Tuesday - July 17, 2001

The regular meeting of the Board of Embalmers and Funeral Directors was held at historic LaFayette Hotel in Marietta, Ohio. President Ronald G. Van Atta called the meeting to order at 1:20 P.M.  Other Board members present were: Virginia S. Cheney, Ross C. DeJohn, John J. Hadley, Pernel Jones, Sr., David B. Tobias, and Kurtis A. Tunnell.  Also present were: Mollie Martin, Assistant Attorney General, Frank J. Savage, Inspector, Charles H. Wisby, Inspector, and Ann Cunningham, Executive Director.

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On a motion by Mr. Hadley, seconded by Mrs. Cheney, the minutes of the June 19-20, 2001, meeting were approved.  Ayes: 7.  Nays: 0.  Motion approved.

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Announcements

David B. Tobias of Dayton was welcomed as the new Board member appointed by Governor Taft for a five-year term.

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The Board was informed the SRS-e (formerly License 2000) is preparing for litigation, and a steering committee was formed to assist in the next phase.

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The members were reminded that the Board was established in 1902, and will be in existence for 100 years in 2002.

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Unfinished Business

The Executive Director reported that the new lawbooks were ready to mail.  Previously, the Board determined that the book would be sent to funeral homes only.  The laws and rules are available on the Internet, along with all laws and rules of Ohio, and the Board's lawbook is printed in letter-size sheets with three-hole punch to allow easy copying and storing in a notebook.  Apprentices will be supplied with a lawbook for study.

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The Board members reviewed additional information on the merit step increase for exempt employees.  On a motion by Mr. Tunnell, seconded by Mr. Jones, the Board voted to refer the matter to the Personnel committee for discussion of proposed adjustments to compensation and to report back to the Board.  Ayes: 7.  Nays: 0.  Motion approved.

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The Board was given a copy of proposed House Bill No. 322 to enact legislation to establish civil immunity in connection with the movement of a funeral procession and to allow the use of orange and white pennants on vehicles in a funeral procession.  The Board will follow the legislation and report its progress.

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The Board reviewed the annual submission by Charles E. Robinson, II indicating restitution as part of a settlement agreement.

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The Board reviewed a letter from W. Thomas James reporting his progress on rebuilding his funeral home after a fire in November 2000.

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The Board discussed meetings and activities for Fiscal year 2002, and decided not to participate in the CLEAR conference this September.  The members are tentatively planning to attend the Conference convention in April 2002.

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The Board reviewed a letter from Mabel C. Jones about her progress in reestablishing her funeral home after a fire.  Mrs. Jones is closing her current location and will lease space at the Simchak Funeral Home.

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New Business

On a motion by Mr. Hadley, seconded by Mr. Jones, the Board approved the following applications for funeral home license.  Ayes: 7.  Nays: 0.  Motion approved.

                                Fox Mortuary Services, Wauseon

                                Jones Funeral Service, Canton

                                McClure-Schafer-Lankford, Marietta

                                Muntz-Pirnstill Funeral Home, Bucyrus

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Person before the Board

Gregory Meyer appeared before the Board and joined the discussion on the firm title of his new funeral home.  The Board explained the legal mandate of Section 4717 of the Revised Code concerning the subject.

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On a motion by Mr. Hadley, seconded by Mr. Jones, the Board approved the following application for funeral home license pending receipt of the occupancy permit and final inspection by the Board.  Ayes: 7.  Nays: 0.  Motion approved.

                                Louis A. Bodnar & Son Funeral Home, Inc., Westlake

                                David C. Martens & Son Funeral Home, Westlake

                                Meyer Funeral Home, Cincinnati

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The Board reviewed the following list of funeral homes that submitted an amendment to change the manager during the month of June 2001.

                Craven & Snyder Funeral Home                                        Matthew A. Creech

                Mt. Gilead

                Anderson Funeral Home                                                    Leslie Ivey

                Cincinnati

 

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There were no funeral homes that submitted an amendment to change the funeral director

actually in charge of and ultimately responsible for the funeral home during the month of June 2001.

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The Board reviewed the following funeral homes that closed because of cessation of business, a new owner, or new location during the month of June 2001.

