Tuesday - January 16, 2001
The regular meeting of the
Board of Embalmers and Funeral Directors was held on the 31st Floor
of the Riffe Center. The meeting was
called to order at 1:05 P.M. by Ronald G. Van Atta, President. Other Board members present were: Virginia
S. Cheney, Ross C. DeJohn, John J. Hadley, Pernel Jones, Sr., Roger Primm 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.
sssss
On a motion by Mr. Hadley,
seconded by Mr. Primm, the minutes of the December 19-20, 2000, meeting were
approved as amended. Ayes: 7. Nays: 0. Motion approved.
sssss
The Executive Director
announced that the Board's former Assistant Attorney General, Eric Rosenberg,
and his wife, Susan are the proud parents of twin girls born December 31, 2000.
sssss
The Executive Director
confirmed that the reimbursement for the premium for Medical Part-B furnished
to qualified Board members was increased to $50.00.
sssss
The Board decided to
celebrate its annual Holiday Luncheon on February 20 at 12 noon at the
Doubletree Suites Hotel.
sssss
The Personnel Committee
decided to meet after today's meeting.
sssss
Unfinished Business
The Board reviewed sample
law books and decided to print the laws, rules, and references to other
agencies and sections. The Board
requested that the booklet have a standard three-hole punch, and that at a
minimum one booklet should be mailed to every funeral home. The Board will stress the availability of
laws and rules on the Internet page for the State of Ohio.
sssss
The Executive Director
informed the Board that she will not attend the annual FARB convention in
February because of the increased interest of Board members wanting to attend
the Conference convention in April and the ability of the Board to cover the
travel expenses. On a motion by Mr.
Hadley, seconded by Mrs. Cheney, the Board voted to send Ross C. DeJohn, Pernel
Jones, Sr., and Ann Cunningham to the International Conference of Funeral
Service Examining Boards April 6 through April 10 in Clearwater, Florida. Ayes: 7. Nays:: 0. Motion
approved.
sssss
On a motion by Mr. DeJohn,
seconded by Mr. Primm, the Board voted to allow Assistant Attorney General
Mollie Martin to send correspondence to Historic Woodlawn Cemetery in an effort
to bring about an amiable settlement to the present situation. The correspondence would serve as an
informal notice that the current services the cemetery is offering appear to be
in violation of Ohio Administrative Code, Rule 4717-1-01(D), promulgated
January 1, 2001, which defines the "business or profession of directing or
supervising funerals for profit," in the removal of the body of the
deceased and the preparation of the body for final disposition; obtaining
necessary permits; filing death certificates and other necessary forms;
recording of vital statistics; preparation of necessary notices;
making of funeral arrangements; the selling or soliciting of funeral service;
coordinating and directing the ceremony or funeral service; and directing the
final ceremony or service at the cemetery, crematory, mausoleum, etc."
(Emphasis added.)
According to the cemetery's
Direct Cremation Fees sheet, effective February 1, 2001, the basic services
provided by Woodlawn Cemetery, at a cost of $425.00, include,
"[c]ompletion of all cremation authorizations and securing permits as
necessary from Coroner or Physician and Vital Statistic departments, filing
death certificates and ordering certified copies of same, cremation
authorization from next of kin and completion, recording and maintaining of
records for cemetery files."
As these services are
included in the above definition of "Business or professional directing or
supervising funerals for profit," it appears the facility is providing
funeral services without a licensed funeral director, which is a violation of
R.C. 4717.13(A)(1). Quite simply, these
services cannot continue to be offered for sale at Woodlawn Cemetery without
having a licensed funeral director and a funeral home license. The Board is willing to assist should the
cemetery have any questions and is hopeful that the situation can be rectified
without pursuing any formal legal action.
sssss
The Board reviewed another
letter from Mabel Jones concerning the Jones Memorial Funeral Service in Canton
that was damaged by a fire. Secretary
to inform Mrs. Jones that she must comply with Ohio law, and to keep the Board
informed of her progress to secure another building.
sssss
The Board reviewed a letter
from David S. Schoedinger requesting clarification of the Board's position on
advertising the new services, "Simplified Services." Secretary to inform Mr. Schoedinger that he
must differentiate between the funeral home title and the services in all
advertisements.
sssss
New Business
On a motion by Mr. Hadley,
seconded by Mr. DeJohn, the Board approved the following applications for
funeral home license. Ayes: 7. Nays: 0. Motion approved.
