Tuesday - May 15, 2001

The regular meeting of the Board of Embalmers and Funeral Directors was held on the 31st Floor of the Riffe Center.  President, Ronald G. Van Atta called the meeting to order at 1:04 P.M.  Other Board members present were: Virginia S. Cheney, John J. Hadley, Pernel Jones, Sr., 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 Mr. Jones, the minutes of the April 17-18, 2001, meeting were approved as amended.  Ayes: 5.  Nays: 0.  Motion approved.

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Mr. Hadley, Mr. Primm, and Inspectors Savage and Wisby monitored the examinations on April 24-25, 2001.  Mrs. Cheney, Mr. DeJohn, Mr. Hadley, Mr. Primm, Inspectors Savage and Wisby, and Ms. Cunningham greeted licensees and answered questions at the Board's booth during the three-day Ohio Funeral Directors Convention, April 25-26-27, 2001.  Ms. Cunningham presented one of the twenty-minute continuing education programs.

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Ms. Cunningham reported that the Board staff participated in the Joint Regulatory Boards Legislative Reception.  This was the third year for the day-time reception held on the 31st Floor, and attendance by the legislators has only slightly improved.  Each Board has a table for printed material; in addition, the Boards give a power-point presentation of licensure, investigations, and discipline

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There was a brief discussion of the Training for New Board Members offered by the Governor's office on May 18, 2001.  Mr. Hadley had attended a previous presentation, and Ms. Cunningham offered her reservation for the event to Mr. Jones.  Mrs. Cheney and Ms. Cunningham will attend a later presentation.

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The Board staff will compile materials as a general outline for presentations by Board members along with printed materials to offer to organizations and groups.

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The Executive Director reported that the liaison meeting of the OAKS Project (Ohio Administrative Knowledge System), an integrated system for accounting, budgeting, human resources, payroll, capital improvement projects, procurement, and fiscal assets management functions was cancelled and will be scheduled for a later date.

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The Executive Director reported that the International Conference of Funeral Service Examining Boards was surveying all state boards as well as the District of Columbia and Ontario, Canada as to their internship requirements.  A committee will be formed to draw up a model internship program to be presented at the next meeting of the Funeral and Memorial Information Council.

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The Executive Director mentioned the State of Ohio Performance Review System (OPRS) in which she is making progress.

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It was announced that License 2000 has come to an abrupt halt.  There are major disagreements between the State of Ohio, Department of Administrative Services, in charge of the project and the vendor, System Automation.

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Unfinished Business

The Board members were given copies of Minnesota's statue, in particular, the regulation of cemeteries and preneed.  This was a topic of discussion during the Conference convention in Clearwater, Florida.

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New Business

On a motion by Mr. Hadley, seconded by Mr. Jones, the Board rescinded the following applications for funeral home license issued in January, 2001.  Ayes: 5.  Nays: 0.  Motion approved.

            Tobias Funeral Home, Inc., Dayton

            Tobias Funeral Home, Inc. Englewood

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On a motion by Mr. Hadley, seconded by Mr. Jones, the Board approved the following applications for funeral home license.  Ayes: 5.  Nays: 0.  Motion approved.

Cambarare Funeral Home, Inc., Cleveland

Myron N. Howard Funeral Home, Youngstown

Tobias Funeral Home, Inc., Dayton

Tobias Funeral Home, Inc., Englewood

Weil Funeral Home, Inc., Cincinnati

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On a motion by Mr. Hadley, seconded by Mr. Jones, the Board approved the following applications for funeral home license pending receipt of the occupancy permit and final inspection by the Board.  Ayes: 5.  Nays: 0.  Motion approved.

Charles R. Blessing Funeral Home, Mentor

McGorray Bros. Funeral Home, Westlake

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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 April 2001.

Brickman-Monreal Funeral Home               Jane S. Monreal

Eastlake

Jerry Jones, Jr. Funeral Service                   Cecilia M. Rossi

Akron

Schnieder-Slack Funeral Home                   Drew W. Griffin

Chesapeake

Tate Funeral Home                                     Major Jones, Jr.

Toledo

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The Board reviewed the following 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 April 2001.

Scott Funeral Home                              Charles D. Scott

Cambridge

Tate Funeral Home                               Major Jones, Jr.

Toledo

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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 April 2001.

