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Maine State seal

state of maine

Department of Professional

and Financial Regulation

MAINE BOARD OF FUNERAL SERVICE

35 state house station

augusta, maine

04333-0035

 

 

JOHN ELIAS BALDACCI

 

ANNE L. HEAD

GOVERNOR

 

DIRECTOR

Board of Funeral Service - Publications

Minutes of March 14, 2006 Public Board Meeting

 

Members Present:

  • Robert Barnes, Chair
  • Hervey Clay, Complaint Officer
  • Jennifer Minkowitz, Vice Chair
  • John Dunn
  • Ernest Marriner
  • Paul Fredette
  • Bethel Shields

Others Present:

  • Penny Vaillancourt, Board Administrator
  • Judith Peters, AAG
  • Diane Bradstreet, Board Clerk

Members Absent:

  • Normand Lambert

  1. CALL TO ORDER
    Robert Barnes, Chair, called the meeting to order at 9:00 a.m.

  2. OLD BUSINESS

    1. APPROVAL OF MINUTES

      In a motion by Paul Fredette, seconded by Bethel Shields, the minutes from the March 14, 2006 meeting were unanimously approved as written.

  3. NEW BUSINESS

    1. COMPLAINT PRESENTATIONS

      FUN-263 – In a motion by Bethel Shields, seconded by John Dunn, the board voted to dismiss this complaint as there is not evidence of a violation that rises to the level of discipline.All in favor with Hervey Clay, Robert Barnes and Paul Fredette recused.

      FUN-280 - In a motion by Bethel Shields, seconded by Ernest Marriner, the board voted to accept the complaint committee’s recommendations and immediately suspend this individual’s license for a 30-day period ending on May 10, 2006 at 11:59 p.m pending further board action at an adjudicatory hearing, and offer the licensee a consent agreement which contains admissions to the violations and a voluntary surrender of the license as an alternative to the hearing.All in favor with Hervey Clay recused.

      FUN-281 – This complaint was tabled until the May meeting.

      FUN-282 – The board became aware on February 14, 2006 that the licensee in this matter passed away.Therefore, the complaint committee recommends dismissal of this case with a letter to the consumer indicating that the death of the licensee precludes the board from pursuing disciplinary action.In a motion by Bethel Shields, seconded by John Dunn, the board voted to accept the complaint committee’s recommendation and dismiss this complaint. All in favor with Hervey Clay recused.

      FUN-283 – In a motion by Ernest Marriner, seconded by John Dunn, the board voted to accept the complaint committee’s recommendations and dismiss this complaint with a letter of guidance to be placed in the licensee’s file for a period of five years with a statement from the board that reminds the licensee of its professional and ethical obligations regarding timely transfers of mortuary trust agreements. All in favor with Hervey Clay, Robert Barnes and Paul Fredette recused.

      2005-FUN-2015 – In a motion by John Dunn, seconded by Bethel Shields, the board voted to dismiss this complaint.All in favor with Hervey Clay recused.

      In a motion by Ernest Marriner, seconded by John Dunn, the board voted to send a letter to all funeral practitioners and directors reminding them of the need to comply fully with the board’s rules pertaining to continuing education requirements.

      In a motion by Normand Lambert, seconded by Ernest Marriner, the Board voted unanimously to approve the list of continuing education programs as reviewed by the Continuing Education Committee at the February 14, 2006 meeting.

    2. APPLICATION REVIEW

      David Floryan – In a motion by Ernest Marriner, seconded by Hervey Clay, the board voted to approve Mr. Floryan’s application for licensure as a funeral practitioner by endorsement and to allow this applicant to sit for the next written state examination.

    3. CORRESPONDENCE

      Discussed was the correspondence received from Clough Toppan, Director of the Division of Environmental Health, regarding frequently asked questions involving burial, cremations and transportation of human bodies by authorized persons.Ms. Vaillancourt will respond to Mr. Toppan that the board does not regulate authorized persons, only licensed practitioners and funeral establishments.  However, if his questions are related to licensed practitioners, then the answers will include the board’s requirements and Title 22 permit requirements.

    4. APPROVAL OF MARCH CONTINUING EDUCATION PROGRAMS

      In a motion by Hervey Clay, seconded by Bethel Shields, the Board voted unanimously to approve the list of continuing education programs as reviewed by the Continuing Education Committee at the March 14, 2006 meeting.

  4. OTHER BUSINESS

    1. CHAIR’S REPORT – ROBERT BARNES

      Mr. Barnes gave a report on his recent trip to Louisville, Kentucky where he attended the International Conference of Funeral Service Examination Boards 102nd Annual Convention.

    2. ADMINISTRATOR’S REPORT – PENNY VAILLANCOURT

      Ms. Vaillancourt informed the board that the rules committee will be meeting after the formal board meeting.

      Ms. Vaillancourt also informed the board that she is still researching the basis statements regarding the board’s adoption of the educational requirements in hopes of providing further clarification regarding educational qualifications.

  5. ADJOURN

    There being no further business, in a motion by Bethel Shields, seconded by Jennifer Minkowitz, the meeting was adjourned at 10:30 AM

Respectfully submitted,

 

Diane J. Bradstreet
Board Clerk
  

Last Updated: July 20, 2011

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CONTACT US

  • Board of Funeral Service
  • 35 State House Station
  • Augusta, ME 04333-0035
  • phone: (207) 624-8626
  • fax: (207) 624-8637
  • TTY: (888) 577-6690
  • Program Staff