Online News Vol. 1, Issue 3

Georgia State Board of Funeral Service
237 Coliseum Drive
Macon, Georgia 31217
(478) 207-2440 phone
(866) 888-8026 fax
www.sos.ga.gov/plb/funeral


Update from the Director of the Professional Licensing Boards:
PLB is working diligently to become one of the most technologically advanced licensing agencies in the country.  Throughout this year we have continued to review our business processes and implement technology to increase our performance levels and customer service for our licensees and the general public.

This quarter we have continued to make improvements to the licensure process by implementing the first online applications.  We currently have online applications available for 23 license types with plans to add more throughout the remainder of the year.  There are many advantages to online applications, including ensured completion, decreased paper use, a higher degree of accuracy, and a faster application process. You can visit our website at www.sos.ga.gov/plb to see a complete list of online applications.

Finally, during the third quarter we made significant progress in the outsourcing of the PLB Examination section.  Outsourcing the exam function of PLB allows us to offer more testing locations for some license types, more testing opportunities and overall budget savings for the State of Georgia.  More information will be available in the coming weeks as all outsourcing contracts are finalized.

PLB is committed to continually seeking and implementing initiatives to enable us to provide you with the best service possible.  We look forward to the opportunity to assist you in the very near future.


Regards,
Randy Vaughn
Director of the Professional Licensing Boards


The Georgia State Board of Funeral Service consists of seven members: six licensed and practicing funeral directors and embalmers and one consumer member. Typically, the Board meets twelve times each year. Board meetings are open to the public, with the exception of executive session, in which confidential matters such as complaints, disciplinary items, and applications are discussed.

The Board is authorized to prescribe a standard of proficiency as to the qualifications and fitness of embalmers and funeral directors, to revoke or suspend licenses for any violation of this law, to adopt rules and regulations and to set standards of sanitation to be observed in the embalming or cremation of dead human bodies. Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing or operating a funeral establishment must first meet the requirements of the law and rules and be licensed by the Board.

Minutes from the Board meetings can be found on the Board’s website: www.sos.ga.gov/plb/funeral

Board Members:

Linda Ware, Chairman
Lauren McDonald, Vice-Chairman
David Roach
Thelon Hamby
Terry Daviston
Draper Watson
Nancy Kennedy, Consumer

Board Staff:

Steve Lindsey
Executive Director
Georgia State Board of Funeral Service

2009 Meetings:

October 14, 2009 at 10:00 a.m.
November 10, 2009 at 10:00 a.m.
December 8, 2009 at 10:00 a.m.
The Board meets at the Professional Licensing Board office in Macon.

Number of Active Licensees:

Funeral Establishment: 686
Funeral Director: 1,984
Embalmer: 1,770
Funeral Service Apprentice: 525
Crematory: 74

Actions Taken by the Georgia State Board of Funeral Service

July: The Board voted to accept a consent order from the following applicant for licensure reinstatement: 
• Algin Merritt (Funeral Director and Embalmer), Colquitt: Three years probation.

The Board approved the following orders to accept fine money for inspection violations:
• Warren Brothers Mortuary, Sparta: Fined $100 for failure to have a card or brochure in each casket stating pricing information and failure to screen all outside openings where left open for ventilation.
• R.L. Jones & Son’s, Brunswick: Fined $50 for failure to contain instruments and supplies for the separation and embalming of dead bodies in each embalming room, specifically a permanently installed back flow preventer for the hydro aspirator.
• Garrer Funeral Home, Louisville: Fined $300 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Ponders Funeral Home Calhoun Chapel, Inc., Calhoun: Fined $800 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Moore Funeral Home, Harlem: Fined $500 because inspectors were unable to inspect the embalming room.
• Oconee Chapel Funeral Directors, Athens: Fined $50 for failure to contain in each embalming room instruments and supplies for the separation and embalming of dead bodies, specifically 24 bottles of arterial fluid and 24 bottles cavity fluid.
• Chance & Hydrick Funeral Directors, Augusta: Fined $700 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Norris W Gunby, Sr. Funeral Home, Lincolnton: Fined $100 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
 
August: The Board voted to approve 13 applications for funeral apprentice licenses, five applications for funeral director licenses, five applications for embalmer licenses, one application for funeral establishment license and one application for a crematory license. The Board also voted to approve five changes to funeral director in full and continuous charge.