Blackstone
Funeral Home, Inc., Girard
Blackstone Funeral
Home, Inc., Girard
Boyer Funeral
Home, Inc., Waverly
Anthony &
Biscan Funeral Home, Green
sssss
On a motion by Mr. Hadley,
seconded by Mr. Primm, the Board approved the following applications for
funeral home license pending receipt of the occupancy permit and final
inspection by the Board, Ayes: 7. Nays: 0. Motion approved.
Bennett-Emmert-Szakovits
Funeral Home, Toledo
Weil Funeral
Home, Cincinnati
sssss
The Board reviewed the
following list of funeral homes that submitted an amendment to change the
manager during the month of December 2000.
Anderson Funeral Home Charles W. Anderson
Springboro
Bolin Funeral Home, Inc. Russell M. Bolin
Zanesville
Cambarare Funeral Home, Inc.
Robert J. Bodnar
Cleveland
Eells-Leggett Funeral Home Charles E. Stauffer, Jr.
Lisbon
Johnson-Melick-Moreland Robert J. Moreland
Centerburg
Neidhard-Hensley Funeral
Home Sean M. Gillen
Mt.
Healthy
Schoedinger-Hilltop Chapel Andrea Marie Stockel
Columbus
Wackerly Funeral Home Eugene C. Wackerly, II
Canton
sssss
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 December 2000.
Wackerly Funeral Home Eugene C. Wackerly, II
Canton
sssss
The Board reviewed the
following funeral homes that closed because of a new owner or new location
during the month of December 2000.
Blackstone Funeral Home,
Inc. new owner
Girard
Blackstone Funeral Home,
Inc. new owner
Girard
Boyer Funeral Home, Inc. new owner
Waverly
sssss
On a motion by Mr. DeJohn,
seconded by Mr. Jones, the Board issued embalmer and/or funeral director
licenses to the following individuals.
Ayes: 7. Nays: 0. Motion approved.
Name embalmer license no. funeral
director license no.
Roberts Brady 8894 A 8746
Susan Highley 8892 A 8743
Colleen Quinn 8893 A 8745
Tara Simpson 8744
Polly Stonebraker 8895 A
sssss
The Board reviewed a list of
individuals that were issued registration numbers during the month of December
2000.
Name embalmer funeral director date
David Johnson D-6778 C-8642 12/01/00
Kimberly Jump D-6879 C-8643 12/07/00
Terry Heath C-8644 12/07/00
Thomas Imler C-8645 12/11/00
Sesha Gates C-8646 12/26/00
sssss
The Board reviewed a list of
individuals that certified apprenticeships during the month of December 2000.
Name apprentice funeral
home
Thomas Imler FD Schoedinger
Funeral Home
Columbus
David Johnson Emb/FD Rawlings-Coats-Fisher-Acree
FH
Middleport
Terry Heather FD Bacher
Funeral Home
Akron
sssss
The Board was informed the
Board office received and processed the following reports during the month of
December 2000.
Embalming case reports 102
Embalming master reports 17
Embalmer interviews 0
Funeral Director progress reports 169
Funeral Director master reports 28
Funeral Director interviews 2
sssss
Correspondence
1. A letter from Joseph A. Marsaglia, Jr.
Associate Dean of the Pittsburgh Institute of Mortuary Science expressing
thanks and appreciation for the presentation given by Mr. Primm, Mr. Savage,
and Mr. Wisby to the PIMS students.
2. A letter from Lisa M. Pavlus requesting
permission to work part time during her embalmer and funeral director
apprenticeship. On a motion by Mr.
