Board of Funeral Services

Minutes – March 29, 2006

Page 4

Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500
861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION

PUBLIC MEETING MINUTES: BOARD OF FUNERAL SERVICES

MEETING DATE AND TIME: Wednesday, March 29, 2006 at 10:00 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room B, second floor of the Cannon Building

MINUTES APPROVED: May 31, 2006

MEMBERS PRESENT

Robert C. Hutchinson, Jr., Professional Member, Secretary, Presiding

Lyle Dabson, Public Member

Austin L. Grice, Jr., Public Member

Bennie Smith, Professional Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Abby Adams, Deputy Attorney General

Dana Spruill, Administrative Specialist II

James Collins, Deputy Director, Division of Professional Regulation

MEMBERS ABSENT

William J. Doherty II, Professional Member, President

Rose Pritchett, Public Member

Thomas R. Trader, Professional Member

ALSO PRESENT

Tom Melvin

CALL TO ORDER

Mr. Hutchison called the meeting to order at 10:18 a.m. Mr. Hutchison introduced the Board’s new Deputy Attorney General, Abby Adams.

REVIEW OF MINUTES

The board reviewed the minutes of the January 25, 2006 meeting. Mr. Dabson made a motion, seconded by Mr. Smith, to approve the minutes as presented. The motion was unanimously carried.

CONTINUING EDUCATION COMMITTEE REPORT

Mr. Dabson gave the Continuing Education Committee report. Mr. Smith made a motion,

seconded by Mr. Grice, to accept the report of the Continuing Education Committee and to

approve the following continuing education activities:

National Funeral Directors Association

Embalming, Reconstructive Surgery and Airbrushing Techniques – 10 hrs

Embalming, Reconstructive Surgery and Airbrushing Techniques – 6 hrs

Advanced Directive and Success Planning: Protecting Your Future – 6 hrs

The York Group

A Focus on Your Future – 14 hrs

A Fresh Look at the Future – 8 hrs

Selected Independent Funeral Homes

2006 Group Meeting Series – APFSP Approved - 8.75 hrs

International Cemetery and Funeral Association

Advanced Seminar in Quality Funeral Care – APFSP Approved – 14 hrs

2006 Annual Convention and Exposition – March 13-16, 2006 – 19 hrs max/40

hrs total

National Funeral Directors and Morticians Association – District II

NFDMA – District II Seminar – 8 hrs

Continental Computer

The Director’s Assistant Regional Training – 8 hrs

Delmarva Funeral Service Association

Embalming Seminar by Dennis Daulton of the Dodge Company – 6 hrs

Cremation: Don’t Cut Yourself Short – 2 hrs

Mortuary of the Dover Air Force Base Tour – 3 hrs

The motion was unanimously carried.

UNFINISHED BUSINESS

Discussion on Status Of Proposed Legislation

Mr. Hutchison advised that he met with the association and the individuals concerned regarding the proposed legislation. Mr. Hutchison advised that schools nationwide are seeking the dual licensure. This topic is to be discussed at the upcoming national conference. The association members thought that everyone applying through reciprocity should be required to have an associate degree. Mr. Hutchison explained the reasoning for not having that requirement. Someone that has been practicing and licensed for thirty years may not have been required to have an associate degree at the time of their licensure. The association will be speaking with the legislator they were previously in contact with and advise the legislator that their concerns have been resolved.

The Board was advised that SB233 has passed the House and is being sent to the Governor for signing. This bill makes it a disciplinary sanction for funeral directors to solicit customers or potential customers to grant a power of attorney to the funeral director, or a business associate, employee or family member of the funeral director. The funeral director may also be subject to disciplinary action if the funeral director solicits the customer or potential customer to be made an heir, or to have a business associate, employee, or family member made an heir of the customer or potential customer.

Complaint to Close

Mr. Smith reported to the Board regarding Complaint No. 21-01-06. He noted that both the investigator and the Division of Professional Regulation recommended that it be closed. Mr. Smith concurred with their decision. No objections were made by the Board.

Re-assignment & Closure of Complaints

Complaints No. 27-01-04, 27-06-04, 27-13-02, and 27-14-02, previously assigned to Ms. Kelly Pepper, were re-assigned to Mr. Hutchison as a result of Ms. Pepper’s term of service on the Board ending. Mr. Hutchison reported to the Board regarding these complaints. He noted that both the investigator and the Division of Professional Regulation recommended that they be closed. Mr. Hutchison concurred with their decision. No objections were made by the Board.

NEW BUSINESS

Review of Applications for Funeral Director

The Board reviewed the applications for licensure. Mr. Dabson made a motion, seconded by Mr. Smith, to approve the following applications for licensure as a funeral director:

Robert Andreone, Jr. – Contingent Upon Successful Completion of DE Laws, Rules and

Regulations Exam

Daniel Lodovici – Contingent Upon Successful Completion of DE Laws, Rules and

Regulations Exam

George Hampton, Jr. - Contingent Upon Successful Completion of DE Laws, Rules and

Regulations Exam

Frank C. Mayer III

Michele Miller - Contingent Upon Successful Completion of DE Laws, Rules and

Regulations Exam

The motion was unanimously carried.

Discussion on On-Line Renewal Process and Continuing Education Audit

Mr. Collins addressed the Board regarding the on-line renewal process and its enhancement to the renewal process. He explained to the Board the past renewal process regarding continuing education and explained that the Division is asking the Boards to move towards an attestation process. He also explained the post-audit process in which after a person has completed the renewal process they may be sent a letter stating that they indicated in the renewal process that they had completed the continuing education requirement and are now being audited and required to provide the supporting documentation. Mr. Melvin reported that he has renewed his Virginia license on-line using the attestation process and that the process worked really well. Mr. Collins discussed with DAG Adams and the Board whether or not it would be necessary for any changes to its Rules and Regulations or statute in order to renew online or to use the attestation process. DAG Adams will research further whether or not a change to the Rules and Regulations will be necessary for attestation and will report back to the Board.

Other Business Before the Board (for discussion only)

Mr. Dabson advised that this may be his last meeting with the Board because his appointment as a member expires in April. He also advised that as a result of the recent appointment of a Dover funeral director the Board now has four Dover members. The Board discussed that it will request the Governor’s office attempt to the fill Mr. Dabson’s position with a non-Dover person and if possible an individual from Sussex County. The Board discussed the impact of Mr. Dabson leaving the Continuing Education Committee. The public person replacing Mr. Dabson will also need to be interested on serving on the Continuing Education Committee.

Public Comment

There was no public comment at this meeting.

Next Scheduled Meeting

The next meeting will be held on Wednesday, May 31, 2006 at 10:00 a.m. in Conference Room B, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

Adjournment

There being no further business, Mr. Dabson made a motion, seconded by Mr. Grice, to adjourn the meeting at 10:51 a.m. The motion was unanimously carried.

Respectfully submitted,

Dana M. Spruill

Administrative Specialist II