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Oregon Mortuary & Cemetery Board

Consumer-Industry Advisory Committee Meeting

Tuesday, December 2, 2008

Draft Minutes

Members Present:

Rick BennettAARP

Sylvia BouneffFCAO

Jon CummingsChair, OMCB

Nancy FeltonCAO

Scott LoganOFDA

Joncile MartinOMCB

Wally OrdemanOFDA

Members Absent:

Tim CorbettCAO

John SpringerCrematories

Guests:

Michelle GainesOMCB Staff

Mark StehnOFDA

The meeting was called to order at 9:00 a.m.

Minutes:

Minutes from theOctober 14, 2008 meeting were approved.

Old Business:

None

New Business:

We continued review of the suggested revisions to the Oregon Administrative Rules (OARs). Primarily, we focused on the justifications/notes and impact to OMCB and small businesses.

As we reviewed the justifications/notes and impacts, several issues were determined to need further review and/or editing. A list of these issues is as follows:

830-011-0000 (24) - Intern apprentice definition. Question: Accredited by who? (Wording changed to “an accredited” instead of “Mt.HoodCommunity College”. )

830-011-0020 (1)- Question: Define scope of ‘supervision’. Does supervisor have to be there physically or just be close by and available? Do we need to spell this out in rules?

830-011-0020 (2) – Question: Would changing this number to1150 hours allow abuse by apprentice?. For example, could they work onemonth and then take a month off if they get the required number of hours?

830-011-0020 (8) – Question: Under revised wording, an apprentice could be fired by his/her supervisor (licensee) and their apprenticeship certificate would become null and void. Need to review and change wording so this unintended consequence is averted.

830-030-000 (10)– Question: How to avoid conflict/responsibility between manager and FSP if this language is adopted. What is the business model?

830-030-008 (1) and (2) – Question: Do we need to specify differences between funeral establishment and immediate disposition company?

830-040-0000(2) - Proposed language does not solve the problem. We are still saying you cannot advertise or operate with license, etc. which would negate any advertising of intent to open a funeral home or other licensed business in the future. Need to re-work language or return to original rule.

830-040-0000 - Question: Where is the language that replaces the deleted section of (9)(b)? Answer: Appears to be covered by revised language of 830-030-0090 (2)(g), (h),(i),and(j). I will add this to the note/justification.

830-040-0000 – Question: Revised language has unintended consequences. New language could potentially bar licensees from recommending any product or vendor. Wally will revisit and possibly revise. If revision cannot be made, we will return to the original language in (11).

830-040-0010– Question: Regarding new language of (6) and (7), there may be a statutory requirement about executive sessions and notification of investigations. Michelle Gaines will check statute on this issue.

Next steps:

  • By or before Christmas, CIAC members should also notify J. Martin of any corrections they feel need to be made to the minutes. It is very important that these minutes reflect the questions asked about certain parts of the CIAC revisions. If I did not fully capture the discussion on any issue, please advise me as soon as possible.
  • If changes are made to these minutes, I will re-send to members and ask for approval of minutes. If no changes are made, I will send a note to you the first week in January and ask for your vote of approval so I can send the minutes to Carla Knapp for posting on the OMCB website.
  • J. Martin will add items reviewed in meeting to the OAR document and send a copy to Michelle Gaines, OMCB Executive Director, and to the CIAC members. Any corrections that CIAC makes from this point on can be handled as public comments.
  • Once the document is in Michelle’s hands, she will take over as the lead and handle presenting it to the Board, getting it out for public comment, and review by the legislature.

Next meeting:

At this time, no future meetings are scheduled.

The meeting was adjourned at12:15 p.m.

Written by Joncile Martin

December 3, 2008

#1: All references indicate the existing rule numbers or letters.

#2: Page numbers refer to the page numbers in the latest version of proposed revisions.