Hadley, seconded by Mrs. Cheney, the Board voted to allow Ms. Pavlus to work up
to a maximum of twenty hours outside her apprenticeships. Ayes: 7. Nays: 0. Motion
approved.
3. A letter from James Strabler,
Administrator of Greenlawn Memory Gardens cemetery and a funeral director,
describing a situation in which two local funeral homes conduct services in the
cemetery chapel and at the conclusion of the services leave the body in the
chapel, refusing to transport the body to the grave for final disposition. Secretary to inform Mr. Strabler that the
funeral director is responsible for the final disposition of the body, and the
funeral director's obligation is to the family, and the obligation depends on
the contractual agreement between the funeral home and family.
4. A letter from Charles J. St. John
concerning a change of ownership. The
Board determined that it was a change in the majority of the ownership and that
an application for funeral home license is required. Secretary to inform Mr. St. John.
5. A letter from Robert E. Harden, Executive
Director of the National Funeral Directors Association offering the
association's trusting policy adopted by the Policy Board of the National
Funeral Directors Association.
6. A letter from Mabel C. Jones informing the
Board that her fire-damaged funeral home will be razed by the owner of the
property, and that she is negotiating for another property. Secretary to inform Mrs. Jones that when the
property is razed, her license for that address will cease, and that she must
submit an application for funeral home license along with an occupancy permit
for the new location.
sssss
Inspectors' Reports
Inspector Wisby reported
that he drove 2,159 miles in the counties of Butler, Darke, Franklin, Hamilton,
Pickaway, and Shelby. He made 41
inspections, 4 investigations, found two violations, and monitored no apprentices.
Inspector Savage reported
that he drove 1,216 miles in the counties of Ashtabula, Cuyahoga, Lorain,
Mahoning, Stark, and Summit. He made 31
inspections, 7 investigations, found no violations, and monitored no apprentices. Inspector Savage updated the Board on the
status of the James Funeral Home in Newton Falls. After the fire, the James Funeral Home has been operating, with
permission, out of the McDermott Funeral Home, and Mr. James will notify the Board
of his plans within the next few weeks.
sssss
Executive Session
On a motion by Mr. DeJohn,
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;
DeJohn, Aye; Hadley, Aye; Jones, Aye; Primm, Aye;
Tunnell, Aye; Van Atta, Aye.
On a motion by Mr. DeJohn,
seconded by Mr. Hadley, the Board came out of executive session. Roll call vote: Cheney, Aye; DeJohn, Aye;
Hadley, Aye; Jones, Aye; Primm, Aye; Tunnell, Aye;
Van Atta, Aye.
sssss
On a motion by Mr. Hadley,
seconded by Mr. Primm, the Board voted to close one (1) investigatory file.
Roll call vote: Cheney, Aye DeJohn, Aye; Hadley, Aye;
Jones, Aye; Primm, Aye; Tunnell, Aye; Van Atta, Aye.
sssss
On a motion by Mr. DeJohn,
seconded by Mr. Hadley, the Board approved the settlement agreement negotiated
by Mollie Martin, Assistant Attorney General, with Cole J. Gerstner, attorney
for Austin J. Wiley and the Chute-Wiley Funeral Home in the matter of the
funeral home's violation of Section 4717.14(A)(4) of the Revised Code for
unprofessional conduct related to statement made by Mr. Wiley on April 14,
2000, in the offices of Patrick C. Winans, M.D.. Roll call vote: Cheney, Aye; DeJohn, Aye; Hadley, Aye;
Jones, Aye; Primm, Aye; Tunnell, Aye; Van Atta, Aye.
sssss
On a motion by Mr. Primm,
seconded by Mr. DeJohn, the Board voted to resubmit the request to the Attorney
General for a formal opinion concerning preneed and insurance. Roll call vote: Cheney, Aye; DeJohn, Aye;
Hadley, Aye; Jones, Aye; Primm, Aye; Tunnell, Aye;
Tunnell, Aye.
sssss
Fiscal
The Board reviewed the
December Monthly Transaction Register, the voucher journal for December , and
the revenue journal as of December 30.
