STATE OF MAINE
STATE BOARD OF FUNERAL SERVICE
Minutes of August 12, 2004 Board Meeting
Members
Present: Robert Barnes, Chair; Jennifer Minkowitz, Vice Chair;
Hervey Clay, Complaint Officer; John Dunn, Normand Lambert and Ernest Marriner
Others
Present: Penny
Vaillancourt, Administrator; Judith Peters, Assistant Attorney General, Matthew
Cyr, Board Inspector and Diane Bradstreet, Board Clerk
Members Absent: Paul Fredette
and Bethel
Shields
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 8:30 a.m.
APPROVAL OF MINUTES
In a
motion by John Dunn, seconded by Normand Lambert, the minutes from the July 8,
2004 meeting were unanimously approved as written.
COMPLAINT PRESENTATIONS
Robert
Barnes, Chair, was recused and did not participate in
the complaint presentations.
The
following complaints were presented by Judith Peters, Assistant Attorney
General and Matthew Cyr, Board Inspector:
FUN-224 FUN-252
FUN-228 FUN-254
FUN-251
In a motion
by Normand Lambert, seconded by Ernest Marriner, the
Board voted to dismiss the above complaints as there wasn’t any evidence of a
violation of either Board Rules or Law.
All in favor with Hervey Clay recused.
FUN-182 FUN-187 FUN-192 FUN-197 FUN-202
FUN-183 FUN-188 FUN-193 FUN-198 FUN-203
FUN-184 FUN-189 FUN-194 FUN-199 FUN-246
FUN-185 FUN-190 FUN-195 FUN-200
FUN-186 FUN-191 FUN-196 FUN-201
In a motion
by Normand Lambert, seconded by John Dunn, the Board voted to table the matter
of the investment of funds in the stock market, 32 M.R.S.A. §1401(B), pending
receipt of further information. All in
favor with Hervey Clay recused.
In a motion
by Ernest Marriner, seconded by John Dunn, the Board
voted that there is sufficient evidence of a violation of 32 M.R.S.A. §1402,
regarding payment of a flat fee, to pursue the disciplinary process. All in favor with Hervey Clay recused.
Board of
Funeral Service
Minutes of
August 12, 2004
Page 2
In a motion
by Normand Lambert, seconded by Ernest Marriner, the
Board voted to dismiss the matter of solicitation, 32 M.R.S.A. §1402 as there
is no evidence of a violation of either Board law or rule. All in favor with Hervey Clay recused.
DISCUSSION REGARDING THE
MODIFICATION OF ANDREW PRATT’S CONSENT AGREEMENT
Under date
of July 29, 2004, Judith Peters, Assistant Attorney General, received
correspondence from Mr. Pratt’s attorney, Brett Barber, requesting the Board to
alter the terms of the Consent Agreement that Mr. Pratt has with this Board. The Consent Agreement imposed certain
financial obligations on Mr. Pratt to provide restitution to repay various
mortuary trusts. On July 6, 2004, Mr.
Pratt voluntarily surrendered his license to practice as a registered nurse due
to his ongoing inability to repay the financial obligations of the Consent
Agreement. Mr. Pratt desires to become relicensed to practice as a registered nurse and is willing
to voluntarily make weekly payments to the State from his weekly pay once his
license is restored and he has returned to work as an R. N. The State Board of Nursing is willing to
extend a license to Mr. Pratt consistant with the
Consent Agreement and Warning dated June 29, 2004, provided that Mr. Pratt
makes payment arrangements that are satisfactory to the State Board of Funeral
Service.
Judith
Peters recommended to the Board that they allow her to modify the Consent
Agreement that Mr. Pratt entered into with the Board on April 11, 2002.
In a motion
by Ernest Marriner, seconded by Jennifer Minkowitz, the Board voted unanimously to accept the
recommendation of Judith Peters.
CONTINUING
EDUCATION APPROVAL
In a motion by Hervey Clay,
seconded by John Dunn, the Board voted unanimously to approve the list of
continuing education programs as reviewed by the Continuing Education Committee
on July 8, 2004.
CHAIR’S
REPORT – ROBERT BARNES
Robert Barnes provided the
Board with an update of the International Conference of Funeral Service
Examining Boards 100th Annual Convention which he attended on April
24-25, 2004.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Ms. Vaillancourt provided the
Board with a financial update.
Ms. Vaillancourt
requested clarification from the board regarding passing scores on the national
and state examinations and how to apply old exam scores to new applicants. The board determined that Chapter 3 of the
board’s rules specifies the length of time that an exam score can be considered
for new applicants. Chapter 3 also
establishes the passing exam scores for new applicants.
Board of
Funeral Service
Minutes of
August 12, 2004
Page 3
ADJOURN
There being
no further business, in a motion by Hervey Clay,
seconded by Normand Lambert, the meeting was adjourned at 11:00 a.m.
Respectfully submitted,
Diane
J. Bradstreet
Board Clerk
