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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of December 9, 2004 Board Meeting
Others
Present: Penny
Vaillancourt, Administrator; Judith Peters, Assistant Attorney General and Diane
Bradstreet, Board Clerk
Members Absent: Jennifer Minkowitz
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 9:00 a.m.
In a
motion by Normand Lambert, seconded by John
Dunn, the minutes from the October 14, 2004
meeting were unanimously approved as written.
COMPLAINT
PRESENTATIONS
Complaint
#FUN-249 – In a motion by Normand Lambert, seconded by John
Dunn, the Board voted to offer the licensee a consent agreement for violation
of 32 M.R.S.A. § 1455-A (2) (J) (“negligent, careless or willful noncompliance
of the laws relating to filing death certificates”) of the Board’s Rules.
The proposed terms of the
consent agreement are admission to failing to promptly file a complete death
certificate, acceptance of a formal reprimand for this violation and payment of
a $250.00 fine. All in favor with Hervey
Clay recused.
Complaint
#FUN-250 and 270 – In a motion by Ernest Marriner, seconded by John
Dunn,
the Board voted to offer the
licensee a consent agreement for violation of 32 M.R.S.A. § 1455-A (2) (J) (“negligent
careless or willful noncompliance of the laws relating to filing death
certificates”) and (2) (M) (“any violation of this Chapter or any rule of the
Board”) referring to Chapter 7, Section 1 of the Board’s Rules (“every branch
of every funeral establishment shall be registered”) respectively.
The proposed terms of the
consent agreement are admission both to failing to file promptly a complete
death certificate and operating unlicensed branch locations and its acceptance
of a formal reprimand for these violations; and payment of a fine of $500.00
for each of the two violations.
Vote: 5 in favor, 1 opposed and Hervey Clay recused
Complaint
#FUN-255 – In a motion by John Dunn, seconded by Ernest
Marriner, the Board voted to offer the licensee a consent agreement for
violation of 32 M.R.S.A. § 1455-A (2) (J) (“failure to file certificate for disinterment
without proper authority”) of the Board’s Rules.
Board of Funeral Service
Minutes
December 9, 2004
Page 2
The proposed terms of the
consent agreement are admission to failing to file proper certificate for disinterment
without proper authority, acceptance of a formal reprimand for this violation;
and payment of a fine of $500.00.
Complaint
#FUN-260 and 264 -
In a motion by John Dunn,
seconded by Ernest Marriner, the Board voted to offer the licensee a consent
agreement for violation of 32 M.R.S.A. § 1455-A(2)(K) (“negligent, careless or
willful noncompliance with the laws relating to filing death certificates”) and
(K) (“gross incompetency, negligence or misconduct in
carrying on the business or profession of funeral service”).
The proposed terms of the consent
agreement are admission to failing to file an accurate death certificate and
failing to keep accurate and business complete records; and agreement to
surrender permanently his funeral practitioner license and agreement to not
seek licensure with the Board in the future.
APPEAL
OF CONTINUING EDUCATION DENIAL
Reviewed was an appeal of the
Board’s denial of on-line courses for 360Training. 360Training submitted facts to support their
contention that the denied courses do contribute directly to the funeral
service profession and informed the Board that their courses had also been
approved by several state boards.
In accordance with Chapter 11,
Section 7(A) of the Board’s Rules, programs are deemed approved for continuing
education credit without further action of the Board if they have been
hosted/sponsored and approved for continuing education credit by any state
funeral board or state licensing authority.
In a motion by John Dunn, seconded by Normand Lambert, the Board voted
unanimously to grant 360Training’s appeal pending verification that their
programs are approved by other states licensing boards.
CONTINUING
EDUCATION APPROVAL
In a motion by Normand Lambert,
seconded by John Dunn, the Board voted unanimously to approve the attached list
of continuing education programs as reviewed today by the Continuing Education
Committee.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Ms. Vaillancourt
indicated that an executive order was issued by the Governor’s Office that included
a hiring freeze as well as restrictions on travel. Ms. Vaillancourt
also informed the board that the 122nd Legislature was in
session. Any legislation that affects
the board or the profession will be monitored by the department and forwarded
to the board members for their information.
Ms. Vaillancourt also reminded the board of
the department’s policy of making contact with the media. Ms. Vaillancourt
will also provide the board with an update regarding the state examination at
the January meeting.
Board of Funeral Service Minutes
December 9, 2004
Page 3
Respectfully submitted,
Diane
J. Bradstreet
Board Clerk