Members Present:
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
Members Absent:
Jim Benham, Lay Member
Susan Bentsen, Member
Others Present:
Carol Tellinghuisen, Executive Secretary
Paula Spargur, Executive Assistant
President Isburg called the meeting to order at 10:15 AM MT.
Corrections or additions to the agenda: Isburg requested to add inspection/violation procedure and to move State Exam Revisions after Law Revisions. Bachman requested to add procedural questions/executive secretary duties. Nelson requested to add Department of Health procedures.
Approval of Minutes: Bachman moved and Goglin seconded to approve the minutes from Rules Hearing July 21, 2009 and Business Meeting July 21, 2009. Motion carried by unanimous vote.
FY Financial Update: Spargur reported fiscal year to date figures as of August 31, 2009: year to date revenue of $955.00; expenditures of $7, 187.33 and cash balance of $7,516.23. Rude moved and Sogn seconded to approve financial update. Motion carried by unanimous vote. The Board discussed the renewal process and it was determined that a strict adherence to the law would be followed with renewals due by December 1st. The first non-renewal letter will be sent certified mail by January 10th. If still not renewed by February 1st, an inspection will be done.
Complaints/Investigations:
#140- Bentsen reported the complaint is pending.
#141-Goglin reported the complaint is pending.
Bachman questioned the length of time complaints were taking to be completed. He asked that complaints be expedited and that we hold a special teleconference to finalize a complaint if the investigator is ready to make a recommendation. Tellinghuisen advised that the length of time is dependent upon when the Board receives the final report from the complaint officer and the Board must follow due process.
Chapel vs Establishment: The Board discussed the definition of a funeral establishment vs a chapel. It was agreed; that these terms, along with funeral director need to be defined more clearly. The Board will work on changing the law to do so for the 2011 legislative session.
Goglin asked Nelson if he was aware that chapels were running death certificates through chapel license #’s not establishment #’s. The Board office will send a list of licensed establishments to Goglin, Nelson and Isburg and Nelson will verify this.
The Board determined it would be helpful to know the number of chapels in the state so the renewal forms will be updated to include a question asking the establishments to list the number of visitation chapels associated with their establishment and their location.
Apprenticeship question: The Board office has received questions regarding extending apprenticeships. Since Bachman is working with the apprentices he will review the questions and if he needs the full board’s opinion will forward to the board office and they will forward to the full board.
Cremation remains: Isburg asked Sogn and Goglin to research information on cremated bodies and report their findings at the next meeting.
Board member training: The handout on Board Member Training was reviewed. Tellinghuisen asked if anyone had questions on any of the material contained on the handout. As there were no questions at this time she asked them to review and bring any questions to the next meeting.
Sogn moved and Goglin seconded to recess for lunch at 11:55 PM CT. The Board reconvened at 1:40 PM CT.
Law Revisions: Law revisions were discussed for the 2011 legislative session. The following topics were potential areas to change:
Chapel vs Establishment
Quorum on administering exam
Pre-arranged trust
Denial of application
Late fee
Substantially equivalent for licensure
Inspection/Violation Procedure: Isburg would like the Board to establish a procedure on inspections/violations. Nelson will work with Attorney Strohman to provide the Board with an inspection shell.
Procedural Questions/Executive Secretary Duties: Bachman feels the complaint process should take less time. He would like the board office to expedite the process. Tellinghuisen advised the burden is placed on the inspector to provide a final report the office to be reviewed by our legal counsel. The Board office cannot process the complaint until the final report is received from the complaint officer. If the complaint officer is having a problem with their report they should contact the Board office for assistance and they will confer with the AG office in assisting them to get it done in a timely manner.
Department of Health Procedures: Nelson reported that the law regarding disinterment went into effect in July and the rule change with the specifics passed. Both parents must sign the disinterment request if the child is a minor.
Nelson thanked the funeral embalmers as they have assisted in increasing the percent of signatures obtained by physicians to 83% on death certificates.
Exam Revisions: The Board worked on revising the South Dakota State Funeral Exam.
Schedule next meeting: The next meeting was tentatively scheduled for November 4, 2009 depending on if final reports and recommendations were complete on complaints. Meeting will be delayed if final reports are not received from the complaints officer. Bachman moved and Sogn seconded to adjourn. The meeting was adjourned at 5:38 PM CT.