The Executive Director gave a brief update on License 2000. The Board also reviewed the formal letter
sent to Thomas W. Johnson, Director of the Office of Budget and Management with
the Board's response to the initial rejection of the Board's budget
request. The Board is requesting relief
from selected unfunded administrative functions of the Board office.
sssss
The Board recessed at 2:35
P.M.
sssss
Wednesday - January 17, 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, Ross C. DeJohn, John J. Hadley, Pernel Jones, Sr., Roger Primm, Kurtis
A. Tunnell, Ronald G. Van Atta, Frank J. Savage, Charles H. Wisby, and Ann
Cunningham.
sssss
The Board reviewed a thank
you note sent by Class #122 of the Pittsburgh Institute of Mortuary Science,
thanking Mr. Primm, Inspector Savage and Inspector Wisby for their
participation in the law seminar held in December.
sssss
Continuing education
On a motion by Mr. Hadley,
seconded by Mr. Tunnell, the Board approved, and where indicated modified or
denied, the following continuing education programs. Ayes: 7. Nays: 0. Motion approved.
PRIOR APPROVAL
GROUP:
|
DATE |
SPONSOR |
TITLE |
Hours/denied |
||
|
001227 |
Bates |
"Product Knowledge" - "Meaningful
Memories" - Batesville, IN - Approved as blanket order 9-20-00 |
05 |
||
|
010110 |
OFDA |
"Mortuary Response Training" - Dayton Approved as blanket order 9-20-00 |
02 |
||
|
010118 |
Fire |
"Family Memory Savers" - Norwalk |
02 |
||
|
010123 |
BartkeyAS |
January 23-24, 2001 - "CPR - American Heart
Association" - Minerva |
03 |
||
|
010129 |
CuyFD |
"Organ Donation" - Independence |
02 |
||
|
010207 |
District #4 |
"Life Center(Organ Donation" - Hamilton |
02 |
||
|
010208 |
District #3 |
"Organ Procurement" - Sidney |
02 |
||
|
010212 |
Fores |
February 12-13-14-15, 2001 - "Who Moved My
Cheese?" - "Changes To The Way Cheese Is Found At Need" -
"Charges In Leathering Preneed Cheese For The Future" -
"Charges To The Growth Of the Cheese Inc" - Scottsdale, AZ |
20 |
|
|
|
010213 |
Trust 100 |
"Professional Strategies For The Funeral
Profession" - Ft Lauderdale, FL |
13 |
|
|
|
010214 |
CCMS |
"Take My Hand" - Cincinnati |
03 |
|
|
|
010214 |
GMont |
"Getting Your Money's Worth From Your
Website" - Kettering |
01 |
|
|
|
010214 |
Tufts |
"OSHA Training" - Loveland |
03 |
|
|
|
010215 |
District #2 |
"Business & Educational" - Ashland |
03 |
|
|
|
010215 |
Fire |
"N.W. Of Ohio Tissue Bank" - Norwalk |
02 |
|
|
|
010215 |
SIFH |
Was National Selected Morticians now called
Selected Independent Funeral Homes - February
15-16-17, 2001 "Management Certification Institute - Basic Financial
Management" - Atlanta, GA |
18 |
|
|
|
010219 |
FDNA |
"Anatomical Donations" - "Life
Connection" - Toledo |
02 |
|
|
|
010226 |
Tri-CFD |
"Funeral Director's Role In Mass
Fatalities/Panel Dialogue" Niles |
