Daryl Isburg, President
Susan Bentsen, Secretary-Treasurer
Tim Bachman, Member
Howard Sogn, Member
Jim Goglin, Member
Anthony Nelson, RN, Dept. of Health (Non-voting member)
Alfred Rude, Vice-President
Members Absent:
Jim Benham, Lay Member
Others Present:
Carol Tellinghuisen, Executive Secretary
Paula Spargur, Executive AssistantJohn Strohman, Office of the Attorney General
Mark Mount, Platte
Josh Fiedler, Sioux Falls
James Jones, Parker
Myron Nohava, Baltic
Tammy Kerr, Funeral Directors Association
President Isburg called the meeting to order at 12:00 PM CT at the Ramkota Hotel & Convention Center in Sioux Falls.
Corrections or additions to the agenda: Isburg requested to move Item #10 e. after Item #4. Nelson requested to add a records question and discussion regarding the exam revisions. Tellinghuisen requested to add review of a trainee and an embalmer application.
Approval of Minutes: Howard moved and Bentsen seconded to approve the minutes from March 16, 2010. Motion carried by unanimous vote.
Isburg reiterated some of the points from the last board meeting including; the board’s scope is very narrow and that the board should look to the association for changing law that isn’t protection of the public. Strohman further clarified points from the last meeting reminding everyone we can propose law as long as it is about health and safety of the public. That is why we have a group of experts on the board. The association is at the forefront of marketing and increasing profitability of the industry.
FY Financial Update: Spargur reported fiscal year to date figures as of March 31, 2010: year to date revenue of $71,092.26; expenditures of $48,324.35 and cash balance of $36,516.47. Bachman asked if it was acceptable to sponsor the association’s speaker. Strohman advised that it was fine as long as the speaker was providing educational information not for marketing purposes. Bachman moved and Rude seconded to approve financial update.
Strohman Update: Strohman provided an update to the board on the non-renewal of licenses. There were four delinquent licenses that we were going to contact the states attorney office for remedy. The board office made informal contact with the parties to ensure there wasn’t a misunderstanding and all but one renewed and that one is not operating. Strohman stated that it is okay as long as that establishment doesn’t even operate once without a license. The message needs to be sent that we are going to take this matter very seriously. Isburg recommended a late fee for those who do not renew by January 1st. The board office will send a certified letter and fax as of January 1st and at that time there will be a late fee of 50% of the renewal fee. If renewed more than 30 days after that there will be a late fee of 75% of the renewal fee. The board office will contact Attorney Stanton to begin the process to add this to the law. Nelson advised the board that a late fee doesn’t mean we can’t take further action because reality is, they cannot practice as of January 1st. A letter will be sent with the renewal notice that explains the late fee. Strohman requested to review the letter prior to it being mailed.
Inspection Form: Strohman assisted Isburg in revising the establishment inspection form. The board office has sent the form to the state to be revised and will send to the inspectors for their review prior to distributing. Isburg and Strohman will review the crematory inspection form and send the revisions to the board office once complete.
Election of officers: Goglin moved and Bentsen seconded to maintain the current slate of officers. Motion carried by unanimous vote.
Complaints/Investigations:
Strohman requested he be notified first, before going to the complaint officer, when a complaint comes into the board office. The public needs to know there isn’t any impropriety. Sogn moved and Bentsen seconded to enter executive session at 12:43 PM CT to discuss complaints and applicants. Motion carried by unanimous vote. Strohman exited the meeting at 1:24 PM CT. Sogn moved and Bentsen seconded to exit executive session at 1:29 PM CT. Motion carried by unanimous vote. Sogn moved and Bentsen seconded to recess for 15 minutes at 1:29 PM CT. Motion carried by unanimous vote. The board reconvened at 1:45 PM CT.
Applicant A- Strohman advised the board they could use SDCL 36-19-24 to license an out of state applicant if the other state maintains a system and standard of examination for license which is substantially equivalent to that required in South Dakota. Bachman stated it is substantially equivalent. Bachman moved and Rude seconded to approve applicant A for licensure based on passing of the South Dakota exam. Motion carried by unanimous vote.
Applicant B- Sogn moved and Bentsen seconded to approve trainee license. Motion carried by unanimous vote.
#143- Bentsen recommended to dismiss complaint/investigation #143. If dismissal approved Bentsen recommended sending an educational letter. Sogn moved and Bachman seconded to dismiss. Motion carried by unanimous vote.
#144-still pending
#145-still pending
#146-still pending
Exam: The board discussed the exam and is ready to administer it.
Extension of trainee license: Bachman reviews requests for extensions of trainees license. He questioned at what point do we create a perpetual trainee. He will continue to review them carefully and if unsure will bring to the full board for approval. Bachman and Bentsen asked the board office to email them when a new trainee license is issued so they can assist the trainee on getting their transcripts reviewed and coach them on the process. Bachman will work on revising the trainee forms and bring to the next meeting.
Water resolution laws: Sogn described this new process of using heat and chemicals to reduce the body instead of flame. It takes 2-3 hours for the body to be reduced to a skeleton and then it crushes with the hands. Sogn will do more research on this method.
Law Changes:
a) Visitation chapels-store fronts: Nohava stated the Bereavement Bill of Rights may become part of the FTC this year. The law that was passed this session required a chapel be through a licensed funeral establishement. Nelson advised the board they must legislate with the consumer in mind. The board needs to be able to answer is there a problem, is there a potential problem, does it have public interest. The board would need to decide if a chapel would need to be inspected, should there be a fee, what are other states doing, what are the
potential problems. If someone would like to change the current regulation they need to write a synopsis and create a table to answer these questions.
b) Define funeral embalmer, funeral director and scope of practice: The board challenged a member to come back with the questions asked and answered at the next meeting if they were interested in changing this.
c) False listing: The board determined this is not a protection of the public issue.
d) Other administrative changes: The board will pursue changing the law regarding board being present during exam to designee of the board , board member or board staff and also adding a late fee for renewal during this year’s legislative session.
Goglin had a concern during a previous meeting that death certificates were being run through chapels that weren’t licensed rather than licensed establishments. Nelson explained the department’s procedure for filing death certificates and the checks and balance system in place to try to eliminate unlicensed people from being able to file. The board office will send updated lists of all licenses to Nelson and will notify him of non-renewals and new licenses as issued.
Schedule next meeting: The next meeting was tentatively scheduled for July 13, 2010 at 3:00 PM CT/2:00 PM MT provided recommendation of a complaint is ready for vote. If not ready Board office will send out new dates. Bachman moved and Goglin seconded to adjourn. The meeting was adjourned at 3:59 PM CT.
