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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of
Others Present: Penny
Vaillancourt, Administrator; Judith Peters, Assistant Attorney General; Matthew
Cyr, Board Inspector and Diane Bradstreet, Board Clerk
Members Absent: Normand
Lambert
CALL TO ORDER
Robert Barnes, Chair, called the meeting to order at
In a motion by Hervey Clay,
seconded by Bethel Shields, the minutes from the
COMPLAINT PRESENTATIONS
The Board reviewed
additional documentation presented in Complaint #FUN-239. Action on this complaint was tabled at the
September meeting pending receipt of further material.
Paul Fredette made a motion
to dismiss this complaint. The motion was seconded by John Dunn. The motion was defeated in a vote of two in favor
and four opposed.
Hervey Clay made a motion
to send a letter of guidance to the licensee.
The motion was seconded by Ernest Marriner. The motion passed in a vote of four in favor
and two opposed. Ernest Marriner then
made a motion to keep the letter of guidance in the licensees’ file for a
period of one year. The motion was
seconded by Bethel Shields. The motion
passed in a vote of four in favor and two opposed.
Penny Vaillancourt informed
the Board that there are a number of pending complaints that will be forwarded
to the Complaint Committee for their review.
INSPECTION REPORT
Inspector Matthew Cyr conducted
four inspections in September. Three
establishments passed inspection and one is on hold.
Board of Funeral Service
Minutes
Page 2
One of the establishments
inspected this month revealed that they sub-contract all of its embalming
services to another licensed funeral establishment. Penny Vaillancourt requested the Board to review
this practice to determine two things:
First, does the statute require an establishment to maintain an
embalming room if no embalming is performed at the location; and second, does
the Board want additional paperwork at the time of inspection to indicate the
name of the sub-contractor? The Board
reviewed its statute and rules regarding the inspection of prep rooms. According to Board statute, Section 1501, a
funeral establishment, in which the preparation of dead bodies takes place,
must contain an equipped preparation room; therefore, if embalming is not being
performed at the establishment, the Board concluded that a prep room is not
required. In terms of paperwork, the
Board will not require Matt Cyr to collect the name of the subcontractor, but
determined that the original funeral establishment is the responsible party to
the consumer in the event of a complaint regarding the services offered and
performed.
DISCUSSION REGARDING APPLICATION FOR
PRACTITIONER LICENSURE
At the August
2003 meeting, the Board reviewed an application from George L. Gagnon
requesting a reinstatement of his license as a Funeral Practitioner. Mr. Gagnon was originally licensed in this
state from 1974 to 1984. The Board voted
to approve Mr. Gagnon’s application and allow him to sit for the State Law and
Rule Examination and the Practical Examination upon receipt of documentation
from the Maine State Apprenticeship and Training Council verifying that he had
completed an apprenticeship program consisting of 2000 on-the-job training
hours at a licensed funeral establishment.
At today’s meeting, the Board reviewed the letter received from Skip
Hardt of the Maine State Apprenticeship & Training Council which stated that
in 1973 when Mr. Gagnon first became licensed, the apprenticeship program was
not in existence for practitioner licensure.
The apprenticeship program came into existence in 1985.
In a motion by Bethel Shields, seconded by John Dunn, the Board
voted to deny Mr. Gagnon’s application for examination and licensure as a
Funeral Practitioner because he did not submit a Certificate of Completion from
the Registered Apprenticeship Division documenting 2,000 on-the-job training
hours at a licensed establishment as required by Chapter 4, Section 1(B) and
Chapter 5, Section 7 of the Board’s Rules.
All in favor with one opposed.
LETTER TO LICENSEES REGARDING THE
NATIONAL CONFERENCE EXAMINATION
Penny Vaillancourt reported that a mailing has been sent to
all licensees announcing that the new state written examination for applicants
seeking licensure as funeral practitioners has been finalized and is scheduled
for it first administration on November 5, 2003.
Board of Funeral Service
Minutes
Page 3
CONTINUING EDUCATIONAL APPROVAL
In a motion by Bethel Shields, seconded by John Dunn, the
Board voted unanimously to approve the attached list of continuing education
approvals as reviewed by the Continuing Education Committee at the last meeting.
DISCUSSION REGARDING
APPLICATION FOR PRACTITIONER TRAINEE
Reviewed was the application for licensure as a Practitioner
Trainee for Richard P. Michaud, Jr.
Received with Mr. Michaud’s application was a copy of minutes from a
Board of Funeral Service meeting dated
In a motion by Jennifer Minkowitz, seconded by John Dunn,
the Board voted unanimously to notify Mr. Michaud that upon completion of his apprenticeship
program, before licensure as a funeral practitioner can be granted, according
to Board Rules, Chapter 4, Section C, Mr. Michaud will need to document that he
has attained a minimum passing score of 75% on each of the major sections of
the National Conference Examination.
Respectfully submitted,
Diane J. Bradstreet
Board Clerk