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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of July 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: Hervey Clay, Complaint Officer;
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 9:00 a.m.
In a
motion by Jennifer Minkowitz, seconded by Normand Lambert, the minutes from the
June 14, 2005 meeting were unanimously approved as written.
INFORMAL
CONFERENCE ON COMPLAINT #FUN-266
This informal conference was
rescheduled to the August meeting.
REVIEW
AND APPROVAL OF THE CHRISTOPHER MCCRORY DECISION AND ORDER
In a motion by Normand Lambert,
seconded by John Dunn, the Board voted to approve Christopher McCrory’s
Decision and Order as amended. The
Decision and Order will state that Mr. McCrory had nine (9) violations and that
he shall pay a fine of $13, 500. All in
favor with John Dunn recused.
DISCUSSION
REGARDING RESOLVE 106
Penny Vaillancourt and Jack
Richards brought the Board up to date regarding Resolve 106, “Resolve, To
Direct the State Board of Funeral Service To Consider the Need To Amend Its
Rules with Regard To Licensed Funeral Establishments”. With this law, the Board is directed to
review issues relating to satellite funeral establishments and branches of
full-service funeral establishments and whether the current rules adequately
address public disclosure requirements regarding fees, public disclosure
methods for pertinent consumer information and the manner in which goods and
services are made available.
The Board discussed different ways
in which to address this requirement. In
a motion by Normand Lambert, seconded by John Dunn, the Board voted unanimously
to send a survey
to all licensed funeral establishments
in an attempt to gather information on the goods and services offered in each establishment. Penny Vaillancourt will
develop the survey for the Board’s approval.
Board of Funeral Service
Minutes
July 12, 2005
Page 2
CORRESPONDENCE
Bragdon Kelley Campbell Funeral
Homes – The June 30, 2005 letter received from Lee Lamson, Jr. is requesting clarification
on the Board’s regulation regarding advertising.
In a motion by John Dunn,
seconded by Ernest Marriner, the Board voted unanimously to write to Mr. Lamson
and inform him that while the Board cannot give legal advice to the specific
questions he raised, it can provide him guidance on the issues and refer him to
the statutory
definition of “Advertisement” as found in 32 M.R.S.A. §1400 §§1.
Leonard Perkins – In his
letter, Mr. Perkins states that he completed his apprenticeship program and
graduated from the Stratford Career Institute in
In a motion by Normand Lambert,
seconded by John Dunn, Mr. Perkins will be notified that the Board cannot make
a formal decision on his qualifications for licensure without an application
for funeral practitioner. However, the
Board will provide guidance on the educational qualifications for licensure in
accordance with Chapter 3 of the Board’s rules.
Mr. Perkins will also be informed that the Board does not have
jurisdiction or authority over the policies and procedures of the release of
scores of The Conference.
FAPCO Administrative Services – The
Board discussed the letter received from Constance Hagan, Vice President of
FAPCO Administrative Services in which she requested clarification on when it
is required to send a letter to a consumer regarding an ownership change of a
funeral establishment.
The Board will refer Ms. Hagan
to 32 M.R.S.A. §1407 §§1 regarding
ownership information which states that, “A funeral establishment shall
disclose the name and address of each person holding an ownership interest in
the funeral establishment on each contract or agreement for provision of
funeral services or supplies and on any document required by law”.
DISCUSSION
REGARDING THEODORE AMPE’S DECISION AND ORDER
At his licensure denial hearing
held on June 14, 2005, Mr. Ampe represented himself to the Board as a nurse and
working as a nurse for more than twenty years both in the medical and surgical
units. In contacting the Board of
Nursing, it was confirmed that Mr. Ampe does not hold a license as a nurse. In contacting the Department of Health and
Human Services, it was confirmed that Mr. Ampe has a Certified Nursing
Assistant credential.
The Board discussed whether a
complaint should be filed against Mr. Ampe for misrepresenting himself before
the Board as a nurse. Jennifer Minkowitz
made a motion to file such a complaint. Since
the Board did not a second to this motion, the motion failed.
Board of Funeral Service
Minutes
July 12, 2005
Page 3
REVIEW
AND APPROVAL OF H. LEE LAMSON’S DECISION AND ORDER
In a motion by Normand Lambert,
seconded by Jennifer Minkowitz, the Board voted unanimously to approve the H.
Lee Lamson Decision and Order as amended.
DISCUSSION
OF PROPOSED RULEMAKING
This discussion was tabled
until the August meeting.
APPROVAL
OF JUNE 14, 2005 CONTINUING EDUCATION PROGRAMS
In a motion by Normand Lambert,
seconded by John Dunn, the Board voted unanimously to approve the list of
continuing education programs as review by the Continuing Education Committee
on June 14, 2005.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
No report.
Respectfully submitted,
Diane J. Bradstreet
Board Clerk