03 |
|
|
|
010226 |
SIFH |
February 26-28, March 1, 2001 - "Under Forty
Seminar" - San Diego, CA |
08 |
|
|
|
010308 |
Bates |
March 8-9, 2001 - "Creating Funeral
Experiences: Responding to The New Customer" - Tucson, AZ |
08 |
|
|
|
010319 |
Fores |
March 19-21, 2001 - "Who Moved My
Cheese?" - "Changes To The Way Cheese Id Found At Need" -
"Charges In Leathering Preneed Cheese For The Future" -
"Charges To The Growth Of the Cheese Inc" - Las Vegas, NV |
20 |
|
|
|
010329 |
Schoedinger |
"Central Ohio Conference On Grief 2001"
- Columbus |
05 |
|
|
|
010329 |
SIFH |
Was National Selected Morticians now called
Selected Independent Funeral Homes - March
29,30,31 2001 "Management Certification Institute - Basic Financial
Management" - Memphis, TN |
18 |
|
|
|
010607 |
SIFH |
June 7-8-9, 2001 "Management Certification
Institute - Basic Financial Management" - Denver, CO |
18 |
|
|
|
010719 |
SIFH |
July 19-20-21, 2001 "Management Certification
Institute - Basic Financial Management" - Boston, MA |
18 |
|
|
|
010809 |
SIFH |
August 9-10-11, 2001 "Management
Certification Institute - Basic Financial Management" - Columbus |
18 |
|
|
|
010913 |
SIFH |
September 13-14-15, 2001 "Management
Certification Institute - Basic Financial Management" - Atlanta, GA |
18 |
|
|
|
011025 |
SIFH |
October 25-26-27, 2001 "Management
Certification Institute - Basic Financial Management" - Chicago, IL |
18 |
|
|
BLANKET:
|
Sponsor |
Title |
Hours/denied |
|
FamilyA |
"Increasing Profitability While Improving
Customer Satisfaction With Point Of Purchase Financing" |
02 |
|
Life |
"Presentations & Training Of Life Files
Company & Products" - |
02 |
|
FSEF |
"Beyond Grief" - "Children &
Grief: Big Issues For Little Hearts" - "Creating Meaningful Funeral
Ceremonies" - "Death Etiquette For The 90's: What To Do" -
"Death & Grief: A Guide For Clergy" - "Different
Losses/Different Issues: What To Expect" - "NEW-Ethnic Variations
In Dying, Death & Grief By" - "Grief In the Workplace: 40 Hours
Plus Overtime" - "Interpersonal Skills Training: For Funeral Home
Staff" - "No time For Goodbyes" - "The Funeral: An
Endangered Tradition" - "Using Grief To Grow: A Primer" -
"NEW-What Will We Do? Preparing A School Community to Cope With Crisis"
- "Winning Ways" "Advanced Funeral Planning: Becoming The
Resource Leader" - "Are There Twinkies In Heaven? Talking With
Children About Death" - "EPA Compliance For Funeral Homes" -
"FTC Funeral Rule Overview: Ten Compliance Issues" - "First
Aid For Burnout & Compassion Fatigue" - "Funeral Directors: The
First Step On the Bereavement Journey" - "Identification Through
DNA Profiling & DNA Storage" - "The Impact Of Current Tends On
Independent Funeral Homes" - "Marketing Strategies: Developing The
Winning Edge" - "Owning Cremation Equipment: Is Now The Time?"
