Official Board Minutes For September 21, 2010
Via Teleconference
Members Present:

Daryl Isburg, President

Tim Bachman, Member

Howard Sogn, Member

Jim Goglin, Member

Susan Bentsen, Member

Alfred Rude, Vice-President

David Volk, Lay Member

Anthony Nelson, RN, Dept. of Health (Non-voting member)

Members Absent: 

None                            

Others Present:

Carol Tellinghuisen, Executive Secretary
Paula Spargur, Executive Assistant

President Isburg called the meeting to order at 2:05 PM MT.

Corrections or additions to the agenda:  Tellinghuisen requested to add review of an applicant’s credentials and a vital records question.  Nelson advised the vital records question could be addressed under “Legislation-late fee”.

Welcome new board member:  Isburg welcomed David Volk to the Board.

Approval of Minutes:  Bachman moved and Goglin seconded to approve the minutes from May 12, 2010.  Motion carried by unanimous vote. 

FY Financial Update:  Spargur reported fiscal year to date figures as of July 31, 2010: year to date revenue of $50.00; expenditures of $3,481.21 and cash balance of $21,443.50.  Bachman moved and Goglin seconded to approve the financial update.  Motion carried by unanimous vote. 

 

Inspections Update:  Bachman, Sogn and Isburg reported inspections were going well and would be completed by the end of the year.

Trainee license/mortuary student:  Bachman suggested that if a person is enrolled in an accredited mortuary science program the board should develop a certificate that allows them to practice in a trainee role when they are home for weekends and holidays.  The certificate would allow them to function as a trainee, but the hours would not count towards apprenticeship’s 2080 hours.  Bachman will take this idea and work on drafting legislation for the next meeting.  Bachman will also work on cleaning up the language on the trainee sections and work on revising the forms.

Legislation – late fee:  The Board discussed changing legislation to charge a late fee on renewals received after December 31st and changing the language on administering the exam.  The Board decided not to pursue either legislative change at this time.  Sogn suggested we instead consider dealing with non-renewals through an inspection/re-inspection process.  If an establishment doesn’t renew by December 31st it’s considered in violation of SDCL 36-19-37.

36-19-37. Expiration and annual renewal of licenses—Fee. All licenses issued under the provisions of this chapter are valid only until the following thirty-first day of December.  If a licensee desires a renewal of such license, the State Board of Funeral Service shall grant it, except for cause in compliance with chapter 1-26.  All applications for renewal shall be made within thirty days prior to the expiration of the license and shall by accompanied by a renewal fee not to exceed two hundred fifty dollars, set by the board, by rule promulgated  pursuant to chapter 1-26.

The Board office will provide the inspectors a list of non-renewals the first week of January.  An inspector goes to those facilities to verify if their license and current seal is posted.  If the inspector visits the establishment and they have not renewed, the inspector will notify the Board office of violation and a re-inspection would need to occur.  Re-inspection would consist of contacting the Board office in 20 days to verify renewal.  If still in non-compliance the Board office will contact Attorney John Strohman and Register of Deeds, Anthony Nelson who will lock them out of the vital records system.

Applicant’s credentials:  Bachman moved and Bentsen seconded to approve licensure for Nicole Johnson.  Motion carried by roll call vote:  Isburg, yes; Bentsen, yes; Bachman, yes; Rude, yes; Goglin, yes; Volk, yes; Sogn, yes.

The Board discussed revising 20:45:03:03 regarding college coursework requirements in regards to reciprocity.  Tellinghuisen advised the Board that they should review other state requirements for more consistency across state lines and consistency within the state.  The Board agreed.  The board office will research surrounding states and distribute to the board to consider for revision.  For the next meeting we will discuss college coursework, trainee revisions and the re-inspection process for non-renewals.

 

Complaints/Investigations:

 

#144- Still pending.

#145-Sogn recommended the complaint be dismissed due to lack of any violation of SD Codified law.  Bachman moved and Rude seconded to dismiss.  Motion carried by roll call vote: Isburg, yes; Bentsen, yes; Bachman, yes; Rude, yes; Goglin, yes; Volk, yes.

#146-Bachman recommended the complaint be dismissed based on no SD Codified law being compromised.  Sogn moved and Rude seconded to dismiss. Motion carried by roll call vote: Isburg, yes; Bentsen, yes; Sogn, yes; Rude, yes; Goglin, yes; Volk, yes.

#147-Bachman recommended the complaint be dismissed based on no SD Codified law being compromised.  Sogn moved and Rude seconded to dismiss. Motion carried by roll call vote: Isburg, yes; Bentsen, yes; Sogn, yes; Rude, yes; Goglin, yes; Volk, yes.  

Schedule next meeting:  The next meeting is tentatively scheduled for December. The Board office will send possible dates around to schedule the meeting.  Bachman moved and Sogn seconded to adjourn.  The meeting was adjourned at 3:42 PM MT