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STATE OF
STATE BOARD OF FUNERAL SERVICE
Minutes of December 13, 2005 Board Meeting
Others
Present: Penny Vaillancourt,
Administrator; Jack Richards, Assistant Attorney General and Diane Bradstreet,
Board Clerk
Members Absent: Ernest Marriner and Hervey Clay,
Complaint Officer
CALL TO
ORDER
Robert Barnes, Chair, called
the meeting to order at 9:00 a.m.
In
a motion by Robert Barnes, seconded by Normand Lambert, the minutes from the November
8, 2005 meeting were unanimously approved as amended.
COMPLAINT PRESENTATIONS
FUN-274
– At the November meeting, the board voted to offer this licensee a consent
agreement with a formal warning for violation of 32 M.R.S.A. § 1455-A (K), (M),
and 22 M.R.S.A. § 2843-A (“unprofessional conduct by engaging in negligence or
misconduct in carrying on the business or profession of funeral service”). The licensee has chosen not to sign the
agreement; therefore, as a means of resolving this matter, in a motion by John
Dunn, seconded by Jennifer Minkowitz, the board voted unanimously to set this
matter for an adjudicatory hearing.
FUN-235 – At the April 12, 2005,
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”), however, this agreement remains unsigned. In a motion by John Dunn, seconded
by Bethel Shields, the board voted unanimously to set this matter for an adjudicatory
hearing.
APPROVAL OF APPLICATIONS
Igor
Fridman – Mr. Fridman is seeking licensure as a funeral
practitioner with a request for the board to waive the educational/examination
requirements based upon his religious faith.
In
the past, the board has granted waivers to the responsible practitioners of the
Jewish home in
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of Funeral Service Minutes
December
13, 2005
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Mr.
Fridman, however, is seeking licensure as a sole practitioner, who would not be
employed by the Portland Chevra Kadisha, but rather would be working as an
independent contractor to perform limited services for the Russian Jewish
community in
In
a motion by Robert Barnes, seconded by Normand Lambert, the board voted
unanimously to deny this application for failure to meet the board’s
educational and examination requirements.
CORRESPONDENCE
Reviewed was the letter from
Lee Lamson, Jr. of Bragdon – Kelley – Campbell Funeral Homes requesting
clarification of the board’s regulations regarding advertising. Specifically, can an inactive practitioner be
listed on their letterhead.
A motion was made by Normand
Lambert, seconded by John Dunn, to inform Mr. Lamson that an inactive
practitioner’s name may be included on letterhead with the notation that this
individual is on retired status. Mr.
Lambert and Mr. Dunn then withdrew their motion.
A letter will be sent to Mr.
Lamson informing him that the board is limited to providing guidance only, not
legal or practice advice. However, the
board offers up 32 MRSA §1455-A(B) as guidance regarding advertising, and the
board further offers 32 MRSA 1507 regarding inactive status to ensure that the
public is clear as to the licensure status of funeral employees.
ADMINISTRATOR’S
REPORT – PENNY VAILLANCOURT
Penny Vaillancourt is in the
process of scheduling dates for the rules committee to meet.
CHAIR’S
REPORT – ROBERT BARNES
Mr. Barnes reported that in his
role as District 1 Governor for the Conference, he will be visiting the various
states within that district to discuss issues associated with the purpose and
mission of the ICFSEB, as well as provide updates to current issues in his role
as District I Governor. Mr. Barnes’
first trip will be to
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of Funeral Service Minutes
December
13, 2005
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Respectfully submitted,
Diane J. Bradstreet
Board Clerk