New Mexico Board of Thanatopractice

October 5, 2011

REGULAR BOARD MEETING

Regulation and Licensing, Toney Anaya Building

2550 Cerrillos Road, Hearing Room 1

Santa Fe, New Mexico

October 5, 2011

10:00 a.m.

MINUTES

MEMBERS PRESENT: Sam Baca, Professional Member, Chairman

Tommy Crow, Professional Member, Vice Chairman

Brad Brane, Professional Member

Rev. Clyde Stanfield, Public Member

Charles Moon, Public Member

BOARD STAFF: Martha L. Gallegos, Board Administrator

Stephen Vigil, Assistant Attorney General

Cynthia Graystone, Compliance Officer

Dennis Dee, Superintendent, RLD

Vadra Baca, Deputy Director, Boards & Commissions, RLD

1.  CALL TO ORDER AND ROLL CALL

Chair Baca called the meeting to order at 10.00 a.m. Roll call was taken and it was determined that a quorum was present.

A. Introduction of New Board Members – Mr. Charles Moon and Mr. Brad Brane were introduced and welcomed to the Board.

B. Introduction of New Inspector – Mr. Tony Webb was introduced and welcomed to the Board.

2.  APPROVAL OF AGENDA

Mr. Crow MOTIONED to approve the agenda. Reverend Stanfield SECONDED the motion. The motion was PASSED by unanimous decision.

3.  APPROVAL OF BOARD MEETING MINUTES

April 27, 2011 – Mr. Crow MOTIONED to approve the minutes of the April 27, 2011 regular board meeting. Mr. Brane SECONDED the motion. The motion PASSED by unanimous decision.

4. OLD BUSINESS

Legislation Update – Mr. Crow gave a legislative update. Board tried to override pocket veto of Bill 444 in the special session. It did not get heard. Another attempt will be made for the short session in the spring. If no success, the Board will need to wait for the long session in 2013.

5. NEW BUSINESS

A. Ratification of Licenses (See Attachment A) – The Board reviewed and discussed the listing. Jennifer McGarvey is no longer valid and Brenton Gore is no longer valid. Mr. Crow MOTIONED to ratify the new licenses with the exception of the changes. Reverend Stanfield SECONDED the motion. Motion PASSED by unanimous decision.

After executive session the Board revisited the ratification of licenses listing. It was found that Lester Salazar’s name was included in the listing in error. Mr. Crow MOTIONED to unratify Lester Salazar. Mr. Brane SECONDED the motion. Motion PASSED by unanimous decision.

B. Allan Hutcheson – Refund Request - Mr. Crow MOTIONED to honor a refund to Mr. Hutcheson for his licensure fee. Reverend Stanfield SECONDED the motion. Motion PASSED by unanimous decision.

C. Gonzales Funeral & Cremations – Clarification Request – The board read and discussed the

question of a funeral service intern (FSI) practicing under the supervision of another funeral service

intern. The Board clarified that an FSI under direct supervision must be under the direct supervision

of a funeral service practitioner (FSP) and not an FSI. An FSP must be present at all times. This

includes prayer services and rosary services.

D. Appointment of FSP – Salazar and Sons – There was extensive discussion with reference to who would be signing off on the death certificates pending at vital statistics from Salazar and Sons. There is nothing in the statute that gives the Board authority to appoint an FSP for the signing of death certificates. Mr. Brane mentioned that he did meet with the Salazar’s with reference to the issue. His main concern is taking care of the people. He would like to offer to sign off on the death certificates but is concerned with the validity of his license should something go wrong. A document was prepared between Salazar and Sons and Mr. Brane for review of the attorney general’s office. Assistant Attorney General Stephen Vigil informed the Board that Mr. Brane would be acting on his own. Louis Salazar, brother of Lester Salazar offered to sign off on all the death certificates with the stipulation that Lester be completely out of the funeral industry. Mr. Brane MOTIONED to accept Mr. Salazar’s offer granted the stipulation that Lester Salazar be gone from the funeral industry be met. Mr. Crow SECONDED the motion. Approved. More discussion. Mr. Crow MOTIONED to rescind the previous motion until after executive session to give Assistant Attorney General Stephen Vigil time to get information from his office. Mr. Brane SECONDED the motion. Motion PASSED by unanimous decision. Mr. Crow MOTIONED to recess the meeting to give counsel time to consult the office. Reverend Stanfield SECONDED the motion. Motion PASSED by unanimous decision.

The board recessed at 10:38 a.m. The board reconvened at 11:05 a.m.

The Attorney General’s office cannot advise Mr. Brane on a personal level. The Board can acknowledge that if a complaint does come before Mr. Brane with reference to the signing of the death certificates for Salazar and Sons, they can take it into consideration. Mr. Brane was still in agreement with assisting in resolving the issue. Mr. Crow MOTIONED to support Mr. Brane on stepping forward and acting in his own capacity to sign the death certificates. Reverend Stanfield SECONDED the motion. Mr. Brane ABSTAINED from voting. The motion PASSED.

6. PUBLIC COMMENT – There was no public comment at this time. During the discussion of Item D there was input from several people from the public addressing their input: Louis Salazar, Charles Finnegan, Larry , Bureau Chief for Bureau of Vital Records and Statistics, Liddy Misener, Herb Romero.

