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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of November 8, 2005 Board Meeting
Others
Present: Penny
Vaillancourt, Administrator; Jack Richards, Assistant Attorney General and Diane
Bradstreet, Board Clerk
Members Absent:
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 9:00 a.m.
In
a motion by Paul Fredette, seconded by Jennifer Minkowitz, the minutes from the
October 11, 2005 meeting were unanimously approved as written.
COMPLAINT PRESENTATIONS
FUN-259 – The board at its April 2005 meeting
voted to offer the licensee in this matter 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 were an
admission to the violations, a warning and a fine of $250.00 per violation for
a total of $500.00. However, in
consideration of the recently signed consent agreement with ECI Services of
Maine, Inc regarding similar issues, the complaint committee recommends
amending the ECI consent agreement to include this complaint.
In a motion by John Dunn, seconded by Jennifer Minkowitz, the board voted to accept the modification of
the ECI consent agreement and incorporate this complaint in that agreement. All in favor with Hervey Clay, Paul Fredette
and Robert Barnes recused.
FUN-274
– John Dunn made a motion to dismiss this complaint with a letter of guidance. This motion failed for lack of a second.
In
a motion by Ernest Marriner, seconded by Jennifer Minkowitz, the board voted to
offer a Consent Agreement with a formal warning for failing to adequately
determine whether the person this licensee released custody and control of the
deceased’s remains was, in fact, the domestic partner of the deceased. Motion passed with three in favor, two
opposed and two recused.
Board
of Funeral Service Minutes
November
8, 2005
Page
Two
FUN-258
– In a motion by Ernest Marriner, seconded by Paul Fredette, the board voted to
offer a consent agreement to the licensee for
unprofessional conduct by negligently carrying out the duties and
responsibilities in the profession of funeral services. Specifically, the licensee failed to comply
with 22 M.R.S.A. § 2843-A (1) (D) in determining the appropriate “next of kin,”
resulting in his failure to obtain the required signature authorizing the
cremation of the decedent’s remains. The
consent agreement will also include a fine of $250.00. All in favor with Hervey Clay
and Jennifer Minkowitz recused.
FUN-262 – In a motion by Paul
Fredette, seconded by John Dunn, the board voted to dismiss this complaint with
a letter of guidance. The Board wishes to communicate to the
licensee that as a practitioner of funeral services it is important that he remain
current with the statutes and rules that regulates his profession, in
particular, use of the appropriate Mortuary Trust Agreement to meet the needs
of clients. All in favor with Hervey Clay
recused.
FUN-278
– In a motion by Paul Fredette, seconded by John Dunn, the board voted to
dismiss this complaint as there is no violation of board statute or rule. All in favor with Hervey Clay recused.
FUN-235 - On April 12, 2005,
this licensee was offered 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 were an admission to the violations, a warning and a fine of
$250.00. However, this licensee has
failed to return the signed consent agreement to the board; therefore, in a motion
by Ernest Marriner, seconded by John Dunn, the board voted to schedule an
adjudicatory hearing in this matter. All
in favor with Hervey Clay recused.
STATUS OF PENDING COMPLAINTS
Jack
Richards, Assistant Attorney General, informed the board that there are seven
(7) pending complaints.
APPROVAL OF APPLICATION FOR
RECIPROCITY – MICHAEL CHAPMAN
In
a motion by Hervey Clay, seconded by John Dunn, the board voted unanimously to approve
Mr. Chapman’s application for reciprocal licensure and waive the requirement in
Chapter 6, Section 1 (B) which states that an applicant for reciprocal
licensure must submit a letter of recommendation from a member of the funeral
service licensing board of the applicant’s home jurisdiction.
REVIEW AND ACTION ON CEU AUDIT
FOR 2004 - 2005
In
a motion by Jennifer Minkowitz, seconded by Hervey Clay, the board voted
unanimously to approve the attached list of 2004 – 2005 CEU audits.
Board
of Funeral Service Minutes
November
8, 2005
Page
Three
DISCUSSION
OF PROPOSED RULEMAKING
The board agreed to assemble a
rules committee, with members comprised of Jennifer Minkowicz,
John Dunn, Penny Vaillancourt, and Jeff Frankel. The rules committee will meet and present its
recommendations to the full board at the conclusion of its work.
APPROVAL
OF OCTOBER CONTINUING EDUCATION PROGRAMS
In a motion by Paul Fredette, seconded
by John Dunn, the Board voted unanimously to approve the list of continuing
education programs as reviewed by the Continuing Education Committee at it October
11, 2005 meeting.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Penny Vaillancourt provided the
following report:
·
a financial update and an update on the number of
active licensees;
·
the legislature will be returning in January for a
short session;
·
approximately 65 responses have been received to
the board’s survey and this information will be summarized and presented to the
board at a later date; and
·
the
department has received permission to fill the funeral inspector’s position,
however, the requirement that he/she must be a licensed practitioner has been
eliminated from this position.
CHAIR’S
REPORT – ROBERT BARNES
Chairman Barnes reported on his
attendance at the October meeting of The International Conference of Funeral
Service Examining Board, Inc. as District 1 Governor representing
Respectfully submitted,
Diane J. Bradstreet
Board Clerk