MFDA Journal - Mississippi Funeral Directors Association

MFDA Journal
Mississippi Funeral
Directors Association
May 2012
MISSISSIPPI FUNERAL DIRECTORS ASSOCIATION
106TH ANNUAL CONVENTION
JUNE 11-13, 2012
IP CASINO RESORT SPA
BILOXI, MS
MFDA Journal
2011-2012
Board of Directors
President
David Ainsworth
Memory Chapel
President Elect
Bill Chancellor
Chancellor Funeral Home
First Vice President
Beth Rosson
Waller Funeral Home
Second Vice President
Ladd Pulliam
Jones and Son Funeral Home
Secretary-Treasurer
Keith Brown
Wright and Ferguson Funeral Home
Past President
Greg Pegues
W.E. Pegues Funeral Directors
DISTRICT GOVERNORS
Northern District
Billy Curl, Lee Memorial Funeral Home
Willie Reed, Pryor Funeral Home
Central District
Sandra Chancellor, Chancellor Funeral
Home
Larry Massey, Nowell-Massey Funeral Home
A Message from The PresidentThe 2012 MFDA Convention is upon us. I hope you
are making plans to attend. The convention is at the
IP Casino Resort Spa in Biloxi.
We have two exceptional speakers planned for you.
Attorney’s at Law, Ed Rainer and Mike Daney will update us on the current legal issues in funeral service.
The exhibit floor will be open on Monday late afternoon/early evening
and Tuesday morning. Please be sure to visit with suppliers to see what
outstanding goods and services they have available for you. Please be
sure to thank the convention sponsors who make everything possible.
Once again the suppliers will have great door prizes! You got to be in it
to win it!!
After the Wednesday night Installation and Award Banquet, you will be
able to join the comedic entertainment of Comedian David Ferrell.
The MFDA Convention is a wonderful opportunity for you to network
with your fellow funeral directors and embalmers from across the state
and share ideas which will help you in operating a successful funeral
home.
Get your hotel reservations in early so you will be assured a room and
group rates. By making reservations you will assist us in assuring we
have sufficient seats in the meeting rooms and plentiful food and beverage.
The Mississippi Legislature is now in recess. Please check out the 2012
MFDA Legislative Report in this journal for more details concerning current legislation. We will have a complete report at the convention.
We look forward to seeing you in June.
Regards,
David Ainsworth, President
Southern District
Joe Hutchins, Saulters-Moore Funeral Home
(not pictured)
Kippy Lang, Bradford-O’Keefe Funeral
Homes
NFDA Policy Board Representative
A. Wendell Stringer
The 2011-2012 MFDA Board of Directors
MFDA FINAL LEGISLATIVE REPORT 2012
Super Critical Bills which PASSED:
amended.
HJR1: Joint Resolution; reapportion Mississippi House
of Representatives. The Resolution was referred to the
House Apportionment and Elections Committee. The
House adopted the Resolution by a vote of 70 to 50. The
Bill was referred to the Senate Rules Committee. The
Resolution was adopted by a vote of 36 to 14.
The Senate decline to concur and invited conference.
The Senate conferees were Senators Clarke, Jackson and
Horhn. The House conferees were Representatives Frierson, Huddleston and Broomfield. A conference report
was adopted.
HB211: Sunshine Act; created for agencies hiring attorneys. Introduced by House Speaker Philip Gunn. The
Bill was referred to the House Judiciary A Committee.
The Committee adopted a committee substitute. A point
of order was raised and the point of order-not well taken.
The amendment failed. The House passed the Bill and
sent it to the Senate. The Senate referred the Bill to the
Senate Judiciary A Committee. The Senate amended the
Bill and passed the Bill.
Super Critical Bills which DIED:
The House declined to accept the Senate amendment
and invited conference. The House conferees were Representatives Baker, Reynolds, and Lamar. The Senate
conferees were Senators Hopson, Fillingane and Flowers.
The conference report was adopted.
HB887: Preneed contracts for funeral services; revise
various provisions relating to trusts and substitute providers. Introduced by Rep. Jerry Turner. The Bill was
double referred to the House Public Health and Human
Services Committee and the House Judiciary A Committee. The Bill passed both committees. The Bill passed
the House floor and was sent to the Senate.
