NOVEMBER minutes - Arizona Board of Funeral Directors ...



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Arizona State Board of Funeral Directors and Embalmers

1740 West Adams Street, Suite 3006 * Phoenix, Arizona 85007



Douglas A. Ducey – Governor

Kristina Dyrr, Chairman - James Ahearne, Secretary - Samuel Bueler, Professional Member

Harold Adair, Professional Member – Jack Peterson, Public Member

MINUTES

REGULAR SESSION

Board Meeting Held On:

Tuesday, February 20, 2018 • 9:00 a.m. • 1st Floor Conference Room “C”

1740 West Adams Street • Phoenix, AZ 85007

CALL TO ORDER: President Kristina Dyrr called the Board Meeting to order at 9:05 a.m. The following Members were present for the Board Meeting on February 20, 2018

MEMBERS PRESENT: Kristina Dyrr, President

James Ahearne, Secretary

Jack Peterson, Public Member

Harold Adair, Professional Member

MEMBER ABSENT: Samuel Bueler, Professional Member

STAFF PRESENT: Judith Stapley, Executive Director

Gary Hendrix, Licensing Administrator

Patricia Keith, Programs & Project Specialist

ATTORNEY GENERAL’S OFFICE: Thomas Raine, Assistant Attorney General

CALL TO THE PUBLIC:

No members of the public came forward to speak during the call to the public.

MINUTES:

Board Member James Ahearne moved to approve the minutes of the January 16, 2018 Board Meeting. This motion was seconded by Board Member Harold Adair. Motion passed unanimously (4-0).

2. LICENSING:

By motion and second, and motion carrying, the following actions occurred relative to applications for licensure subject to the conditions noted:

|NAME |TYPE OF LICENSE |ACTION |MOTION BY |SECOND BY |

|Michael A. Vasquez |Funeral Director |Approved 4-0 |Peterson |Adair |

|Nathan C. Richardson |Funeral Director |Approved 4-0 |Ahearne |Adair |

|Joshua T. Forrester |Funeral Director, Embalmer |Approved 4-0 |Adair |Ahearne |

|Donald L. Jones |Funeral Director, Embalmer |Approved 4-0 |Ahearne |Adair |

|Heather L. Sparks |Embalmer |Approved 4-0 |Ahearne |Adair |

|Jennifer S. Baker |Embalmer |Approved 4-0 |Ahearne |Peterson |

|Paul Roger David |Reinstate Funeral Director, |Approved 4-0 |Adair |Peterson |

| |Embalmer | | | |

|Gary A. Carolan |Reinstate Funeral Director, |Approved 4-0 |Ahearne |Adair |

| |Embalmer | | | |

|David J. Benke |Reinstate Funeral Director, |Approved 4-0 |Adair |Ahearne |

| |Embalmer | | | |

|Frank A. Kirkland Jr. |Multiple Funeral |Approved 4-0 |Peterson |Adair |

| |Director | | | |

|Mohave Memorial Lake Havasu |Establishment |Approved 4-0 |Ahearne |Adair |

|Mortuary and Crematory | | | | |

|Mohave Memorial Crematory LHC |Crematory |Approved 4-0 |Ahearne |Adair |

|Monica G. Reyes |Salesperson |Approved 4-0 |Adair |Peterson |

|Angelica R. Taylor |Salesperson |Approved 4-0 |Ahearne |Adair |

|Aryon L. Sanchez |Salesperson |Approved 4-0 |Ahearne |Adair |

|Sherry Breedlove |Salesperson |Approved 4-0 |Adair |Ahearne |

|D’Jay A. Lefler |Intern |Approved 4-0 |Peterson |Adair |

|Wayne C. Mitchell |Cremationist |Approved 4-0 |Ahearne |Adair |

1. REVIEW, CONSIDERATION AND POSSIBLE ACTION REGARDING:

A. Michele Castaneda-Martinez from the Maricopa County Office of Vital Registration presented to the Board the most recent version of the External Amendment and Correction Requirements and Process Guide dated 2/2/18 and shared the Funeral Home Amendments guidance as well as the newly created template tool made available for funeral home establishments to convert to their own letterhead for their utilization and submission. 