- "So You Want To Get Back IN?: Buying Your Family Business Back" -
"Successful Treatment Of Edematous Conditions" - "Strategic
Planning: Ensuring The Success Of Your Funeral Business" - "Understanding
& Relating To Different Personality Styles" - "What's A Grief
Management Specialist & Does the Funeral Home Need One?" - "Bye
Bye, I Love You: Children's Explorations Of Death" - "Creating
Meaningful Ceremonies: Exploring Current & Future Trends" - "FTC
Funeral Rule Training" - "Funeral Directors Are Their Own Worst
Enemies" - "Glutaraldehyde: OSHA Regulation & Health
Hazards" - "Helping Client Families Understand The Professional
Service Fee" - "High Profile Funerals: Inquiring Minds What to
Know" - "How to Dance With Elephants" - "Mausoleum
Entombment: Funeral Directors Concerns" - "Men & Grief: the
Study That Will Change Your Mind" - "OSHA Regulations & the
EPA: 1999 Update" - "Risk Management & Insurance For The
Funeral Home" - "Stress: the Spice Of Life Or The Kiss Of
Death" - "Tough Issues, Tender Message: A Model Approach" -
"Worker's Compensation: Cost Reduction & Liability" -
"Avoiding Sexual Harassment Suits" - "Enhancing Communication
Skills For the Funeral Service Professional" - "NEW - FTC
Compliance: The General Price List" - "Marketing For
Cremation" - "The Art Of Facial Reconstruction" "Embalming Difficult Cases" - Home
Courses 10 hrs |
10 hrs each 4 hrs |
|
NFDA |
"Controlling Accounts Receivable" -
"Embalming The Obese Case" - "Ethics In the Real World:
Guidelines For Ethical Decision-making In Funeral Service" -
"Funeral Home Remodeling Or New Construction For Funeral Home Owners
& Managers" - "NEW-Minimum Wage & Overtime Pay Requirements
For The Funeral Industry" - "Time For Your Annual Check-up" -
"Understanding A Child's Grief" - "Understanding The Practice
Of the FTC Funeral Rule" - NFDA Online Learning Center Courses |
3 hrs each |
|
IFDCO |
"How Is The Internet Affecting The Funeral
Industry?" - "How the Internet Can Reduce Costs & Streamline
Directors Purchasing Time?' - Busch Family Funeral Chapels, Parma |
02 |
|
Dist#16 |
"Funeral Home Records Microfilming
Project" |
02 |
INDIVIDUAL: CE Programs offered in Ohio must be approved prior to date of program.
|
DATE |
LICENSEE NAME |
TITLE |
Hours/denied |
|
000701 |
Barrett, John E 42-00-8236 |
"Trigard Burial Vaults" - "Funeral
Home & Preneed" - "Greenwood Plastics Co" - Danville, IL |
07 |
|
000701 |
Desch, R Michael 42-00-8155 |
"Human Resources MGL 430" -
"Funeral Service Research MGT 435" -"Advanced Funeral Planning
MGT 441" - "Cemetery Law & Issues MGT 442" -
"Procurement & Transplant SCI 430" - "Professional Ethics
SOC 410" - "After Care In Funeral Service" - "Funeral
Service Practicum" - CCMS, Cincinnati - |
10 |
|
000701 |
Kinnick, George J 42-00-6299 |
"Medicaid Spend Down/Estate Planning" -
Poland |
02 |
|
000701 |
Newsome, Delmos L 42-00-7057 |
"HIV/AIDS & Bloodborne Pathogens" -
Port Charlotte, FL |
02 |
sssss
On a motion by Mr. Hadley,
seconded by Mr. Jones, the Board approved the following exemptions and
waivers. Ayes: 7. Nays: 0. Motion approved.
APPLICATION FOR WAIVERS OR EXEMPTION 1998-2000
|
Waiver |
Exemption |
Licensee Name |
Granted/Denied |
|
X |
|
Bowles, Gerald |
Denied |
|
|
X |
Heeter, Scott |
Granted |
APPLICATION FOR WAIVERS OR EXEMPTION 2000-2002
|
X |
|
Barkdull, Richard E |
Granted |
|
X |
|
Dicken, Harold |
Granted |
|
X |
|
Faulkner, Herbert C |
Granted |
|
|
X |
Fitzthum, Matthew J |
Granted |
|
|
X |
Hershberger, James Ralph |
Granted |
|
X |
|
Kirkpatrick, Don S |
Granted |
|
|
X |
Norris, Max B II |
Granted |
|
X |
|
Schoedinger, John E |
Granted |
|
X |
|
Schoedinger, Robert S |
Granted |
|
X |
|
Thompson, Pearl William |
Granted |
|
|
X |
Wesley, Peggy C |
Granted |
|
|
X |
Worley, Christopher Alan |
Granted |
sssss
On a motion by Mr. Hadley,
seconded by Mr. Tunnell, the Board meeting adjourned at 8:47 A.M. Ayes: 7. Nays: 0. Motion
approved.