Daryl Isburg, President
Tim Bachman, Member
Howard Sogn, Member
Jim Goglin, Member
Anthony Nelson, RN, Dept. of Health (Non-voting member)
Alfred Rude, Vice-President
Jim Benham, Lay Member
Susan Bentsen, Member
Carol Tellinghuisen, Executive Secretary
Paula Spargur, Executive Assistant
President Isburg called the meeting to order at 8:18 AM MT at The Lodge at Deadwood, SD.
Corrections or additions to the agenda: Isburg requested to add false listings and transferring of bodies across state lines to the agenda.
Approval of Minutes: Goglin asked if Nelson had gotten an answer if the Department could prohibit death certificates from running through a chapel license rather than an establishment. Nelson received the list of licensed establishments from the Board office and will check with technical support to see if they can provide assistance. Rude moved and Sogn seconded to approve the minutes from September 29, 2009. Motion carried by unanimous vote.
FY Financial Update: Spargur reported fiscal year to date figures as of November 30, 2009: year to date revenue of $32,717.26; expenditures of $20,725.48 and cash balance of $25,740.34. Bachman moved and Goglin seconded to approve the financial update. Motion carried by unanimous vote.
Welcome SDFDA members: Welcome to Myron Nohava and Mandie Luikens from the South Dakota Funeral Director’s Association. Nohava provided the survey results from the Association. The Association supports the idea of requiring continuing education. Bachman reported on the research he had done on continuing education and asked the questions: Who’s in charge? Who pays? How are the programs approved? Where will the programs come from? What about the small funeral homes that can’t allow their people to attend a convention? Are we prepared? Bachman said if it goes in that direction the Association can bring the law forward for mandatory continuing education. As a Board we have to be prepared. Luikens reported that Association participation has decreased. Discussion was held on what can be done to get people to attend the conventions. Nelson explained that it is not the responsibility of the board to assist in increasing participation of Association conferences. Isburg stated he would like to see four things go through legislation. Tellinghuisen advised that the board must be careful to keep Association issues separate from board issues. We must be careful what the Board supports as legislation is in the best interest of the public. Bachman reiterated Tellinghuisen’s statement and said he had been confused as to the function of the two entities but he was beginning to understand the different roles each entity plays and the Board must always remember their role is different from the role of the Association. Preneed was briefly discussed and the possibility of changing the requirement to 100% trusting. Bachman reminded the Board that they must concentrate on regulation that supports public interest. Sogn suggested that a funeral home be allowed to be the beneficiary of an insurance policy. Nohava will talk to the Association’s lobbyist regarding this possibility. Luikens would like the Board to proceed forward with the licensing of funeral chapels. Nohava informed the board that Pat Smith will be speaking during the Association meeting on parliamentary procedure. The Board agreed they would like to attend this seminar and will work to schedule their business meeting around it.
Sogn moved and Goglin seconded to enter executive session at 9:30 AM MT to discuss complaints and investigations. Motion carried by unanimous vote. Nohava and Luikens exited the meeting. Bachman moved and Rude seconded to exit executive session at 9:46 AM MT. Nohava and Luikens joined the meeting.
#140- Spargur reported that Bentsen recommended the complaint be dismissed due to compliance. Sogn moved and Bachman seconded to dismiss. Motion carried by unanimous vote with Goglin abstaining.
#141-Isburg recommended the complaint be dismissed due to lack of substantive evidence. Rude moved and Sogn seconded to dismiss. Motion carried by unanimous vote with Bachman and Goglin abstaining.
#142-Bachman recommended the complaint be dismissed due to lack of substantive evidence. Goglin moved and Rude seconded to dismiss. Motion carried by unanimous vote.
Investigation Process: The Board reviewed the letter written by our legal counsel, John Strohman.
Inspections: Nelson reviewed the principles of documentation and non-compliance statements with the board to assist if an establishment has an unsatisfactory inspection. Isburg will meet with Strohman to revise the inspection forms. The inspectors agreed to use the new form for the 2010 inspections. Discussion was held on adding phone inspections as an option to re-inspections. Bachman and Sogn will be dividing up the territory with Isburg.
State Exam Revisions: Bachman moved and Sogn seconded to enter executive session at 10:53 AM MT to discuss the examination. Nohava and Luikens exited the meeting. Bachman moved and Rude seconded to exit executive session at 11:26 AM MT. Nohava joined the meeting. The Board discussed the revised state exam. Nelson advised the Board office to provide applicant’s copies of all Laws and rules that are addressed in the exam. Bachman and Nelson will evaluate and have the exam ready for the state convention.
Display of Funeral Establishment Licenses and Seals: Isburg asked if there was a law requring funeral establishments to display and have their seal affixed to their license. Tellinghuisen referred them to 36-19-35 and 36-19-36. The Board discussed and inspectors will remind licensees that the seal must be present on license and displayed in a conspicuous place in their place of business.
Doctors that are on-line for completion of death certificates: Nelson advised doctors are not required by statute to file on line.
Conferences in February: Isburg questioned if Board members could attend the National Conference in February. Tellinghuisen will check with the Department of Health if out of state travel is allowed.
Sponsors/Apprenticeship: Bachman contacts the sponsor and apprentice once or twice a year to check the progress of the traineeship. The Board agreed to discuss the forms and procedures for trainees at the next in person meeting per Isburg’s request.
Continuing Education, can modern technology and websites be utilized: The Board discussed the issues associated with mandatory continuing education. The Board agreed to discuss mandatory continuing education at the next in person meeting.
Status of College in Sioux Falls: Bachman reported that the college has been put on hold for a few years and then it will be revisited.
How often should the Board of Funeral Service meet: The Board discussed how often they should meet and they determined they would meet based on the volume of business. Nelson advised the board to keep costs down they should try to meet via teleconference as often as possible.
Non-participation of Board Members: Tellinghuisen and Bachman both expressed that the Board should simply let the term expire in July.
The Board recessed for lunch at 12:20 PM MT and reconvened at 1:35 PM MT.
False Listing: The question was raised whether we should require people to be licensed to transfer bodies across state line. Some states do require licensure to remove bodies.
Law Revisions: The Board reviewed the law and determined which areas they wished to proceed forward with for the 2011 Legislative Session: 1) Visitation Chapels-store fronts 2) Define funeral embalmer, funeral director and scope of practice 3) Inspection revisits 4) False listing-new construction. The Board office will forward the law and rules from the surrounding states to the board members for review.
Association Speaker: Bachman moved and Goglin seconded to sponsor $500.00 for the speaker for the Association meeting in May 2010. Motion carried by unanimous vote.
Schedule next meeting: The next meeting is scheduled for May 2010 in conjunction with the Association Meeting. Bachman moved and Sogn seconded to adjourn. The meeting was adjourned at 3:02 PM MT.