The Board accepted a voluntary surrender from the following funeral director and embalmer licensee: 
• Phillip S. Martin, II, Clayton

The Board voted to approve requests from the following establishments for grace periods to replace the facilities’ funeral director in full and continuous charge:
• Ronnie L Stewart Family Funeral Home, Glenwood
• Brannen-Kennedy Funeral Home, Reidsville
• Hanley Shelton Funeral Home, Marietta

The Board approved the following orders to accept fine money for inspection violations:

• McKinney-Neal Mortuary, Inc., Elberton: Fined $600 for failure to maintain the sanitary and clean condition of each embalming room, including all instruments and tables; use of the embalming room for purposes other than the embalming of dead human bodies; and failure to screen all outside openings where left open for ventilation.
• Smith-Albritten Funeral Home, Cuthbert: Fined $300 for failure to maintain one operable motor hearse and failure to maintain a state of clean, sound, safe, and acceptable repair and condition of the establishment at all times.
• Warren Brothers Mortuary, Sparta: Fined $250 for failure to have a card or brochure in each casket stating the price of the casket and failure to screen all outside openings where left open for ventilation.
• Norrington Funeral Home, Greensboro: Fined $100 for failure to maintain one operable motor hearse.
• Young Funeral Home, Atlanta: Fined $200 for failure to maintain a minimum of 8 adult caskets within the display room on the premises of the establishment. 
• G L Haynes Funeral Home, Warrenton: Fined $100 for failure to contain in each embalming room instruments and supplies for the separation and embalming of dead bodies.
• Leonards Funeral Home, Talbotton: Fined $100 for failure to maintain a minimum of 8 adult caskets within the display room on the premises of the establishment.
• SouthEast DeathCare & Cremation Services, Rincon: Fined $50 for failure to contain in each embalming room instruments and supplies for the separation and embalming of dead bodies.

The Board voted to approve the following courses for continuing education:
• Georgia Funeral Directors Association (GFDA): 2009 District Meeting
• International Cemetery, Cremation and Funeral Association (ICCFA): ICCFA – Fall Management Conference: Preferred Funeral Directors
• National Funeral Directors Association (NFDA): Preventing OSHA Violations in Your Funeral Home
• The Dodge Institute for Advanced Mortuary Studies (DIAMS): Embalming – The Challenges & the Rewards (Scottsdale, AZ, September 23 & 24, 2009)
• The Dodge Institute for Advanced Mortuary Studies (DIAMS): Dodge Seminar
• The Dodge Institute for Advanced Mortuary Studies (DIAMS): Embalming – The Challenges & the Rewards (Toronto, Canada, November 18 & 19, 2009)

The Board voted to authorize Vice Chair Lauren McDonald of Cumming, GA and David Roach of Powder Springs, GA to act as its representatives when meeting with agency officials to discuss concerns with the proposed process and procedural changes for filing Georgia death certificates.

September: The Board voted to approve five applications for licensure of new funeral establishment, one application for licensure of a new crematory, one application for reinstatement as a funeral establishment, one application to change the name of a funeral establishment, eight changes to funeral director in full and continuous charge, eight applications for licensure as a funeral director, eight applications for licensure as an embalmer and 11 applications for licensure as a funeral apprentice.

The Board voted to approve requests from the following establishments for grace periods to replace the facilities’ Funeral Director in Full and Continuous Charge:
• Williams Funeral Home, Augusta
• Robert L. Parks Funeral Home, Cedartown
• Community Funeral Home, Zebulon

The Board voted to approve orders to accept fine money for inspection violations against the following establishments:
• Pollard Funeral Home, Atlanta: Fined $50 for failure to equip embalming room with a separate sink for the disinfecting of hands and instruments; and failure to have a card or brochure in each casket stating the price of the casket.
• Heritage Memorial Funeral Home, Cairo: Fined $300 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Donehoo-Lewis Funeral Home, Inc., Hapeville: Fined $200 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Wright and Jones Funeral Home, Lincolnton: Fined $450 for failure to equip embalming room with a separate sink for the disinfecting of hands and instruments; failure to have a card or brochure in each casket stating the price of the casket; and failure to maintain a state of clean, sound, safe, and acceptable repair and condition of the establishment at all times.
• Jackson Funeral Home, Monroe: Fined $100 for failure to maintain an operable hearse.
• Young Funeral Home, Monroe: Fined $100 for failure to maintain a minimum of eight adult caskets within the display room on the premises of the establishment.
• Smith Funeral Home, LLC, Richland: Fined $50 for failure to conspicuously display a current biennial renewal license for the establishment, embalmer, funeral director and any apprentices.
• Frank & Solomon Nixon Funeral Home, Tifton: Fined $50 for failure to equip embalming room with a separate sink for the disinfecting of hands and instruments.
• Lowndes and McLane Funeral Home, Tucker: Fined $50 for failure to contain in each embalming room instruments and supplies for the separation and embalming of dead bodies.

The Board voted to approve one continuing education course provided by the Academy of Professional Funeral Service Practice, Inc.; one course provided by FuneralReview.com; and 40 courses provided by National Funeral Directors Association – NFDA International Convention & Expo Workshops.