Cambarare Funeral Home, Inc.             new location

Cleveland

Mryon N. Howard Funeral Service, Inc.     new owner

Youngstown

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On a motion by Mr. Hadley, seconded by Mr. Jones, the Board accepted the following individuals as having met the licensure requirements, and pending receipt of the initial fee, will be issued an embalmer and/or funeral director license number as indicated.

Name                                             embalmer                     funeral director

                                                      License #                      license #

Brooke Gray                                  8911 A                        8765

Karen Grothouse                            8912 A                        8766

Terresa Spann                                8913 A                        8767

Melissa Xander                              8914 A                        8768

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

Name                                 embalmer         funeral director       date

Theresa Headley                 D-6911            C-8683                  04/11/01

Mark Eamigh                      D-6912            C-8684                  04/30/01

 

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

Name                            apprentice        funeral home

Gladys Donald               FD                   Donald & Stewart, Inc,

                                                              Cincinnati

Theresa Headley            Emb/FD           Dunn-Quigley & Ciriello Funeral Home

                                                              Akron

Heather Nihiser              Emb/FD           Jenkins Funeral Chapel, Inc.

                                                              Westlake

Steven Spears                Emb/FD           Jerry Spears Co.

                                                              Columbus

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

Embalming case reports                        239

Embalming master reports                       38

Embalmer interviews                                 9

Funeral Director progress reports          320

Funeral Director master reports               51

Funeral Director interviews                     18

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

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Correspondence

   1.      A letter from Marie D. Borowski requesting permission to continue the operation of the Bernard P. Borowski Memorial Home.  On motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved the request to continue the operation of the funeral home for an additional twelve months until June 6, 2002.  Before June 2002, the owner of the funeral home must file a new application for funeral home license.  Ayes: 5.  Nays: 0.  Motion approved.

   2.      A letter from James D. McFarland concerning firm title change.  The Board accepted the firm title change from "McCardell-White Funeral Home" to "McCardell-White-McFarland Funeral Service."  Secretary to inform Mr. McFarland that all advertisement and signage must reflect the new title.

   3.      A letter from Mrs. Louane Villhauer requesting a partial refund of her late husband's renewal fee.  Secretary to inform Mrs. Villhauer that the Ohio law does not have a provision for refunds.

   4.      A letter Alex P. Roberts of the Roberts Funeral Homes in Wooster and Wadsworth about combining multiple locations into one corporation.  Secretary to inform Mr. Roberts that if creating one corporation changes the federal tax identification number, then he would be required to submit new applications for funeral home license for each location.

   5.      A letter from Poul Lemasters of the Radel Funeral Service Company concerning the five-year requirement for a master of apprentices.  On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board concluded that Mr. Lemasters would qualify as a master because he has been licensed for five years in West Virginia and Ohio combined.

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Person Before the Board

Kimberley Ball, a reciprocal applicant from the state of Pennsylvania, was interviewed by the Board members.  On a motion by Mr. Hadley, seconded by Mrs. Cheney, the Board approved Ms. Ball's application for reciprocal licensure.  Ms. Ball is required to pass the embalmer Ohio laws examination and the funeral director Ohio laws examination.  Ayes:  5.  Nays: 0.  Motion approved.

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Inspectors' Reports

Inspector Savage reported that he drove 1,383 miles in the counties Cuyahoga, Lake, Lorain, Marion, Medina, Richland, Stark, Summit, Trumbull, and Wyandot.  He made 41 inspections, 8 investigations, found no violations, and monitored no apprentice.  Inspector Savage monitored examinations on April 24-25, 2001, and attended the OFDA convention April 25-26-27, 2001.

 

Inspector Wisby reported that he drove 1,730 miles in the counties of Adams, Brown, Franklin, Hamilton, Highland, Lucas, Union, and Williams.  He made 18 inspections, 6 investigations, found one violations, and monitored no apprentices. Inspector Wisby monitored examinations on April 24-25, 2001, and attended the OFDA convention April 25-26-27, 2001, and presented a program at the Cincinnati College of Mortuary Science

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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; Hadley, Aye; Jones, Aye; Tunnell, Aye, Van Atta, Aye.

 

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

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On a motion by Mr. Tunnell, seconded by Mr. Jones, the Board voted to close two (2) investigatory files.  Roll call vote: Cheney, Aye; Hadley, Aye; Jones, Aye; Tunnell, Aye; Van Atta, Aye.