Due back from the Governor on May 26, 2012
SB2339: State Board of Funeral Service; extend repealer
and amend various licensing laws. Introduced by Senator Giles Ward.
The Bill was referred to the Senate
Business and Financial Institutions. The Senate Business and Financial Institutions Committee amended the
Bill. The Senate passed the Bill and sent it to the
House.
The Bill is due back from the Governor on May 18, 2012.
HB874: Cemetery law; revise provisions relating to perpetual care trust funds and encumbering cemeteries.
Introduced by Rep. Jerry Turner. The Bill was double
referred to the House Public Health and Human Services
Committee and the House Ways and Means Committee.
The Bill died in Committee.
The Bill was referred to the Senate Insurance Committee. The Bill died in Committee.
See companion bill SB2579.
HB1170: State funds; provide for transfer of funds and
delay of certain payments and provisions. Introduced by
Rep. Herb Frierson. The Bill was referred to the House
The House referred the Bill to the House Public Health Appropriations Committee. The Committee adopted a
and Human Services Committee. The House Public committee substitute. The House amended the Bill and
Health and Human Services amended the Bill. The sent it to the Senate.
House passed the Bill and sent it to the Senate to con- The Senate referred the Bill to the Senate Appropriations
cur. The Senate concurred.
Committee.
The Senate Appropriations Committee
passed
the
Bill.
The Senate floor amended the Bill.
The Governor signed the Bill on April 23, 2012.
SB2579: Preneed burial policies; shall be portable. Introduced by Senator Will Longwitz. The Bill was referred
to the Senate Insurance Committee. The Senate Insurance Committee passed the Bill and the Senate floor
passed the Bill. The Bill was sent to the House Insurance Committee
The House decline to concur and invited conference.
The House conferees were Representatives Frierson,
Huddleston and Read.
The Senate conferees were
Clarke, Brown and Hill. The Bill died in conference.
See companion bill SB2899.
HB1175: State Board of Funeral Service; extend reThe House Insurance Committee passed the Bill and the pealer and amend various licensing laws. Introduced by
House floor passed the Bill. The Bill was transmitted to Rep. Sam Mims. The Bill was referred to the House Pubthe Senate.
lic Health and Human Services Committee. The House
The Bill was approved by the Governor on March 30, Public Health and Human Services Committee amended
the Bill. The Bill passed the House floor and was sent to
2012.
the Senate.
SB2986: Appropriation; Funeral Services Board. Introduced by Senator Buck Clarke. The Bill was referred to
the Senate Appropriations Committee. The Senate Appropriations Committee passed the Bill and the Bill
passed the Senate floor. The Bill was sent to the House.
The House referred the Bill to the House Appropriations
Committee.
The House Appropriations Committee
amended the Bill. The House floor passed the Bill as
The Senate referred the Bill to the Senate Business and
Financial Institutions Committee. The Senate Business
and Financial Institutions Committee amended the Bill.
The Bill died on the Senate Calendar.
See companion bill SB2339.
2012 MFDA Convention Schedule
JUNE 11-13, 2012
IP Casino Resort Spa
Monday, June 11
Board Meetings
2:00-6:30pm
Tuesday, June 12, 2012
7:00
Registration
***Note: NFDA is giving away a FREE Convention
Registration for NFDA members and nonmembers who have NEVER attended an NFDA
International Convention & Expo...sign up at the
MFDA Registration Desk!