                Gregory Funeral Home                                                        cessation of business

                Steubenville

 

                Hall Funeral Home, Inc.                                                       cessation of business

                Portsmouth

 

                McClure-Schafer Funeral Home                                        new owner

                Marietta

 

                Murray Funeral Home, Inc.                                                new location

                Fredericksburg

 

                Whitmer Bros. & Thomas Funeral Home, Inc.                cessation of business

                Dayton

 

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There were no individuals as having met the licensure requirements, and pending receipt of the initial fee, that were issued an embalmer and/or funeral director license number.

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The Board reviewed a list of individuals that were issued registration numbers during the month of June 2001.

                Name                              embalmer                       funeral director     date

                Mellissa Walker           D-6916                            C-8695                                    06/07/01

                James Anderson                                                  C-8696                                    06/22/01

                Katherine Pittman                                                C-8697                                    06/22/01

The Board reviewed a list of individuals that certified apprenticeships during the month of June 2001.

                Name                              apprentice                     funeral home

                James Anderson          FD                                   Schoedinger-Norris Funeral Home

                                                                                                Grove City

 

                John Brock                    FD                                   Clarke Funeral Home

                                                                                                Toronto

 

                Andrea Ferree               Emb/FD                          Brown-Dawson Funeral Home

                                                                                                Hamilton

 

                Katherine Pittman        FD                                   Finefrock-Williams Funeral Home

                                                                                                Mansfield

 

                Johnita Prince               FD                                   R. A. Prince Funeral Service

                                                                                                Maple Heights

 

 

 

 

 

                Joseph Sciuva              Emb/FD                          Tabone Funeral Home

                                                                                                Solon

                Jeffrey Tarvin               Emb/FD                          Craver-Riggs Funeral Home

                                                                                                Milford

 

                Anthony Treboni         FD                                   John Quint & Sons Funeral Home

                                                                                                Columbus

 

                Mellissa Walker           Emb/FD                          Gednetz-Ruzek Funeral Home

                                                                                                Sebring

 

                Richard Warner            FD                                   Burr Funeral Home

                                                                                                Chardon

 

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The Board was informed the Board office received and processed the following reports during the month of June 2001.

 

                Embalming case reports                                    105

                Embalming master report                                    17

                Embalmer interviews                                              3

                Funeral Director progress reports                   207

                Funeral Director master reports                         37

                Funeral Director interviews                                  9

 

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The Board reviewed various news articles relative to the profession of funeral service.

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The Board members were given copies of the new travel reimbursements and rules governing travel expenses.

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Correspondence

     1.    A letter from Robert L. Mains informing the Board that he sold the Carrigan & Mains Funeral Home in Englewood, and he submitted the required clearly enumerated account of all preneed contracts.  Secretary to acknowledge receipt.

     2.    A letter from Richard K. Warner, apprentice, concerning part-time employment .  On a motion by Mr. Hadley, seconded by Mr. Tunnell, the board voted to allow Mr. Warner to work part time for no more than twenty hours per week with the Waite Hill Village Police Department during his apprenticeship at the Burr Funeral Home.  Ayes: 7.  Nays: 0.  Motion approved.

     3.    A letter from Cora Walker.  Walker requesting permission to continue operation of the Walker Funeral Home.  On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved Mrs. Walker's request to continue operating the Walker Funeral Home for an additional twelve months until July 23, 2002.  Ayes: 7.  Nays: 0.  Motion approved.

     4.    A letter from Robert C. and Bruce L. Barnes informing the Board of the death of Robert W. Barnes in December 1999.  Secretary to request clarification on the ownership.

     5.    A letter from Chassidy Y. Lockhart, apprentice, concerning part-time employment.  On a motion by Mr. Hadley, seconded by Mr. Tobias, the Board voted to allow Ms. Lockhart to work part time for no more than twenty hours per week during her apprenticeship.  Ayes: 7.  Nays: 0.  Motion approved.

     6.    A letter from Elizabeth Douglas informing the Board that the C.V. Douglas Funeral Home is closed, and she enclosed a copy of the letter mailed to consumers with preneed.  Secretary to thank Mrs. Douglas for her assistance in closing this matter.

     7.    A letter from Amos F. Gregory requesting permission to continue advertising "L-C Williams Funeral Service."  On a motion by Mr. Hadley, seconded Mr. Tunnell, the Board voted to deny Mr. Gregory's request because Section 4717.11 of the Revised Code requires funeral homes to be licensed in the name of the funeral director who is actually in charge and ultimately responsible.  Ayes: 7.  Nays: 0.  Motion approved.