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On a motion by Mr. Hadley, seconded by: Mr. Jones, the Board approved the settlement agreement negotiated by Mollie Martin, Assistant Attorney General, with James E. Roberts attorney for Armond V. Rossi and the Rossi Brothers Funeral Home, Inc., in the matter of the funeral home's violation of Section 4717.14 (A)(4) and (A)(5) of the Revised Code, for knowingly permitting an unlicensed person other than a person serving an apprenticeship to engage in the profession or business of funeral directing.  Roll call vote: Cheney, Aye; Hadley, Aye; Jones, 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 Wendell C. Brogdon and the Brogdon and Son Funeral Home with violation of Section 4717.13(B)(3) of the Revised Code, for failure to place in the vessel containing the cremated remains a tag bearing the name, date of birth, date of death and social security number of the deceased; and Section 471714(A)(4) of the Revised Code for unprofessional conduct related to the cremations and final dispositions of Homer House and Otis Givens.  Specifically, Mr. Brogdon and the Brogdon and Sons Funeral Home represented to the Homer House family that the cremated remains provided to them were of Homer House when they were in fact the cremated remains of Otis Given.  Moreover, Mr. Brogdon represented to the family of Otis Givens that his cremated remains were interred on October 2, 2000, when in fact on April 5, 2001, the urn was disinterred and found to be empty.  Roll call vote: Cheney, Aye; Hadley, Aye; Jones, Aye; Tunnell, Aye; Van Atta, Aye.

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Fiscal

The Board reviewed the April Monthly Transaction Register, the voucher journal for April, and the revenue journal for April.  The Board members received a copy of the Management Letter from Jim Petro, Auditor of State, reporting that the procedures performed by the auditors at the Board office did not result in the identification of any material noncompliance or reportable conditions in internal control that required inclusion in the statewide report.  In addition, the Board members were given a copy of a memorandum from Governor Bob Taft calling for additional restrictions on agency spending in FY 2001.

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Mr. Tunnell left the Board meeting at this point in the meeting.

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The Board reviewed the grades of the embalmer Ohio Laws examinations and the Funeral Service Arts and Science examinations written April 24-25, 2001.  On a motion by Mr. Hadley, seconded by Mr. Jones, the applicants with a score of 75% or higher on the examinations will be issued an embalmer license number, pending receipt of a properly completed application and the initial license fee.  Motion approved.  A list of applicants, their scores, and license numbers will be entered into the journal.  Roll call vote: Cheney, Aye; Hadley, Aye; Jones, Aye; Van Atta, Aye.

 

The Board reviewed the grades of the funeral director Ohio laws, Sanitation, and Funeral Service Arts examinations written on April 24-25, 2001.  On a motion by Mrs. Cheney, seconded by Mr. Hadley, the applicants with a score of 75% or higher on these examinations be granted a funeral director license number, pending receipt of a properly completed application and the initial license fee.  Motion approved.  A list of licensees, their scores, and license numbers will be entered into the journal Roll call vote: Cheney, Aye; Hadley, Aye; Jones, Aye; Van Atta, Aye.

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The Board recessed at 2:31 P.M.

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Wednesday - May 16, 2001

The Board reconvened at 8:03 A.M. in the Board's offices on the 16th Floor of the Riffe Center.  Present were: Virginia S. Cheney, John J. Hadley, Pernel Jones, Sr., Kurtis A. Tunnell, Ronald G. Van Atta, Mollie Martin, A.A.G., Frank J. Savage, Charles H. Wisby, and Ann Cunningham.

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Executive Session

On a motion by Mr. Hadley, seconded by Mr. Jones, 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; Hadley, Aye; Jones, Aye; Tunnell, Aye; Van Atta, Aye.

 

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

 

There was no action to report.

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Persons Before the Board

Kevin Schneider and Laura Nobbe appeared before the Board to apply for a license for a funeral home.  On a motion by Mr. Hadley, seconded by Mr. Jones, the Board voted to approve the application for funeral home license for Schneider Funeral Home in Cincinnati.  Ayes: 5.  Nays:  0.  Motion approved.  The Board denied the use of the former firm title, Hawthorne-Bowles Funeral Home, because of failure to renew.

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Continuing Education

On a motion by Mr. Hadley, seconded by Mr. Tunnell,  the Board approved, and where indicated denied, the following continuing education programs.  Ayes: 5.  Nays: 0.  Motion approved.