7. EXECUTIVE SESSION – Mr. Crow MOTIONED that the meeting of the New Mexico Board of Thanatopractice be closed while the Board enters into Executive Session to discuss licensing matters, specifically the items listed on the agenda, with the authority for closure being §10-15-1 H. Mr. Moon SECONDED the motion. The motion PASSED by unanimous decision. A roll call vote was taken:

Sam Baca, Professional Member, Chairman – Yes;

Tommy Crow, Vice Chair, Professional Member - Yes

Brad Brane, Professional Member - Yes

Charles Moon, Public Member – Yes

Reverend Clyde Stanfield, Public Member - Yes

At 11:12 a.m. the Board entered into closed session and the recorder was turned off.

Back In Open Session

The New Mexico Board of Thanatopractice entered back into open session at 1:18 p.m. Pursuant to §10-15-1 H of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed on the agenda.

8.  BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

(Items Listed on Agenda)

A. 10-10-01 – For the record Mr. Crow did not participate in the discussion of this case and exited the room. Mr. Brane MOTIONED to issue an NCA for false advertisement. Chair Baca, Reverend Stanfield, and Mr. Crow ABSTAINED from voting. Motion PASSED.

B. 10-11-02 – Mr. Crow MOTIONED to dismiss the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

C. 10-10-02 - No Action Taken. Case already closed.

D. 11-01-01 - Mr. Crow MOTIONED to dismiss and close the case. Mr. Brane SECONDED motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

E. 11-02-01 - Mr. Crow MOTIONED to dismiss and close the case. Mr. Moon SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

F. 11-03-01 - For the record, Mr. Brane did not participate in the discussion of this case and exited the room. Mr. Crow MOTIONED to file an NCA to revoke the license. Mr. Moon SECONDED the motion. Reverend Stanfield, Chair Baca, Mr. Brane ABSTAINED from voting. Motion PASSED.

G. 11-04-01 - For the record Mr. Crow did not participate in the discussion of this case and exited the room. Mr. Moon MOTIONED to dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield, Chair Baca, and Mr. Crow ABSTAINED from voting. Motion PASSED.

H. 11-05-02 - For the record, Mr. Brane did not participate in the discussion of this case and exited the room. Mr. Crow MOTIONED to file an NCA for false advertising. Mr. Moon SECONDED the motion. Reverend Stanfield, Chair Baca, and Mr. Brane ABSTAINED from voting. Motion PASSED.

I. T-11-05-03 – Mr. Crow MOTIONED dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

J. 11-05-01 – Mr. Crow MOTIONED to file an NCA. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

K. T-11-06-03 - For the record, Mr. Brane did not participate in the discussion of this case and exited the room. Mr. Crow MOTIONED to file an NCA or offer a pre-settlement agreement to surrender license. Mr. Moon SECONDED the motion. Reverend Stanfield, Chair Baca, Mr. Brane ABSTAINED from voting. Motion PASSED.

L. T-11-06-02 - For the record, Mr. Brane did not participate in the discussion of this case and exited the room. Mr. Crow MOTIONED to file an NCA for exceeding the scope of practice. Mr. Moon SECONDED the motion. Reverend Stanfield, Chair Baca, Mr. Brane ABSTAINED from voting. Motion PASSED.

M. T-11-06-01 - For the record, Mr. Brane did not participate in the discussion of this case and exited the room. Mr. Crow MOTIONED to file an NCA for unlicensed activity. Reverend Stanfield, Chair Baca, and Mr. Brane ABSTAINED from voting. Motion PASSED.

N. T-11-06-04 – Mr. Crow MOTIONED to dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

O. T-11-07-01 – Mr. Crow MOTIONED to dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

P. T-11-08-01 - Mr. Crow MOTIONED to dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

Q. T-11-08-02 - Mr. Crow MOTIONED to dismiss and close the case. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

R. T-11-08-03 – Mr. Crow MOTIONED to refer the case to the AG’s office for NCA and request that the AG’s office seek an injunction against the establishment. Mr. Brane SECONDED the motion. Reverend Stanfield and Chair Baca ABSTAINED from voting. Motion PASSED by unanimous decision.

S. 10-05-01, Berardinelli’s – The Board reviewed the hearing officer’s report and the exhibits. Mr. Crow MOTIONED to accept the findings of fact and conclusions of law in the hearing officers report and the proposed discipline from the hearing officer, which includes a fine of $500 per violation, as well as monitoring in the form of two random inspections in the next 4-6 months. Mr. Moon SECONDED the motion. Motion PASSED by unanimous decision.

T. Lester Salazar Application – Mr. Crow MOTIONED to issue an NCA to deny the application due to practicing outside the scope and past criminal activity. Mr. Brane SECONDED the motion. Motion PASSED by unanimous decision.

U. Laura Sedillo Application – Mr. Crow MOTIONED to take no action on this application. No action needed. Mr. Brane SECONDED the motion. Motion PASSED by unanimous decision.

V. Angel Valley Funeral Home - Mr. Crow MOTIONED to take no action on this application. No action needed. Mr. Brane SECONDED the motion. Motion PASSED by unanimous decision.

9.  ADMINISTRATOR’S REPORT – Ms. Gallegos mentioned to the board that a rules committee is needed in order to start working on the rules. Chair Baca appointed Mr. Brane and Reverend Stanfield to the rules committee.

10.  SCHEDULE NEXT MEETING – A date was not set at this time.

11.  ADJOURN – The regularly scheduled meeting of the Board of Thanatopractice was adjourned at 1:38 p.m.

RESPECTFULLY SUBMITTED:______

MARTHA L. GALLEGOS, BOARD ADMINISTRATOR

APPROVED BY:______

SAM BACA, CHAIRMAN

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

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