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Doneen Hollingsworth, Secretary of Health

South Dakota Board of Funeral Service

Official Board Minutes For October 16, 2012

 

Via Teleconference

 

Members Present:     

Daryl Isburg, President

Howard Sogn, Vice-President
Tim Bachman, Member
Alfred Rude, Lay Member  
David Volk, Lay Member
Stuart W. Barns, Member

                                                       

Members Absent:

Mariah Pokorny, Dept of Health(Non-voting member)
Sue Bentsen, Secretary-Treasurer                                                     

                                                       

Others Present:  

Carol Tellinghuisen, Executive Secretary

Paula Spargur, Executive Assistant

                                                       

President Isburg called the meeting to order at 1:06 PM MT. 

 

Corrections or additions to the agenda:  Spargur requested to add discussion on Complaints/Investigations and Bachman requested to add the Funeral Association district meetings.

 

Complaints/Investigations:  Barns recommended to dismiss complaint # 151 based on a misunderstanding and resolution from both parties.  Sogn moved and Bachman seconded to dismiss.  Motion carried by unanimous vote.

 

Bachman informed the board that continuing education is on the agenda for the Association district meetings.  The board members may be approached regarding this topic. 

 

Law Revision:  The board discussed the response from the Association to the board’s proposed legislation.  Volk moved and Sogn seconded to keep our proposed legislation on SDCL 36-19-20 the same as submitted to the Department of Health.  Motion carried by unanimous vote.  Sogn moved and Barns seconded to consider the wording on SDCL 36-19-25 and SDCL 36-19-37 to read “a maximum of half of the renewal fee” instead of the specific amount of the late fee.  Board office will check with the Department to see if they believe it is beneficial to change the wording.  If it’s not, wording will remain the same.  Motion carried by unanimous vote.   

 

The board discussed the Department’s response to SDCL 34-26A-24 and SDCL 34-26-27 and the Associations reply to our request to them to bring forward the legislation. Tellinghuisen advised that the Association will need to go forward with the wording they choose if they wish to proceed forward with this as it hasn’t been approved as an agency bill.  Volk reminded the board that we can’t go forward as a board without the approval of the Department.  Isburg will contact the Department of Health and the Association.  Bachman commented that he spent a lot of time researching this topic and law so if there are any technical questions he asked to be contacted.

 

Schedule next meeting:  The next meeting will be scheduled at a later date.  Volk moved and Sogn seconded to adjourn. Motion carried by unanimous vote.  The meeting was adjourned at 1:58 PM MT. 

Complaints/Investigations: 
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.