7:30-9:00am
Membership Breakfast
8:00-9:00am
Past-President’s Breakfast
9:00-11:30am
Current Legal Issues in
Funeral Service
Ed Rainer, Attorney at Law
Mike Daney, Attorney at Law
11:45-1:00pm
Networking Luncheon
1:152:30pm
General Membership Meeting
2:45-3:45pm
Service of Remembrance
GRAND OPENING OF DISPLAYS
( 4:00-7:00PM)
7:30-9:00pm
Welcome Reception
Wednesday, June 13
7:30-9:30am
Membership Breakfast
8:00-11:00am
Exhibit Hall Open
(door prizes - be present to win)
12:00pm
Ladies Luncheon @
Mary Mahoney’s—car pool is recommended
1:00pm
Fishing Trip on board
The Skipper—car pool is recommended
1:00pm
Golf Tournament @
Shell Landing—car pool is recommended
6:00pm
President’s Reception
7:00pm
Installation & Awards Banquet
Code:
***Included with your name badges is a
check-off list: Visit all your exhibitors
to win great door prizes during exhibit
hours on June 13th!!grMFD1807
2012 CONVENTION SPONSORS
MS FUNERAL SALES SUPPLY CLUB
ALLIED FUNERAL ASSOCATES INSURANCE COMPANY
AMBULANCE & COACH SALES
AURORA CASKET COMPANY
BASS-MOLLETT PUBLISHERS
BATESVILLE CASKET COMPANY
DIRECTOR’S SELECT RETIREMENT PLAN
DORIC BURIAL VAULT
HERITAGE MEMORIAL FUNDING
MAGNOLIA GUARANTY LIFE INSURANCE COMPANY
MATTHEWS FUNERAL HOME PRODUCTS
SUPERIOR FUNERAL & LIFE INSURANCE COMPANY
2012 CONVENTION EXHIBITORS
Allied Funeral Associates Insurance Company
Gulf Guaranty Life Insurance Company
Ambulance & Coach Sales
Heritage Memorial Funding
Ansercall
Jackson MS Wilbert Vault
Aurora Casket Company
Madison County Casket
Bass-Mollett Publishers
Matthews Funeral Home Products
Batesville Casket Company
Messenger
Contemporary Concepts
Pierce Companies
Covington Casket Company
Polyguard Vaults
Deaton-Kennedy Company
Security National Life
Director’s Select Retirement Plan
Shields Southeast Sales Inc.
Don Harrill Co. Inc.
Superior Funeral and Life Insurance Company
Doric Burial Vault
The Dodge Company
Federated Insurance Company
Unity Financial Life
FDLIC
Vantage Products
MFDA MEMBER NEWS……….
K
ippy Lang of Bradford-O'Keefe Funeral Home and
MFDA Southern District Governor was one of 50 funeral directors nationwide selected to participate in the National Funeral Directors Association’s (NFDA) Meet the Mentors program. Meet the Mentors is supported by the Funeral Service
Foundation.
Meet the Mentors, which took place March 26-27 at Emory
University in Atlanta, Ga., brought young funeral professionals together to learn from three of the country’s leading funeral directors and network with like-minded peers. During
the program, each mentor gave a presentation in which they
shared lessons they have learned about how to build a successful and fulfilling career in funeral service. After the presentations, there was a panel discussion and then the mentees broke into groups to
personally interact with each mentor.
Glenn P. Taylor of the Glenn Funeral Home in Owensboro, Ky., and Valerie J. Wages of Tom M.
Wages Funeral Services Inc. in Snellville, Ga., and Mark Musgrove of Musgrove Family Mortuary and
Cemeteries in Eugene Or. served as mentors for this program.
MFDA Journal
In Memoriam
James Earl “Jimbo” Oliver II, son of James Earl Oliver with Oliver Funeral Home of Winona, passed away
March 2012
Davis French, Funeral Director with Colonial Chapel of Magee among many others, passed away April 2012
Sperry Reaves, long time MFDA member, Funeral Director and Manager of Ripley Funeral Home passed
away May 2012
AJ Davis, sixty three year veteran of funeral service to the Holmes County area, passed away May 2012
MFDA Journal
CALENDAR OF EVENTS
2012
2012
MAY
28
MFDA Office Closed - Memorial Day
JUNE
11-13 MFDA Annual Convention, Biloxi, MS—IP Casino Resort Spa
JULY
22-25 NFDA Leadership Conference, Santa Ana Pueblo, NM
SEPT
3
MFDA Office Closed - Labor Day
OCT
7-12 NFDA International Convention & Expo
MFDA MEMBER NEWS CONTINUED……….
Doric Vaults of North Mississippi is pleased to announce expansion of their current
wholesale business to include manufacturing.