a. When a funeral director is submitting  an amendment through the “D.A.V.E.” system, the following is required: 

i. A completed and notarized affidavit signed by the funeral director,

ii. An evidentiary document that demonstrates the validity of the submitted amendment,

iii. A completed acknowledgement & authorization letter signed by the informant confirming agreement with the amendment (electronic template available),

iv. The fee for the amendment,

v. Application request for the amended certified copy (valid, government-issued ID is required unless the County Vital Records office where the request is submitted has a copy of the FD’s ID on

file)

2. REVIEW, CONSIDERATION AND POSSIBLE ACTION REGARDING:

The Board may vote to go into Executive Session pursuant to A.R.S. § 32-431.03(A)(2)(to discuss confidential information) or A.R.S. § 38-431.03(A)(3)(to receive legal advice).

A. Docket 2018-04 - David and Leslie Kazmar

David and Leslie Kazmar were not present to speak. Susan Plourde, an investigator with the Mohave County Medical Examiner’s Office was present telephonically. Board member James Ahearne moved to consolidate this docket with three additional dockets 2017-05, 2017-07 and 2017-08 which was heard at the December Board meeting. This motion was seconded by Jack Peterson and carried 4-0. Board member Ahearne also moved to authorize Assistant Attorney General, Thomas Raine to work with the Executive Director and formulate a Consent Decree that would be offered to both David and Leslie Kazmar in lieu of a Formal Hearing. This motion was seconded by Board member, Jack Peterson and carried 4-0.

B. Docket 2017-11 - Hatfield Funeral Home

Ryan Jensen and Stephen Roy were present to represent Hatfield Funeral Home. The compliant was not present. Board member, James Ahearne moved to dismiss this complaint. The motion was seconded by Jack Peterson and carried 4-0.

C. Docket 2017-12 – Cremation Center of Arizona

Brian McBride and Heather Lundberg were present to represent Cremation Center of Arizona. The complaint was not present. Board member, James Ahearne moved to dismiss this complaint. The motion was seconded by Jack Peterson and carried 4-0.

D. Docket 2017-13 – Mariposa Gardens

Nadeen Crandall and John Schumacher were present on behalf of Mariposa Gardens. The complaint was not present. Board member, James Ahearne moved to dismiss this complaint. The motion was seconded by Board member, Harold Adair and carried 4-0.

E. Docket 2018-01 – ACCU-Care

Jennifer Samora-Davis was present to represent ACCU-Care. Compliant, Michael Lunkin and Mrs. Lunkin were both present. Additionly, spouse of the decedent, Michael Berger was present. Board member, James Ahearne moved to dismiss this complaint. The motion was seconded by Board member, Harold Adair and carried 4-0.

F. Docket 2018-02 – Avenidas Cremation and Burial/Tucson

Anthony Cerullo and Kyle Deneen were present on behalf of the Funeral Establishment. Krystal Colburn and Bianca Soto were present to represent the Arizona State Department of Health Services. Board member, James Ahearne moved to dismiss this complaint. The motion was seconded by Jack Peterson and carried 4-0.

3. REVIEW, CONSIDERATION AND POSSIBLE ACTION REGARDING:

A. Docket 16F-201506-FNR (LC2017-000061-001 DT) Saguaro Valley Cremation Services, LLC, Jessie Welsh-Alexis, Franklin Lambert and Phillip Scott Warner. Legal update provided by Assistant Attorney General, Thomas Raine. Mr. Raine advised that the matter has been appealed to the Arizona Court of Appeals, opening briefs have been scheduled.

B. Docket 16F-201609-FNR, Angel’s Cremation and Burial, LLC – Legal Update provided by Assistant Attorney General, Thomas Raine. Mr. Raine advised that the matter has been appealed to Maricopa County Superior Court. The opening briefs have taken place.

