enforcement authorities for drugs and/or drug paraphernalia. As a result of the search, licensee was arrested and charged with violating the terms of his probation.
Licensee responded to the evidence of the events occurring on September 3, 2005 by stating that he had not imbibed any alcohol on the day in question and further did not fall asleep during the funeral service. He blamed his erratic driving on the mechanical deficiencies located in the front end of the hearse, which he had subsequently repaired. The board did not find this testimony to be credible, particularly since he at first stated that the hearse "pulled toward the center line" but later testified that the hearse had crossed the center line on several occasions. Even if licensee had not been under the influence of substances, licensee should have stopped the hearse and ascertained the problem rather than weave all over the road, which is below the standard of providing the transportation of human remains and handling same with respect and dignity.
Regarding the September 26, 2005 incident, licensee testified that he was not impaired and that he had voluntarily called the police immediately after the incident. The trial regarding the OUI case is scheduled to be heard in mid-May 2006. Licensee's testimony that the narcotics found in his urine were caused by his ingestion of Sudafed was countered by credible testimony from a forensic chemist that the findings of narcotics in licensee's urine were genuine. (Licensee also claimed to possess a Master's degree in chemistry, which was not true.)
The board revoked the license, fined licensee $1500, and ordered licensee to pay $1335.04 hearing costs.
LUFKIN, JAMES L.
License Number: AT9767
License Type: Attendant
Complaint Number: 2002-FUN-235
Disposition: Consent Agreement dated 1/10/06
Summary: Licensee admitted that he failed to disclose criminal convictions on his license application. Licensee agreed to a warning and a $250 civil penalty.
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2005
BROWN, PHILIP W.
d/b/a Brown Funeral Home
(Newport)
License Number: HO9174
License Type: Funeral Establishment
Complaint Number: FUN-249
Disposition: Consent Agreement dated 1/21/05
Summary: Licensee admitted that he failed to promptly file a complete death certificate regarding a deceased person with the Office of Vital Records despite repeated requests by that office. Licensee agreed to a warning and a $250 civil penalty.
DAIGLE-LaPLANTE, ANN
License Number: PR1611
License Type: Practitioner
Complaint Number: FUN-275
Disposition: Consent Agreement dated 4/1/05
Summary: Licensee admitted that she failed to complete the continuing education required for renewal of her license. Licensee agreed to a reprimand, and agreed to complete an additional 3 hours of continuing education. The board agreed to issue licensee a license.
ECI SERVICES OF MAINE, INC.
License Number: various
License Type: Funeral Establishment
Complaint Number: 2001-FUN-182 through -203, 2003-FUN-246
Disposition: Consent Agreement dated 11/2/05
Summary: Licensee is the corporate owner of 23 individual funeral establishments that were charged with statutory violations relating to (a) incentive compensation paid to employees for securing mortuary trust agreements, and (b) investment of mortuary trust funds in the stock market with respect to trusts that were created prior to September 18, 1999. Licensee admitted that it engaged in incentive compensation plans related to mortuary trust agreements, and that it permitted its banking institution to invest in the stock market funds contained in mortuary trust accounts established prior to September 18, 1999. Licensee denied that these practices were in violation of law. As a compromise of disputed claims, and not as an admission of liability, licensee agreed to: (1) a reprimand; (2) a civil penalty of $250 per establishment for the improper investment of mortuary trust funds, for a total of $5750 ($250 x 23); and (c) a $1500 civil penalty for improper employee incentive compensation. Licensee agreed to bring all of its mortuary trust accounts, including those created prior to September 18, 1999, into compliance with current statutory investment guidelines in 90 days. Licensee also agreed to terminate compensation arrangements which the board has identified as commissions within 90 days.
FORSYTHE, JEFFREY A.
License Number: PR9319
License Type: Practitioner of Funeral Service
Complaint Number: FUN-255
Disposition: Consent Agreement dated 3/28/05
Summary: Licensee admitted that he authorized the issuance of a disinterment permit without proper authority. Licensee agreed to a reprimand and a $500 civil penalty.
LAMSON, H. LEE, JR.
License Number: PR9384
License Type: Practitioner
Complaint Number: FUN-279
Disposition: Decision and Order dated 7/18/05
Summary: The board denied licensee's renewal application due to licensee's conviction of attempted theft by insurance deception, which licensee disclosed on his renewal application. Licensee appealed on the basis that he was sufficiently rehabilitated to warrant the public trust as a practitioner of funeral service. The board granted the appeal and renewed the license, but issued licensee a censure and placed licensee on probation for 6 months. The condition of probation is that licensee be free of any violations of law which involve acts of dishonesty or false statement.
