Skip Maine state header navigation
STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of April 12, 2005 Board Meeting
Others Present: Penny Vaillancourt,
Administrator; Jack Richards, Assistant Attorney General; Kevin Cookson, OLR
Board Investigator and Diane Bradstreet, Board Clerk
Members Absent: Robert Barnes, Chair
CALL TO
ORDER
Jennifer Minkowitz, Vice Chair,
called the meeting to order at 9:00 a.m.
In a
motion by Normand Lambert, seconded by Paul Fredette, the minutes from the February
8, 2005 meeting were unanimously approved as amended.
COMPLAINT
REPRESENTATION
Complaint
#FUN-235 - In a motion by John Dunn, seconded by Normand
Lambert, the Board voted to offer this licensee a Consent Agreement for
violation of 32 M.R.S.A. § 1455-A(2)(A) (“unprofessional conduct by obtaining a
license by fraud”).
The proposed terms of the Consent
Agreement are an admission to the violations, a warning and a fine of
$250.00. All in favor with Hervey Clay
recused.
Complaint
#FUN-253 – In a motion by motion by Ernest Marriner,
seconded by Bethel Shields, the Board voted to dismiss this complaint as there
is no evidence of violation of the mortuary trust agreement as executed by the
licensed practitioner, and that the non-revocable terms of the agreement met
current statutory requirements. All in
favor with Hervey Clay recused.
Complaint
#FUN-259 – In a motion by Ernest Marriner, seconded by
Bethel Shields, the Board voted to offer the licensee a Consent Agreement for violation
of 32 M.R.S.A. § 1455-A (“unprofessional conduct in failing to adhere to the
Board’s mortuary trust law as contained in
§ 1401 (pre-1999 statute)”) and
a violation of 32 M.R.S.A. § 1401 (“investing in the stock market”).
The proposed terms of the
Consent Agreement are an admission to the violations, a warning and a fine of
$250.00 per violation for a total of $500.00.
All in favor with Hervey Clay and Paul Fredette recused.
Complaint
#FUN-267 – In a motion by Ernest Marriner, seconded by
Bethel Shields, the Board voted to offer the licensee a Consent Agreement for
violation of 32 M.R.S.A. § 1455-A(2)(K) (“unprofessional conduct – gross incompetency,
negligence or misconduct in carrying on the business or profession of funeral
service”) and a violation of § 1455-A(2)(L) (“unprofessional conduct – abuse or
disrespect in the handling of human remains, violation of
Board of Funeral Service Minutes
April 12, 2005
Page 2
any law or ordinance affecting
the handling, custody, care or transportation of human remains”).
The proposed terms of the
Consent Agreement are an admission of the violations and a warning. All in favor with Hervey Clay and Paul
Fredette recused.
Complaint
#FUN-268 - In a motion by Normand Lambert, seconded by Paul
Fredette, the Board voted to offer the licensee a Consent Agreement for
violation of 32 M.R.S.A. § 1455-A(2)(K) (“unprofessional conduct – gross
incompetency, negligence or misconduct in carrying on the business or
profession of funeral service”) and a violation of § 1455-A(2)(L)
(“unprofessional conduct – abuse or disrespect in the handling of human
remains, violation of any law or ordinance affecting the handling, custody,
care or transportation of human remains”).
The proposed terms of the
Consent Agreement are an admission to the violations, a warning and a fine of
$125.00 per violation for a total of $250.00.
All in favor with Hervey Clay and Paul Fredette recused.
Complaint
#FUN-271 – It is the complaint committee’s recommendation that
the Board set this matter for adjudicatory hearing for violation of 32 M.R.S.A.
§ 1455-A (“failing to meet the terms of the mortuary trust agreement for
failure to refund mortuary trust account”).
Additionally, the complaint committee recommends that the case be
referred to the Attorney General’s Office for criminal investigation.
In light of the recent
investigation regarding the status of this licensee and the licensee’s business
and considering the licensee’s failure to respond to two previous complaints
filed against him, the committee is also recommending that if this matter is set for an adjudicatory hearing that
it include all three complaints filed against this individual.
In a motion by Normand Lambert,
seconded by Paul Fredette, the Board voted that this matter be set up for an
adjudicatory hearing and that all three complaints be included.
ACTION
ON TABLED RENEWAL APPLICATION
Upon review of additional documentation
regarding H. Lee Lamson’s criminal conviction of February 24, 2005, for
“Attempted Theft by Insurance Deception”, which is a Class E crime, in a motion
by John Dunn, seconded by Bethel Shields, the Board voted unanimously to deny
Mr. Lamson’s application for renewal of licensure as a funeral practitioner for
the following reason(s):
32 M.R.S.A. § 1455-A provides
that the board may refuse to license or renew a license for the following
reason: “Criminal conviction. Subject to the limitations of Title 5, Chapter
341, conviction of a crime which involves dishonesty or false statement or
which relates directly to the practice of funeral service, or conviction of any
crime for which incarceration for one year or more may be imposed.”
Board of Funeral Service
Minutes
April 12, 2005
Page 3
CONTINUING
EDUCATION APPROVAL
In a motion by Normand Lambert,
seconded by Bethel Shields, the Board voted unanimously to approve the attached
list of continuing education programs as reviewed by the Continuing Education
Committee at the February 8, 2005 meeting.
ELECTION
OF COMPLAINT OFFICER
In a motion by Normand Lambert,
seconded by John Dunn, the Board voted unanimously to re-elect Hervey Clay as
the Complaint Officer.
APPLICATION
REVIEW
Stephen Mentovay’s application
for licensure as a funeral practitioner and application for state examination
was reviewed and in a motion by John Dunn, seconded by Ernest Marriner, the
Board voted unanimously to deny this application for failure to submit evidence of his trainee/apprenticeship
experience gained in another jurisdiction, as outlined in 32 MRSA, Section 1501
and Chapter 5, Section 1 of the board’s rules.
INFORMATION
REGARDING CRIMINAL CONVICTION
The Board was presented with
information regarding an individual who filed for licensure as a Funeral Attendant
on February 2, 1999 and was granted licensure on February 2, 1999. When asked the question on the application
“Have you ever been convicted of a criminal offense other than a minor traffic
violation?” he answered “No”. That
license expired on February 1, 2001.
On December 14, 2000, this same
individual filed for licensure as a Practitioner Trainee and was granted
licensure on January 9, 2001. When asked
the question on the application “Have you ever pled guilty to, pled no contest
to, or been found guilty of any crime?” he answered “No”.
This office has received
information that this individual, prior to becoming licensed with the Board,
had been convicted of a felony.
These actions constitute a
violation of 32 M.R.S.A. Section 1455-A, specifically, Section 1455-A (2) which
defines unprofessional behavior to include:
“Misrepresentation or fraud in obtaining a license or in the conduct of
the funeral profession. As a result of
these actions, in a motion by John Dunn, seconded by Normand Lambert, the Board
voted unanimously to initiate a complaint against this licensee.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Ms. Vaillancourt provided the Board with a financial
and a legislative update.
REVIEW
OF PROPOSED RULES
The Board reviewed and made additional changes to
the proposed rules as prepared by Staff Attorney Jeffrey Frankel. Mr. Frankel will present a new draft for the
Board’s review at the next meeting.
Board of Funeral Service
Minutes
April 12, 2005
Page 4
Respectfully submitted,
Diane J. Bradstreet
Board Clerk