PRIOR APPROVAL GROUP:

DATE

SPONSOR

TITLE

Hours/denied

001024

BATES

"Making Effective Cremation Arrangements" - Cincinnati - Approved as blanket order 9-22-99

04

001130

YORK

"Consumer Attitudes Toward Presentation Of Funeral Merchandise" - York, PA - Approved as blanket order 7-19-00

02

001207

BATES

"Making Effective Cremation Arrangements" - Cincinnati - Approved as blanket order 9-22-99

04

010406

LIFE

April 6-7-8, 2001 - "Group Discussion & Lecture" - "The Loss Line Process" - "The Death Lab" - "Funeral Arrangement  Communication Skills" - Cleveland - Approved as blanket order 8-19-00

17

010409

BATES

"Meaningful Memories" - Honoring Family Choices" - Jacksonville - Approved as blanket order 9-22-00

04

010410

BATES

"Meaningful Memories" - "Honoring Family Choices" - Batesville, IN - Approved as blanket order 9-22-00

04

010411

BATES

"Meaningful Memories" - "Honoring Family Choices" - Batesville, IN - Approved as blanket order 9-22-00

04

010416

Baxter

"Concrete Burial Vaults 101" - Cincinnati - Approved as blanket order 8-16-00

02

010419

OFDA

"Maximizing The Benefits Of Workers' Compensation" - Cincinnati - Approved as blanket order 2-21-01

01

010419

OFDA

"Promoting Professionalism Through OFDA Membership" - Cincinnati - Approved as blanket order 8-16-00

01

010419

OFDA

"Current Issues Effecting Funeral Service At Bother The State"  - Cincinnati - Approved as blanket order 3-21-01

01

010419

Clark

"Manufacturing Plant Tour" - "Protecting Memories Education Program" - Columbus - Approved as blanket order 4-18-01

03

010419

Clark

"Manufacturing Plant Tour" - "Protecting Memories Education Program" - Columbus - Approved as blanket order 4-18-01

03

010423

BATES

April 23-24, 2001 - "Product Knowledge" - "Honoring Family Choices" - "Options" - "Preneed Products & Services" - "Casket Variety Room" - "Meaningful Memories" - Batesville, IN - Approved as blanket order 9-20-00

10

010426

CoCoFDA

"Youngstown Vind. - New Obit System" - Lisbon

02

010430

BATES

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

06

010501

Baxter

"Concrete Burial Vaults 101" - Cincinnati - Approved as blanket order 8-16-00

02

010503

ACC

"Marketing Today & Tomorrow - Childrens Resources" - "Aurora Plant Tour" - Sidney - Approved as blanket order 3-21-01

03

010503

BATES

"May 3-4, 2001 - "Product Knowledge" - "Honoring Family Choices" - "Meaningful Memories" - "Options" - "Preneed Products & Services" - "Casket Variety Room" - Batesville, IN - Approved as blanket order 9-20-00

10

010504

PFDI

May 4-7, 2001 - "Spring 2001 PFDA Convention" - Key West, FL

09

010504

LIFE

MAY 4-5-6, 2001 - "Group Discussion & Lecture" - "The Loss Line Process" - "The Death Lab" - "Funeral Arrangement Communication Skills" - Cleveland - Approved as blanket order 8-15-00

17

010507

Baxter

"Concrete Burial Vaults 101" - Cincinnati - Approved as blanket order 8-16-00

02

010509

BATES

"May 9-10, 2001 - "Value Of Funeral Services" - "Customer Service" - "Interpersonal Skills" - "Nuts & Bolts" - "Casket Variety Room" - "Assembly Plant Tour" - "Meaningful Memories" - "Video Tape & Critique" - Batesville - Approved as blanket order 9-20-00

10

010509

ColCoFDA

"Corporation Funeral Providers" - Lisbon

02

010509

Fayette

"Fayette Memorial Hospital - Dept Inservice" - Washington CH

02

010517

LIFE

May 17-18, 2001 - "Loss Management Seminar" - Geneva

06

010517

Fire

"Memorialization of Today's Funeral" - Norwalk

02

010524

Dist-#2

"Business & Contagious Disease & Pathogens" - "Business & Life Banc 0 Organ Donation" - Ontario

03

010524

MichiganEmb

"Compliance & Safety Issues Pertinent To The Embalmer" - Mt Pleasant MI

06

 

 

 

 

 

 

 

