STATE BOARD OF FUNERAL SERVICE

BOARD MEETING MINUTES

FEBRUARY 13, 2003

 

MEMBERS PRESENT

 

Robert Barnes, Chair

Jennifer Minkowitz

Paul Fredette

Bethel Shields

Ernest Marriner

Normand Lambert

 

MEMBERS ABSENT

 

Hervey Clay

John Dunn

 

OTHERS PRESENT

 

Judith Peters, Assistant Attorney General

Diane Bradstreet, Board Clerk

 

CALL TO ORDER

 

Robert Barnes, Chair, called the meeting to order at 9:00 a.m.

 

APPROVAL OF MINUTES

 

In a motion by Bethel Shields, seconded by Paul Fredette, the minutes from the October 10, 2002 meeting were unanimously approved as amended.

 

ELECTION OF OFFICERS

 

In a motion by Bethel Shields, seconded by Paul Fredette, the Board voted unanimously to re-elect Robert Barnes as Chairman.

 

In a motion by Robert Barnes, seconded by Bethel Shields, the Board voted unanimously to re-elect Hervey Clay as Vice Chairman.

 

In a motion by Robert Barnes, seconded by Jennifer Minkowitz, the Board voted unanimously to re-elect John Dunn as Secretary.

 

COMPLAINT PRESENTATIONS

 

In the absence of Complaint Officer Matthew Cyr, Assistant Attorney General Judith Peters presented the following complaints:

 

 

State Board of Funeral Service Minutes

February 13, 2003

Page 2

 

Complaint #F-243 – In a motion by Jennifer Minkowitz, seconded by Bethel Shields, the Board voted unanimously to dismiss this complaint due to a lack of or insufficient evidence of any violation of law or rule.

 

Complaint #F-242 – In a motion by Ernest Marriner, seconded by Jennifer Minkowitz, the Board dismissed this complaint with a Letter of Guidance.  The issues presented did not rise to the level of a violation of the Board’s laws or rules; however, the Board did have concerns regarding this matter and voted to issue a Letter of Guidance.  All in favor with one abstention.

 

Complaint #F-244 - In a motion by Ernest Marriner, seconded by Bethel Shields, the Board voted unanimously to dismiss this complaint due to a lack of or insufficient evidence of any violation of law or rule.

 

Complaint #F-236 – In a motion by Jennifer Minkowitz, seconded by Normand Lambert, the Board voted unanimously to dismiss this complaint due to a lack of or insufficient evidence of any violation of law or rule.

 

Complaint #F-230 – In a motion by Bethel Shields, seconded by Paul Fredette, the Board voted unanimously to accept the Consent Agreement as presented by Ms. Peters. 

 

REVIEW OF APPLICATIONS

 

Baldo Esquivel – In a motion by Ernest Marriner, seconded by Paul Fredette, Mr. Esquivel’s application for registration as a Funeral Attendant was unanimously approved.

 

Robert E. Palmer – In a motion by Normand Lambert, seconded by Jennifer Minkowitz, this request for reciprocal licensure was denied based upon the fact that Mr. Palmer does not hold a comparable license from another jurisdiction with licensure eligibility requirements substantially equivalent to those of the State of Maine as required by Chapter 6, Section 1(C) of the Board’s Rules.

 

COMPLAINT BASED ON FALSIFICATION OF APPLICATION

 

On September 23, 2002, the Board received an application for a funeral attendant’s registration signed by the applicant indicating no criminal history.  The registration for this applicant was issued based on this.  On or about February 5, 2003, the State Bureau of Identification furnished a report to the Board showing that the licensee had previously been convicted. 

 

In a motion by Ernest Marriner, seconded by Jennifer Minkowitz, the Board voted unanimously to file a complaint on its own motion based upon the falsification of an application which is in violation of Title 32 MRSA §1455-A(2)(A). 

State Board of Funeral Service Minutes

February 13, 2003

Page 3

 

REQUEST FOR EXTENSION OF TIME REQUIRED TO OBTAIN CONTINUING EDUCATION CREDITS

 

A request for an extension of time in which to earn continuing education credits was received from Thomas F. Staples of Staples Funeral Home.  Mr. Staples has been ill and has only been able to earn three of the required six hours of continuing education credits needed to renew his Funeral Practitioner’s license. 

 

In a motion by Normand Lambert, seconded by Bethel Shields, the Board voted unanimously to grant Mr. Staples a 90 day extension in which to complete his required six hours of continuing education credits.  Mr. Staples’ license will be issued upon receipt and approval of all credits.

 

ADJOURN

 

There being no further business, the meeting was adjourned at 11:30 a.m.

 

Respectfully submitted,

 

 

 

Diane J. Bradstreet

Board Clerk