The Board voted to post amendments to the following rules:
• Rule 250-1-.04, Restrictions on Board Members’ Activities: Clarifies “ownership” and “management interest” for the purposes of board member participation in deliberation and decisions on applications presented for Board consideration.
• Rule 250-4-.04, Fees and Renewal: Eliminates language regarding applicants paying a reduced fee when initial apprenticeship registration is granted in the last year of a licensing cycle and clarifies that apprentices may not work if their registration is not renewed by the expiration date, and apprenticeship hours will not be credited for apprentices whose licenses are not renewed by the expiration date.
• Rule 250-5-.06, Licensure by Endorsement: Funeral Director: Adds provisions whereby an applicant for licensure as a funeral director by endorsement may qualify by acquired experience as a licensed funeral director in another state.
• Rule 250-5-.11, Inactive Status: Moves the rule in its entirety from Section 250-6 Funeral Establishment/Crematory Licensure and Regulations, where it is currently listed as Rule 250-6-.04.
• Rule 250-5-.12, Continuing Education Requirements. Amended: Moves the rule in its entirety from Section 250-6 Funeral Establishment/Crematory Licensure and Regulations, where it is currently listed as Rule 250-6-.03.
• Rule 250-6-.02, Changes of Status which Must Be Reported: Provides that notification of a change of ownership must be signed and notarized by both the seller and the purchaser; provides for representatives of ownership to meet with the Board in the event that ownership cannot attend a meeting to appoint a new Funeral Director in Full & Continuous Charge; and provide that the Board may waive the appearance if the proposed Funeral Director in Full & Continuous Charge has an ownership interest in the establishment.
• Rule 250-6-.03, Continuing Education Requirements. Amended: Deletes the rule in its entirety. The provisions of the rule are being posted as Rule 250-5-.12, in order to place the rule in a more proper section.
• Rule 250-6-.04, Inactive Status: Deletes the rule in its entirety. The provisions of the rule are being posted as Rule 250-5-.11, in order to place the rule in a more proper section.
• Rule 250-6-.06, Funeral Establishment Inspections; Fines: The proposed rule amendments update the language in sub-paragraph (2)(g) in order to bring the rule into compliance with the Board’s law.
• Rule 250-6-.09, Responsibilities of the Funeral Director in Full and Continuous Charge: Establishes a new rule detailing the responsibilities of the Funeral Director in Full & Continuous Charge of a funeral establishment or crematory.

License Renewals:

Licenses expire as follows:
Crematory – June 30 of odd numbered years
Embalmer – March 31 of even numbered years
Funeral Director – March 31 of even numbered years
Funeral Establishment – June 30 of odd numbered years
Funeral Apprentice – March 31 of even numbered years

It is illegal to work as an apprentice, embalmer or funeral director or to operate a crematory or funeral establishment with an expired license.

How do I renew my license? 

You may renew your license on the Professional Licensing Board website with a credit card. Click on the “License Renewal” icon and follow the instructions. You will be asked a series of questions including whether you have been convicted or received a board sanction since your last renewal, whether you have completed your continuing education requirements, and whether you are a U.S. citizen. Renewing your license via the website is the fastest way to renew your license.

The Professional Licensing Boards do not mail paper renewals unless requested. A paper renewal form may be requested by the licensee by calling the Board office at 478-207-2440, or submitting a written request. Licensees may also call our automated system at 404-463-1100 and request a paper renewal form using their personal identification number included in their renewal notice.

Disciplinary Issues:

The board addresses these issues on a case-by-case basis, the Board takes these matters very seriously and applies sanctions to those who violate the Georgia State Board of Funeral Service Practice Act, Board rules, and policies. It is important that licensees review all laws, rules and policies that affect their profession. These may be found on the Board’s website at www.sos.ga.gov/plb/funeral.

All public disciplinary actions will be reflected in the Board minutes which may be found on the Georgia State Board of Funeral Service website.

Grounds for denial, suspension, revocation of a license, or other disciplinary actions may be found at O.C.G.A. § 43-18-46 or at O.C.G.A. § 43-1-19, which can be found on the Georgia State Board of Funeral Service website.

Georgia State Board of Funeral Service Complaints Process Information:

The Georgia General Assembly created the Georgia State Board of Funeral Service to regulate the licensing and practice of funeral services. The responsibility of administering the laws in O.C.G.A. § 43-18 is given to the Board, whose members are appointed by the Governor. The Board determines if applicants meet licensure requirements, promulgates rules, and considers complaints against licensees and allegations of unlicensed practice. The process for disposing of complaints is as follows:

Complaint Form:

Complaints must be reported to and received by the Board in writing. Written complaints may be submitted to the Board office or on-line at http://sos.georgia.gov/myverification/submitcomplaint.aspx. Documents received in connection with a complaint will not be returned. The complaint must contain sufficient factual evidence indicating a clear violation of Georgia law or Board rules.

Investigations:

The Board gives serious consideration to all complaints. Further investigative action may be taken. Should you file a complaint, you may be contacted by a Board inspector or investigator for additional information. Investigative files are considered confidential for any purpose other than a hearing before the Board. However, the Board is authorized to release such records to another enforcement agency or lawful licensing authority.

Notification Process:

While the investigation is ongoing, the Board is unable to discuss the status of a complaint with anyone, including the complainant. When the Board has completed the case, the complainant will be notified in writing of the Board’s actions. All public disciplinary actions will be reflected in the Board minutes which may be found on the Board’s website.

Frequently Asked Questions:

A list of frequently asked questions may be found on the Board’s website. If you cannot find an answer to your question, you may contact the Board office at (478) 207-2440.