010604

FDAK

June 4-5-6, 2001 - "Funeral Service Forum" - "Changing Trends In Funeral Service Today" - "The Assassination & Funeral Of President Abraham Lincoln" - "Keys To Managing Conflict" - Louisville KY

09

010606

SumFD

"The Impact Of Personalization" - Akron

03

010607

MTCCFD

"Hospice Work In Our Community" - Salem

02

010612

Central

"From the Pulpit to The Grave" - Cincinnati

03

010612

GcinFD

"Introducing & Promoting Preneed In At Need Environments" - "How To organize A Successful Public Relations Program" - Cincinnati

02

010613

GMont

"Inter-Generational Conflict In Funeral Service" - Kettering

02

010614

NFDA

"FTC Funeral Rule Compliance Teleconference" -

02

010620

Pitts

"Sanitation, Communicable Diseases & The Embalmer" - Erie, PA

03

010626

Central

"Stress Reduction For Funeral Directors" - Cincinnati

03

010717

Central

"Becoming A More Effective Funeral Service Aftercare Provider" - Cincinnati

03

010816

NFDA

"OSHA Compliance: Inspection Prep Teleconference"

02

011018

MTCarmel

October 18-19, 2001 - "Community Seminar" - "Professional Workshop" - Columbus

06

011101

NFDA

"Late Breaking Compliance News"

02

 

 

On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved, and where indicated denied, the following continuing education programs.  Ayes: 5.  Nays: 0.  Motion approved.

Blanket:

Sponsor

Title

Hours/denied

CCMS

"History & Future Of Mortuary Education"

02

NFDA

"Access To Employee Exposure & Medical Records Standard" - "Hazard Communication Standard" - Home Study

04

NFDA

"OSHA Bloodborne Pathogens Standard" - Home Study

04

NFDA

"OSHA Formaldehyde Standard" - Home Study

04

Central

"Preparation Room Management" - Ask Chuck Wisby

denied

Central

"Growing To Become A More Effective Aftercare Provider" (Ask Chuck Wisby)

denied

 

 

On a motion by Mr. Tunnell, seconded by Mr. Jones, the Board approved, and where indicated denied, the following continuing education programs.  Ayes: 5.  Nays: 0.  Motion approved.

Individual:

DATE

LICENSEE NAME

TITLE

Hours/denied

000701

Jane A Nichols

41-00-5801

March 28 - April 1, 2001 - "Annual Conference Assn For Death Education & Counseling" - Toronto, Canada

10

000701

Joseph D Lane

42-00-7284

May 10, 2001 - "How To Protect Assets During Life & Avoid Estate Tax At Death In Ohio" - Cuyahoga Falls

06

000701

Joseph D Lane

42-00-7284

June 14, 2001 - "Wealth Transfer" - Columbus

07

000701

Delmos L Newsome

42-00-7057

March 7. 2001 -"Hazardous Materials/Chemicals" - "Bloodborne Pathogens/HIV Aids" - FL

08

000701

Janice L Brown

41-00-8128

April 10, 2001 - "OSHA Ergonomics Rule, Health Plans, Estate Taxes, Funeral Trusts, Wage & Hour Issues" - Tulsa OK

01

000701

Gary E Rook

42-00-6710

"FTC Training" - Port Charlotte, FL

02

000701

Jonathan R Zwick

42-00-8472

"changing Rends In Funeral Service" - Indianapolis, IN

03

000701

Deborah L Koffel

42-00-8331

Kent State University - East Liverpool Campus - "21 Irrefutable Laws Of Leadership" - East Liverpool

Needs transcript

000701

Richard Perko

42-00-6455

"Clinical Pastoral Education" - Jacksonville, FL

18

 

 

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On a motion by Mr. Hadley, seconded by Mr. Tunnell, the Board approved the following exemptions and waivers.  Ayes: 5.  Nays: 0.  Motion approved.

APPLICATION FOR WAIVERS OR EXEMPTION 1998-2000

Waiver

Exemption

Licensee Name

Granted/Denied

 

 

 

 

 

APPLICATION FOR WAIVERS OR EXEMPTION 2000-2002

 

X

 

Samuel D Jenkins

Granted

X

 

Franklin P Leasure

Granted

 

X

Julie C Routsong

Granted

 

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On a motion by Mrs. Cheney, seconded by Mr. Jones, the Board meeting adjourned at 10:21 A.M.  Ayes: 5.  Nays: 0.  Motion approved.