In business since 2009, Doric Vaults of North Mississippi is locally owned and operated by Funeral Service Licensee John Harris of Tupelo. John has built a team of employees with numerous years of experience and dedication to service. In addition to
exceptional service and value, Doric Vaults of North Mississippi can provide full color
photographs and emblems to personalize each vault to reflect the deceased's lifestyle
and interests. Manufacturing at the Tupelo plant is scheduled to begin this summer.
NFDA NEWS ……….
The CBS program 60 Minutes aired a story documenting the disgraceful treatment of human remains at some
cemeteries in the United States. If you did not see the story, you can view it on the CBS website.
NFDA has prepared a document, 60 Minutes Talking Points, for its members.
Official NFDA Statement
National Funeral Directors Association Statement: 60 Minutes Story on Cemetery Practices
Brookfield, Wis. – On May 20, 2012, the CBS program 60 Minutes aired a story that highlighted the disgraceful treatment of human remains at some cemeteries in the United States. The members of the National Funeral Directors Association (NFDA) extend their condolences to all those whose loved ones were not properly
cared for by a cemetery. NFDA members believe that funeral professionals have an ethical obligation to treat
each deceased person with the highest respect and dignity at all times.
The 60 Minutes story reinforces NFDA’s long-held position that the Federal Trade Commission’s (FTC) Funeral Rule, a federal consumer protection regulation that all funeral homes must abide by, should be revised
and updated so that key consumer protection elements also apply to cemeteries, crematories and all thirdparty sellers of funeral or burial goods and services. To that end, NFDA supports Rep. Bobby Rush’s (D-IL)
legislative efforts to direct the FTC to adopt regulations that would govern other providers of deathcare goods
and services.
This change is long overdue. Given a dramatically changed marketplace – with new and non-traditional sellers offering consumers many more options for purchasing funeral or burial goods or services – consumers
face risk when dealing with sellers that operate in a lightly, or even unregulated environment.
An updated Funeral Rule would bring the essence of what funeral directors do – and the high ethical and professional standards that NFDA members live by every day – to a federal level for all providers of funeral and
burial goods and services. It would provide minimum, uniform standards, regardless of state law, and, most
importantly, help protect consumers.
NFDA is the world’s leading and largest funeral service association, serving 18,500 individual members who
represent nearly 10,000 funeral homes in the United States and 43 countries around the world. NFDA is the
trusted leader, beacon for ethics and the strongest advocate for the profession. NFDA is the association of
choice because it offers funeral professionals comprehensive educational resources, tools to manage successful businesses, guidance to become pillars in their communities and the expertise to foster future generations of funeral professionals. NFDA is headquartered in Brookfield, Wis., and has an office in Washington, D.C. For more information, visit www.nfda.org.
General Questions
How can I be sure my loved one is buried where I believe them to be buried?
The vast majority of cemeteries in the United States are well-run. An ethical cemetery owner will happily
make all records pertaining to your loved one, including exact information about where he or she is buried,
available to you and escort you to the gravesite. The funeral director who served your family may also be
able to help you reach out to the cemetery so that you have peace of mind about
your loved one’s final resting place.
You should visit your loved one’s grave site at least annually. When you do, look for any changes;
however, understand that some changes in the landscape may occur from time to time. The ground may settle; the soil may be disturbed or your loved one’s marker may be moved to prevent damage when another
person is buried nearby. If you have concerns or questions, a member of the cemetery staff should be able to
help answer them.
What if you have concerns about your loved one’s grave and the cemetery has not addressed
them?
There are a number of avenues families might pursue if they feel there is an issue with their loved one’s
grave and the cemetery staff has not addressed it, such as filing a complaint with the state regulatory
agency that oversees cemeteries or a civil lawsuit. An attorney can best advise families of their options.
Are cemeteries regulated?
Cemeteries are regulated by state agencies and regulations can vary from state to state. There are presently
no federal regulations for cemeteries. Funeral homes are regulated at both the federal and state level.
Should cemeteries be more regulated?
The Funeral Rule is a federal consumer protection regulation all funeral homes must abide by. As a member
of the National Funeral Directors Association, I support my association’s long-held position that the Federal
Trade Commission’s Funeral Rule should be revised and updated so that key consumer protection elements
also apply to cemeteries, crematories and other sellers of funeral or burial goods and services.
