New Mexico Board of Thanatopractice

April 27, 2011

REGULAR BOARD MEETING

Regulation and Licensing, Toney Anaya Building

2550 Cerrillos Road, Rio Grande Room

Santa Fe, New Mexico

April 27, 2011

10:00 a.m.

“MINUTES”

MEMBERS PRESENT: Sam Baca, Professional Member, Chairman

Tommy Crow, Vice Chairman, Professional Member

Ross Reichard, M.D., Health Care Practitioner, Public Member

Annette Meier, Public Member

Rev. Clyde Stanfield, Public Member

BOARD STAFF: Martha L. Gallegos, Board Administrator

Stephen Vigil, Assistant Attorney General

Cynthia Graystone, Compliance Officer

1.  CALL TO ORDER AND ROLL CALL

Chair Baca called the meeting to order at 10.00 a.m. Roll call was taken and it was determined that a quorum was present.

2.  APPROVAL OF AGENDA

Mr. Crow MOTIONED to approve the agenda. Reverend Stanfield SECONDED the motion. The motion was PASSED by unanimous decision.

3.  APPROVAL OF BOARD MEETING MINUTES

October 6, 2010 – Mr. Crow MOTIONED to approve the minutes of the October 6, 2010 board meeting. Reverend Stanfield SECONDED the motion. The motion PASSED by unanimous decision.

4. OLD BUSINESS

Legislation – Ms. Gallegos discussed the results from the 2011 legislation. The Sunset for Thanatopractice was passed. Bill 444 proposing all the legislative changes for the board was pocket vetoed. The Board is hoping it will be brought up again in the upcoming special session around August.

5. NEW BUSINESS

A. Ratification of Licenses (See Attachment A) – Mr. Crow MOTIONED to ratify the new licenses as presented. Reverend Stanfield SECONDED the motion. Motion PASSED by unanimous decision.

B. Open Meetings Resolution Act – Mr. Crow MOTIONED to adopt the 2011 Open Meetings Resolution Act. Dr. Reichard SECONDED the motion. Motion PASSED by unanimous decision.

C. GAO Study on Funeral Homes/Death Care Industry – Assistant AG Stephen Vigil educated the

board on the GAO study, which is the Government Accountability Office. They are the

investigative arm of the U.S. Congress. They are currently undertaking a study on funeral homes

and the death care industry. Chair Baca informed the Board that he responded and agreed to

participate in the study.

D. Board Member Terms Due – Ms. Gallegos informed the Board that there are two openings for board members; one professional member and one public member. She stated that whoever is interested would need to submit a letter of intent and resume to the Governor’s office.

E. Election of New Officers - Mr. Crow MOTIONED that Sam Baca remain as Chair for the Board. Reverend Stanfield SECONDED the motion. Motion PASSED by unanimous decision. Dr. Reichard MOTIONED that Tommy Crow serve as Vice Chair for the Board. Reverend Stanfield SECONDED. Motion PASSED by unanimous decision.

F. Committee Appointments – Chair Baca requested the committee appointments wait until there is a full board in place.

G. Inspections – Ms. Gallegos reported to the Board that the majority of the inspections had been done for the fiscal year. There are approximately 14 establishments left.

6.  PUBLIC COMMENT – Rebecca Martinez expressed concerns to the board with reference to a complaint she filed against a funeral home that will be discussed in executive session.

7.  EXECUTIVE SESSION

Reverend Stanfield MOTIONED that the meeting of the New Mexico Board of Thanatopractice be closed while the Board enters into Executive Session to discuss licensing matters, specifically the items listed on the agenda, with the authority for closure being §10-15- 1 H. Mr. Crow SECONDED the motion. The motion PASSED by unanimous decision. A roll call vote was taken:

Sam Baca, Professional Member, Chairman – Yes;

Tommy Crow, Vice Chair, Professional Member - Yes

Ross Reichard, M.D., Health Care Practitioner, Public Member - Yes

Annette Meier, Public Member – Yes

Reverend Clyde Stanfield, Public Member - Yes

At 10:32 a.m. the Board entered into closed session and the recorder was turned off.

Back In Open Session

The New Mexico Board of Thanatopractice entered back into open session at 12:10 p.m. Pursuant to §10-15-1 H of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed on the agenda.

8.  BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

(Items Listed on Agenda)

A. 09-01-001 - Mr. Crow MOTIONED to dismiss and close the case due to statute of limitations. Ms. Meier SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

B. 10-10-01 - For the record Mr. Crow took no part in the discussion or action of this case. Dr. Reichard MOTIONED to table the case, more information is needed. Ms. Meier SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED.

C. 10-10-02 - Mr. Crow MOTIONED to dismiss and closed the case, for no violations of the statute or rules. Dr. Reichard SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

D. 10-11-01 - Mr. Crow MOTIONED to dismiss and close the case. Ms. Meier SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

E. 10-11-02 - Mr. Crow MOTIONED to table the case, more information needed. Dr. Reichard SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

F. 11-01-01 - Mr. Crow MOTIONED to table the case. Dr. Reichard SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

G. 11-02-01 - Mr. Crow MOTIONED to table the case for more information. Dr. Reichard SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

H. 11-03-01 - Mr. Crow MOTIONED to table the case to await the disposition of pending court cases. Ms. Meier SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

I. Kevin LaQuey Application – Ms. Meier MOTIONED to table pending the outcome of Item F. Dr. Reichard SECONDED the motion. Reverend Stanfield and Mr. Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

9.  SCHEDULE NEXT MEETING – The board did not set a date. They will wait to see what happens with the legislative session.

10.  ADJOURN

Mr. Crow MOTIONED to adjourn the meeting at 12:20 p.m. Reverend Stanfield SECONDED the motion. The motion PASSED by unanimous decision.

BOARD APPROVED AT MEETING OF OCTOBER 5, 2011

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

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