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Inspectors' Reports

Inspector Savage report that he drove 1,818 miles in the counties Cuyahoga, Erie, Lake, Mahoning, Ottawa, Portage, Sandusky, Stark, Washington, Wayne, and Franklin,  He made 46 inspections, 9 investigations, found no violations, and monitored three apprentices.

Inspector Wisby report that he drove 2,114 miles in the counties of Adams, Allen, Butler, Hamilton, Putnam, and Van Wert.  He made 33 inspections, 5 investigations, found six violations, and monitored no apprentice.

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Executive Session

On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board went into executive session pursuant to Section 121.22(G)(1) of the Revised Code, to consider complaints and possible disciplinary action against licensees, and Section 121.22(G)(3) of the Revised Code to conference with the Board's counsel to consider pending litigation.  Roll Call vote: Cheney, Aye; DeJohn, Aye; Hadley, Aye; Jones, Aye; Tobias, Aye; Tunnell, Aye; Van Atta, Aye.

On a motion by Mr. Hadley, seconded by Mrs. Cheney, the Board came out of executive session. Roll Call vote: Cheney, Aye; DeJohn, Aye; Hadley, Aye; Jones, Aye; Tobias, Aye; Tunnell, Aye; Van Atta, Aye.

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On a motion by Mr. Tunnell, seconded by Mr. Hadley, the Board voted to close three(3) investigatory files. Roll Call vote: Cheney, Aye; DeJohn, Aye; Hadley, Aye; Jones, Aye; Tobias, Aye; Tunnell, Aye; Van Atta, Aye.

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On a motion by : Mr. Hadley, seconded by Mr. Tunnell, the Board voted to charge Craig M. Nicol with violation of Section 4717.14(A)(2) of the Revised Code, the licensee has been convicted of or has pleaded guilty to a felony or of any crime involving moral turpitude, and Section 4717.14(A)(4) of the Revised Code, the licensee has committed immoral or unprofessional conduct.  Specifically, the violations are based on Mr. Nicol's plea of guilty to theft, a violation of Section 2913.02 F-4 SB2, case no. CR 402335; and case no CR392100. Roll Call vote: Cheney, Aye; DeJohn, Aye; Hadley, Aye; Jones, Aye; Tobias, Aye; Tunnell, Aye; Van Atta, Aye.

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Fiscal

The Board reviewed the June Monthly Transaction Register, the July 3 Daily Transaction Register for Fiscal 2002, the voucher journal for June, and the revenue journal for June.  The Board received a copy of the Joint Regulatory Boards Committee for SRS-e on July 11, 2001.

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Reorganization

After nomination by Mr. Hadley, seconded by Mr. Jones, and an unanimous vote, Mr. DeJohn was elected president for the Fiscal Year 2002.

 

On a motion by Mr. Hadley, seconded by Mrs. Cheney, Mr. Jones was elected vice-president with a unanimous vote of the Board.

 

The Board elected Mr. Hadley to be secretary-treasurer by unanimous vote on the nomination by Mr. DeJohn, seconded by Mr. Jones.

 

Pursuant to Section 4717.03(D) of the Revised Code, the President appointed Mr. Van Atta, Mr. Hadley, and Mr. Tobias to represent the Board of Embalmers and Funeral Directors on the Crematory Review Board.  The Executive Director will contact the Cemetery Dispute Resolution Commission to request the names of the three Commission members appointed to the Crematory Review Board, and to schedule an organizational meeting for the Crematory Review Board.

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The Board recessed at 3:03 P.M.

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Wednesday - July 18, 2001

The Board reconvened at 8:08 A.M. at the LaFayette Hotel in Marietta, Ohio.  Present were: Ross C. DeJohn, Virginia S. Cheney, John J. Hadley, David B. Tobias, Kurtis A. Tunnell, Ronald G. Van Atta, Frank J. Savage, Charles H. Wisby, and Ann Cunningham, and guests, Roger and Phyllis Primm, and Barbara Hadley.  Newly elected president DeJohn conducted the meeting.

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On a motion by Mr. Hadley, seconded by Mr. Van Atta, the Board approved, and where indicated denied, the following continuing education programs.  Ayes; 7.  Nays; 0.  Motion approved.

