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Doneen Hollingsworth, Secretary of Health

South Dakota Board of Funeral Service

Official Board Minutes
February 29, 2012

Via Teleconference
 

Members Present:                    
Daryl Isburg, President
Tim Bachman, Member
Howard Sogn, Member
Jim Goglin, Member
Susan Bentsen, Member
David Volk, Lay Member
Stuart W. Barns, Member
Mariah Pokorny, Dept of Health(Non-voting member)                                                       

Members Absent:                       
Alfred Rude, Vice-President                                                     

Others Present:                           
Carol Tellinghuisen, Executive Secretary
Paula Spargur, Executive Assistant
John Strohman, Office of the Attorney General
Ken Vogele 

President Isburg called the meeting to order at 2:00 PM MT. 

Corrections or additions to the agenda:  Tellinghuisen advised the board that a member of the public, Ken Vogele, was present on the teleconference and he wished to be added to the agenda to discuss Funeral Home Compliance with Federal Trade Commission Rules.  Isburg advised Vogele he would be given an opportunity to speak after Item 9 on the agenda.  Strohman advised Vogele that this wasn’t the time or place that he would answer legal questions regarding his concerns but if Isburg wished to give him a few minutes to express his concerns he would be allowed to state briefly those concerns.  Strohman advised the Board he was only available for 30 minutes so if they needed legal counsel present they may wish to move those items to the top of the agenda for discussion.

Strohman discussed SDCL 36-19-37, Expiration and annual renewal of licenses; SDCL 36-19-38, Grounds for  refusal, suspension or revocation of license; and 20:45:03:07, Renewal of lapsed license.  Strohman advised an investigator will look into the matter.

Volk moved and Sogn seconded to enter executive session at 2:09 PM MT to discuss investigations.  Motion carried by unanimous vote.  Vogele exited the meeting.  Volk moved and Bachman seconded to exit executive session at 2:22 PM MT.  Motion carried by unanimous vote.  Vogele joined the meeting.

President Isburg gave the floor to Vogele.  Vogele is with Funeral Consumers Alliance of South Dakota.  Vogele discussed his concerns with the board regarding possible violations with the general price list including basic service fees, cremation costs, caskets, etc.    

Approval of Minutes from May 12, 2011 and September 14, 2011:  Volk moved and Barns seconded to approve the minutes from May 12, 2011 and September 14, 2011.  Motion carried by unanimous vote. 

FY Financial Update:  Spargur reported fiscal year to date figures as of January 31, 2012: year to date revenue of $69,193.53; expenditures of $36,538.38 and cash balance of $79,396.93.  Volk asked if the cash balance is invested.  Tellinghuisen advised that the State does invest the money for the Board.  Sogn moved and Volk seconded to approve the financial update.  Motion carried by unanimous vote.  Strohman exited the meeting at 2:28 PM MT.

Complaints/Investigations:  Sogn recommended to dismiss complaint/investigation #149 based on lack of substantive evidence.  Bachman moved and Barns seconded to dismiss.  Motion carried by unanimous vote.    Volk requested Complaint Procedure be added to the May meeting for additional discussion of the process.

Renewal form – request to eliminate social security number:  Isburg had received a letter requesting the licensee’s social security number be removed from the renewal form.  The Board discussed his concerns.  Volk moved and Sogn seconded to remove the Social Security number from the renewal form.  Motion carried by unanimous vote.

Criminal Background Checks:   The Board discussed criminal background checks.  Volk requested we table this discussion for another meeting.

Sponsorship of SDFDA Convention Speaker:  Bachman moved and Barns seconded to sponsor $500.00 of the cost of the technical speaker provided the state approves the co-sponsorship. Motion carried by unanimous vote.

 Executive Secretary Contract Renewal:  Tellinghuisen asked for renewal of her contract with a $100 monthly increase.  Volk moved and Barns seconded to enter executive session at 2:46 PM MT to discuss the executive secretary’s contract renewal.  Motion carried by unanimous vote.  Tellinghuisen, Spargur and Vogele exited the meeting.  Sogn moved and Bachman seconded to exit executive session at 3:03 PM MT.  Motion carried by unanimous vote.  Volk moved and Bachman seconded to approve Tellinghuisen’s contract with a monthly increase of $100.  Motion carried by unanimous vote.  Volk and Bentsen exited the meeting.

Bachman informed the Board that he contacted Tammy Kerr regarding the Prearranged Funeral Trust Form as it should have birth date of beneficiary instead of purchaser.  Kerr agreed to contact the NFDA.  Bachman also discussed HB 1066.

Schedule next meeting:  The next meeting will be May 9, 2012 unless a meeting is called prior.  Sogn moved and Bachman seconded to adjourn. Motion carried by unanimous vote.  The meeting was adjourned at 2:49 PM MT.