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Maine.gov > PFR Home > Professional Licensing > List of Professions > Funeral Practitioners > Publications > July 11, 2006 Board Meeting Minutes

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 July 11, 2006 Public Board Meeting

 

Members Present:

  • Robert Barnes, Chair
  • Normand Lambert
  • Ernest Marriner
  • Jennifer Minkowitz, Vice Chair
  • Paul Fredette
  • Bethel Shields

Others Present:

  • Penny Vaillancourt, Board Administrator
  • Jack Richards, AAG
  • James Smith, AAG
  • Jennifer Mooney, Board Clerk
  • Kevin Cookson, OLR Investigator

Members Absent:

  • Hervey Clay, Complaint Officer
  • John Dunn
  1. CALL TO ORDER
    Robert Barnes, Chair, called the meeting to order at 9:15 a.m.

  2. OLD BUSINESS

    1. APPROVAL OF MINUTES

      In a motion by Bethel Shields, seconded by Normand Lambert, the minutes from the April 28, 2006 meeting were unanimously approved as written.

  3. NEW BUSINESS

    1. Review of Certificate of Compliance in FUN-182-203, 246, 273, 259

      After a review and discussion of materials provided, Ernest Marriner made a motion to accept the certificate of compliance pursuant to the consent agreement.The motion was seconded by Bethel Shields.

      Vote: 4 in Favor – 2 Recusals (Robert Barnes and Paul Fredette)

    2. LICENSURE DENIAL HEARING – Licensed Practitioner

      The license denial hearing in the matter of Leonard Perkins commenced at 9: 30 AM and concluded at 12:00 PM

      After review and discussion of the evidence presented, Bethel Shields made a motion to deny the appeal based upon the current examination and education requirements.Normand Lambert seconded the motion.

      Vote: 5 in favor and 1 opposed (Ernest Marriner)

    3. COMPLAINT PRESENTATIONS

      1. 2006-FUN-2354

        A complaint was filed on December 21, 2005, against a licensed practitioner alleging unprofessional conduct as a result of a viewing which was held on December 11, 2005.The complainant indicated that the deceased was viewed by the family on a gurney, in a partially open body bag, and that the practitioner should have at least advised the family that such a viewing would be traumatic.The family member also alleges that the licensee’s responses to the complaint allegations are not reflective of the services that were purchased under the promise of “Caring – Understanding – Peace of Mind.”

        After review and discussion of the materials a motion was made by Normand Lambert to dismiss for lack of a violation and was seconded by Paul Fredette.

        Vote: Unanimous

      2. A motion was made by Jennifer Minkowitz to have the board further investigate the funeral establishment’s statement of goods and services and the motion was seconded by Bethel Shields.

        Vote: Unanimous

      3. 2006-FUN-2542

        A complaint was filed on March 12, 2006, against a licensed practitioner alleging unprofessional conduct as a result of a phone call that was made to a family member regarding a request to transfer a mortuary trust account.The family member alleges that the practitioner insulted the family and breached confidentiality by disclosing information about an account to a family member that was not part of the arrangements.

        After review and discussion of the materials motion was made by Ernest Marriner to dismiss the complaint for lack of evidence and seconded by Bethel Shields.

        Vote: 5 in Favor and 1 Recusal (Normand Lambert)

      4. Motion to initiate a complaint against the licensee responsible for the attendant and the home was made by Ernest Marriner and was seconded by Jennifer Minkowitz.

        Vote: 5 in Favor and 1 Recusal (Normand Lambert)

      5. 2006-FUN-2613

        A complaint was filed on April 21, 2006, against a licensed practitioner alleging unprofessional conduct in failing to release the remains of a body upon request until full payment for services was received.

        After review and discussion of the materials, a motion was made by Bethel Shields to dismiss and was seconded by Ernest Marriner.

        Vote: 5 in Favor and 1 Recusal (Jennifer Minkowicz)

    4. REVIEW AND APPROVAL OF THE LANCASTER DECISION & ORDER

      2006-FUN-280

      Motion to accept the D & O with an amendment for the licensee to pay their penalties by November 14, 2006 was made by Ernest Marriner and seconded by Paul Fredette.

      Vote: 4 in Favor and 2 Abstained (Jennifer Minkowitz and Normand Lambert)

    5. APPROVAL OF APRIL CONTINUING EDUCATION PROGRAMS

      In a motion by Normand Lambert and 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 April 11, 2006 meeting.

      In a motion by Bethel Shields and seconded by Normand Lambert, the Board voted unanimously to approve the following continuing education programs as reviewed by the Continuing Education Committee:

      • Illinois Convention for 15 CEUs
      • Batesville Case Net Company for 2 CEUs
      • Dodge Chemical Company for up to 2 CEU hours
      • Maine Funeral Directors Association for 10.75 CEUs

  4. ADJOURN

    There being no further business, in a motion by Bethel Shields and seconded by Normand Lambert, the Board voted unanimously to adjourn at 1:10 PM

Respectfully submitted,

Jennifer L. Mooney
Board Clerk
  

Last Updated: July 20, 2011

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  • 35 State House Station
  • Augusta, ME 04333-0035
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