LORD, RICHARD E.
License Number: PR1136
License Type: Practitioner
Complaint Number: FUN-268
Disposition: Consent Agreement dated 6/13/05
Summary: Decedent arrived at licensee's funeral home covered with a blanket. Licensee did not, at any time, check the positioning of the decedent's body, which was discovered a couple of days later to be positioned face down. The positioning of the decedent's body, face down, for an extended period of time, caused the postmortem condition of "livor mortis" (lividity), which prevented the family of the decedent from having the decedent viewed in an open casket. Licensee should have checked the positioning of the decedent's body when it arrived at his facility to prevent discoloration. Licensee agreed to a warning and a $250 civil penalty.
McCRORY, CHRISTOPHER M.
License Number: PR9328
License Type: Practitioner
Complaint Number: FUN-260, 264, 271
Disposition: Decision and Order dated 7/18/05
Summary: Licensee, a principal in Pine State Cremation Service, failed to refund monies from mortuary trust accounts to the three complainants, and committed other violations as described below. In #FUN-260, licensee received $2539.33 insurance proceeds, but failed to refund the difference between the amount received and the $950 contract price to the decedent's daughter and failed to correct errors in the death certificate. In #FUN-264, the day after licensee received the remains of the decedent , the decedent's son was informed that licensee was no longer in possession of the remains. A representative of licensee told the son's attorney that a full explanation of the disposition of the remains together with a refund of the $950 contract price would be forthcoming. Despite numerous attempts to contact licensee, licensee did not respond regarding the disposition of the body and refund. In #FUN-271, complainant's father contracted for cremation services for himself with both licensee and another cremation service. Licensee apparently performed no services upon the father's death, and licensee agreed to refund the $760 contract price. Licensee never made the refund.
The board revoked the license, issued a civil penalty of $13,500 for 9 violations @$1500 each (3 violations in #FUN-260, 2 violations in #FUN-264, 3 violations in #FUN-271, and 1 violation overall), and ordered licensee to pay $797.50 hearing costs.
THIBAULT, STEPHEN
License Number: PR1088
License Type: Practitioner
Complaint Number: FUN-267
Disposition: Consent Agreement dated 9/16/05
Summary: Decedent passed away in Rumford. Licensee was called in to assist in the removal of decedent to the Wheeler Funeral Home in Oakland, which could not attend to the removal itself. Because of decedent's size, decedent could not be transported by the use of a conventional mortuary cot. Decedent was first placed by the fire department personnel on a furniture dolly, then covered with bed clothing and secured to the dolly. Decedent was then removed out the second floor window of a building under the supervision of the local fire department personnel using a ladder truck and a winch. Licensee was not present at the time decedent was placed on the furniture dolly, covered with the bed clothing and secured to the dolly. After decedent reached the ground the fire department personnel placed decedent in the licensee's coach and decedent was transported to Wheeler Funeral Home. Licensee did not, at any time, check the positioning of decedent's body, which was discovered a couple of days later by Wheeler personnel to be positioned face down. The positioning of decedent's body, face down, for an extended period of time, caused the postmortem condition of "livor mortis" (lividity), which prevented the family of decedent to have decedent viewed in an open casket.
"The Board finds that the Licensee, at some point in the transportation process, should have checked the positioning of the Decedent's body prior to being transferred to Wheeler to prevent discoloration." Licensee agreed to a warning.
WILES FUNERAL HOME, INC.
License Number: HO9053, HO1583
License Type: Funeral Establishment
Complaint Number: FUN-250, FUN-270
Disposition: Consent Agreement dated 2/8/05
Summary: In FUN-250, licensee admitted that it failed to file a complete death certificate with the Office of Vital Records despite repeated requests from that office. A death certificate had been filed but it was incomplete because the license number of the practitioner was not affixed. In FUN-270, licensee admitted that it operated several branch locations without valid licenses due to its mistaken opinion that licensing of the branches was unnecessary if the primary establishment was licensed. Licensee agreed to a warning and to a $500 civil penalty for each of the two allegations, for a total civil penalty of $1000.
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2004
PRATT, Andrew
License Number: PR1316
License Type: Practitioner
Case Number: F-170, F-176, F-178, F-205, F-207, F-208, F-209, F-210, F-211, F-212, F-216, F-217, F-218, F-219, F-220, F-221, F-222, F-223
Disposition: Amended joint consent agreement with Board of Nursing dated 10/7/04
Summary: Licensee admitted that he had paid only $8,424.63 of the $59,458.91 restitution he agreed to make in the original consent agreement in these matters dated 4/11/02. The nursing board, which had previously denied Pratt's application to renew his registered professional nursing license on the basis of the 4/11/02 consent agreement with the funeral board, agreed to renew the nursing license on a probationary basis. Pratt agreed to make weekly $500 restitution payments and agreed to other mechanisms to bring about payment of the outstanding restitution.