C. Saguaro Valley Crematory/Angels Cremation and Burial Notice of Claim – Legal Update provided by Assistant Attorney General, Thomas Raine. Mr. Raine advised that opening briefs have been filed with superior court.

4. REVIEW, CONSIDERATION AND POSSIBLE ACTION REGARDING:

The Board may vote to go into Executive Session pursuant to A.R.S. § 32-431.03(A)(2)(to discuss confidential information) or A.R.S. § 38-431.03(A)(3)(to receive legal advice).

A. Discussion on Intern Trainee, definition, associated fees and ability for reapplication

A Discussion on what the Board may charge as well as who may apply for an Intern Trainee license took place. Although statute states that the Board may charge a fee for an Intern Trainee, no fee was ever established in Rule therefore the Board may only charge the required fee associated with the fingerprint/background check. Additionally, A.R.S. § 32-1324 states that it is incumbent on the funeral establishment, rather than the individual applicant to submit to the Board all necessary information. Board members authorized the Executive Director to develop a form to be completed by Funeral Establishments who desire to employ an Intern Trainee.

5. REVIEW, CONSIDERATION AND POSSIBLE ACTION REGARDING:

The Board may vote to go into Executive Session pursuant to A.R.S. § 32-431.03(A)(2)(to discuss confidential information) or A.R.S. § 38-431.03(A)(3)(to receive legal advice).

A. Continuing Education, (“CE”) Advisory Committee meeting report by Board member liaison, Jack Peterson. Review of new CE material for approval.

See (B)

B. Consideration for the Board to recommend rule change for CE hours requiring three of the eventual six hours to be completed in person.

Board member, Jack Peterson moved to collectively accept all CE material approved by the CE committee and to add to the suggested rule change of requiring three of the proposed six hours of CE to be live or interactive, including webinars. This motion was seconded by James Ahearne and carried 4-0

6. EXECUTIVE DIRECTOR’S REPORT:

A. Update on legislation/HB 2408

House Bill 2408 was assigned to three separate committees, Rules, Appropriations and Military/Veteran/Regulatory/Affairs. The Bill was not heard in any of the assigned committees.

B. Update on E-Licensing progression

a. Gary and I have been attending multiple meetings each week in an effort to migrate information from our current database into the new Deloitte/Salesforce platform. Our anticipated timeframe to, go live in the new system will be the first half of March (possibly March 9th).

b. We will be notifying the licensees through letters which will contain a “token” specific to each individual. This “token” is a unique identifier that will allow the individual or business to go into our online system and create their individual profile page which must include a current email.

c. It is critical that the licensed community do this prior to May 1st because they system sends email reminders at 90, 60 and 30 days prior to the license lapsing.

d. Any licensee in the processes of becoming licensed will have their information migrated from the old system to the new.

e. All payments will be done through the online payment portal whether it is E-check or using a debit/credit card.

f. All documents will need to be scanned and uploaded to the individual’s application.

7. FUTURE AGENDA ITEMS

8. ADJOURNMENT

Board Member James Ahearne motioned to adjourn at 11:30 a.m. Motion seconded by Board Member Hank Adair. Board was unanimous. (4-0)

2018 BOARD MEETING SCHEDULE

Subject to appropriate notice the Board reserves the right to change meeting dates.

*Denotes scheduled dates for Continuing Education Advisory Committee Meetings in addition to Board Meetings.

*January 16, 2018 February 20, 2018 *March 20, 2018 April 17, 2018

*May 15, 2018 June 19, 2018 *July – CE Only August 21, 2018

*September 18, 2018 October 16, 2018 *November 20, 2018 December 18, 2018

.

_____________________________________

Judith Stapley

Executive Director

APPROVED BY:

____________________________________ ___________________________________

Kristina Dyrr, President Jack Peterson, Public Member

____________________________________ ___________________________________

James Ahearne, Secretary Harold Adair, Professional Member

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