PRIOR APPROVAL GROUP:

DATE

SPONSOR

TITLE

Hours/denied

010530

BATES

"Lecture, Video, Discussion" - Milford - Approved as blanket order 3-21-01

04

010605

OFDA

"Mass Fatality Training" - Delaware - Approved as blanket order 12-21-00

01

010618

BATES

June 18-19, 2001 - "Meaningful Memories" - "Product Knowledge" - "Preneed Products & Services" - "Options" - "Honoring Family Choices" - "Casket Variety Room" - Batesville - Approved as blanket order 9-20-00

10

010621

BATES

"Meaningful Memories" - Newark

01

010622

BATES

"Product Knowledge" - "Meaningful Memories" - Batesville - Approved as blanket order 9-20-00

06

010705

CCMS

"Fifth Quarter Practicum Program" - Approved as blanket order 7-21-00

02

010711

Fayette

"Meeting W/members of Local Radios & Newspapers To Discuss Issues Of Deadlines & Content For Death Notices" - Washington CH

02

010711

BATES

"Meaningful Memories" - Batesville IN

03

010803

Belmont

"House Bill 94" - St Clairsville

03

010823

OFDA

"The Resurrectionists 19th Century Grave Robbins" - "The History & Future Of Mortuary Education Colleges" - "Federal Trade Commission Guidelines" - "Collection Process & Bad Debts In Funeral Service" - Columbus

05

010910

ICFA

September 10-12, 2001 - "Small Cemetery & Funeral Management Conference" - Atlantic City, NJ

12

010916

MKJ

September 16-17, 2001 - "PFDI 2001 Fall Convention" - Omni Berkshire, NY

06

010920

CENTRAL

"Talking With Children & Teens About Death & Dying" - Miamisburg

02

010926

Allegheny

"Gifts For The Journey" - Pittsburgh, Pa

03

011025

CENTRAL

"Growing To Become A More Effective Funeral Service Aftercare Provider" - Miamisburg

03

 

 

 

On a motion by Mr. Hadley, seconded by Mr. Van Atta, the Board approved, and where indicated denied, the following continuing education programs.  Ayes; 7.  Nays; 0.  Motion approved.

BLANKET:

Sponsor

Title

Hours/denied

Central

"Growing To Become A More Effective Aftercare Provider"

Denied

American

"Annuities For Personal & Preneed Investment"

02

 

 

 

TRBL

"Looking Towards The Future?" - "The Need For Preplanning"

02

BATES

"Product Knowledge" - "Honoring Family Choices" - "Meaningful Memories" - "Options" - "Options Plant Tour" - "Forethought" - Batesville, IN

10

BATES

"Value Of The Funeral" - "Customer Service" - "Good Enough Is Not Good Enough" - "Interpersonal Skills" - "Nuts & Bolts" - "Honoring Family Choices" - "Assembly Plant Tour" - "Meaningful Memories" - "Video Tape & Critique" - "Skill Practice" - Batesville, IN

10

CCMS

"Fifth Quarter Practicum Program" -

02

OFDA

"Mortuary Response To The North Carolina Flooding In the Aftermath Of Hurrican Floyd"

02

OFDA

"Mortuary Response Training"

02

OFDA

"Promoting Professionalism Through OFDA Membership"

01

OFDA

"Promoting Professionalism Through OFDA Membership

02

OFDA

"Legal Aspects Of Funeral Service"

02

OFDA

"Personal Strategies For A Stronger Business"

02

 

On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved, and where indicated denied, the following continuing education programs.  Ayes; 7.  Nays; 0.  Motion approved.

 

INDIVIDUAL:

 

DATE

LICENSEE NAME

TITLE

Hours/denied

000701

Rebecca L Alli

42-00-8288

"Preplanning For Funeral Home Business Interruptions" - Dr Jerry Keller Home Courses

06

000701

Rebecca L Alli

42-00-8288

"Meeting The Needs Of Our Changing Families" - Batesville IN

06

 

 

 

 

 

 

 

 

 

 

On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved the following exemptions and waivers.  Ayes; 7.  Nays; 0.  Motion approved.

 

APPLICATION FOR WAIVERS OR EXEMPTION 2000-2002

Waiver

Exemption

Licensee Name

Granted/Denied

 

X

James Scott Vickers

Granted

 

 

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Before adjourning, the Board commended Roger Primm for serving the Board with great distinction during his ten years on the Board.  On a motion by Mr. Van Atta, seconded by Mr. Jones, the Board meeting adjourned at 8:16 A.M.  Ayes; 7.  Nays; 0.  Motion approved.