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2003
RACKLIFF, DALE L.
License Number: AT9822
License Type: Funeral Attendant
Complaint Number: FUN-247
Disposition: Consent Agreement dated 6/24/03
Summary: Licensee admitted that he failed to disclose criminal convictions on his license application. Licensee agreed to a reprimand and a $250 civil penalty.
SMITH, GARY W.
(Brookings-Smith, Bangor)
License Number: PR1011
License Type: Practitioner of Funeral Service
Complaint Number: F-230
Disposition: Consent Agreement dated 2/13/03
Summary: Licensee admitted that he refused to perform burial services as contracted because he had not been paid in full for the services, where the contract did not require payment in advance. Licensee agreed to a reprimand and a $500 civil penalty.
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2002
PRATT, Andrew L.
License Number: PR1316
License Type: Practitioner
Case Number: F-170, F-176, F-178, F-205, F-207, F-208, F-209, F-210, F-211, F-212, F-216, F-217, F-218, F-219, F-220, F-221, F-222, F-223
Disposition: Consent Agreement dated 4/11/02
Summary: Licensee was charged with (a) failing to pay an out-of-state funeral home for funeral services performed there, even though licensee had received payment for the contracted services from the family of the deceased, (b) failing to pay another out-of-state funeral home for services performed there to enable the return of the deceased's body to Maine, even though licensee had received payment for the contracted services from the wife of the deceased, (c) failing to provide or to timely provide death certificates to customers, (d) failing to update a headstone to include the date of death despite repeated requests from family members, and (e) unauthorized withdrawal of mortuary trust funds, or inability to account for mortuary trust funds, contained in nineteen separate mortuary trusts that had been established with the licensee or which subsequently came under the control of the licensee. Licensee neither admitted nor denied these charges. Licensee agreed that his pending applications for license renewal will be denied, that he will never again be eligible for licensure at any level with the board, and that he is permanently foreclosed from owning, operating or being an employee of a funeral home in the State of Maine at any time in the future. Licensee was also issued six reprimands and was ordered to provide $82,970 restitution for the deficient amounts in all but one of the mortuary trusts identified in the consent agreement. Licensee was further ordered to pay $491.25 for administrative costs incurred in investigating these complaints.
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2001
BIRMINGHAM FUNERAL HOME (Old Town)
License Number: PR1180
License Type: Funeral Practitioner
Case Number: F-158
Disposition: Consent Agreement dated 4/5/01
Summary: Licensee failed to deposit money and establish a fund for a prearranged funeral within the requisite ten days. Licensee was issued a reprimand.
EDWARDS, Laton G.
License Number: PR1078
License Type: Practitioner
Case Number: F-146
Disposition: Consent Agreement dated 5/31/01
Summary: Licensee admitted that he failed to establish appropriate mortuary trust accounts and that he inappropriately used the funds (which he later returned to customers). Licensee further admitted that he unlawfully permitted a funeral attendant to prearrange funerals. Licensee was issued a reprimand and a $2000 civil penalty.
JACQUES, Normand G.
License Number: AT9701
License Type: Attendant
Case Number: FUN-174
Disposition: Consent Agreement dated 6/26/01
Summary: Licensee admitted that he failed to disclose a criminal conviction on his license application. Licensee was issued a reprimand.
McFARLAND, Paul C.
License Number:PR1656
License Type: Practitioner
Case Number: Dkt. No. CV-99-194 (Kennebec County Superior Court)
Disposition: Superior Court Consent Judgment and Order dated 10/1/01
Summary: Licensee admitted to mortuary trust violations which had earlier resulted in licensee's surrender of license to the board and licensee's criminal conviction in Hancock County Superior Court. License was ordered to (a) make restitution in the total amount of $282,205 to 120 owners of mortuary trusts or their legal representatives; (b) pay a $10,000 fine arising from his violation of a consent agreement with the board; (c) pay $10,000 in civil penalties for violations of the Maine Unfair Trade Practices Act.
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2000
HODGE, Bettina J.
License Number: TR9669
License Type: Trainee
Case Number: F-164
Disposition: Consent Agreement dated 9/25/00
Summary: Licensee admitted that she failed to disclose a criminal conviction on her license application. Licensee was issued a reprimand, was ordered to surrender her license, and was prohibited from reapplying for licensure for at least one year.
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Last Updated:
July 10, 2008