An update to the Funeral Rule is overdue. The way consumers purchase funeral and burial goods and services has changed dramatically. There are new and non-traditional sellers that offer consumers many more
options for purchasing goods and services. Consumers face a certain amount of risk when dealing with sellers that operate in a lightly, or even unregulated environment.
Does a funeral director choose the cemetery where someone will be buried?
A funeral director does not select the cemetery where an individual is buried. If a cemetery plot is not purchased by an individual in advance, the family chooses the cemetery, purchases the plot and authorizes the
burial. A funeral director can help educate families about the cemeteries that are located in the community,
but the ultimate decision lies with the family.
How do I know who owns my cemetery?
You can learn more about who owns a cemetery by asking a member of the staff. You can also find information about cemetery ownership online.
How does a family know if a cemetery is reputable?
When choosing a cemetery, you should do your research – it’s not a decision to be taken lightly. Ask your
family, friends and co-workers which cemeteries they have used. Your local funeral director can also provide
recommendations.
Ask the sales representative at the cemetery whether they are a member of any national or local deathcare
associations. Many associations have codes of ethics that govern the actions of members and raise the bar
on professional practices.
Ask the cemetery sales representative who owns the cemetery.
Contact the agency in your state that regulates cemeteries to see whether any complaints have been made
against the cemetery or if it has been fined or sanctioned in any way. You may also wish to contact the local
chapter of the Better Business Bureau to see whether any complaints have been filed against the cemetery.
Drive around the cemetery and observe the condition of the grounds. Is the cemetery neat in appearance?
Do you notice anything that is in disrepair? Ask about the cemetery’s plans to maintain the grounds, facilities, etc., in the future. If you have questions or concerns, ask the cemetery sales representative.
Do you think it’s common for cemeteries to engage in unethical practices, such as those
mentioned during the 60 Minutes story?
Most cemeteries in this country are well-run. Choosing a cemetery is an important decision. I encourage families to do some research so that they can find a cemetery they have confidence in and that will best meet
their needs.
Is cremation a safer alternative to burial?
While what happened at Burr Oak and the other cemeteries is heartbreaking, the vast majority of cemeteries, including those in our community, are well-run.
The decision to bury or cremate your loved one is a personal choice that can be influenced by many factors
such as cost, religion and personal preference. Ultimately, the family must choose the option that is most
meaningful to them.
For Funeral Homes In The Vicinity of the Cemeteries Mentioned in the Segment
Have any individuals from funerals handled by your funeral home been buried in <Burr Oak, etc.>,
which was mentioned in the 60 Minutes segment?
You should answer this question honestly. A lack of forthrightness may come back to haunt you.
What should someone do if a loved one is buried in one of the cemeteries mentioned in this segment?
Cemetery owners should make all records pertaining to your loved one, including exact information about
where he or she is buried, available to you and escort you to the gravesite. The funeral director who served
your family may also be able to help you reach out to the cemetery so that you have peace of mind about
your loved one’s final resting place.
You should visit your loved one’s grave site at least annually. When you do, look for any changes;
however, understand that some changes in the landscape may occur from time to time. The ground may settle; the soil may be disturbed or your loved one’s marker may be moved to prevent damage when another
person is buried nearby. If you have concerns or questions, a member of the cemetery staff should be able
to help answer them.
NFDA-specific Questions
Does NFDA believe cemeteries should be more regulated?
The Funeral Rule is a federal consumer protection regulation all funeral homes must abide by. NFDA has
long-held that the Federal Trade Commission’s Funeral Rule should be revised and updated so that key
consumer protection elements also apply to cemeteries, crematories and other sellers of funeral or burial
goods and services.
An update to the Funeral Rule is overdue. The way consumers purchase funeral and burial goods and services has changed dramatically. There are new and non-traditional sellers that offer consumers many more
options for purchasing goods and services. Consumers face a certain amount of risk when dealing with sellers that operate in a lightly, or even unregulated environment.
Are any of the cemeteries mentioned in the segment members of NFDA?
Cemeteries are not permitted to be members of NFDA. Only funeral homes and licensed funeral directors may apply to be members of NFDA.
Are any cemeteries members of NFDA?
Cemeteries are not permitted to be members of NFDA. Only funeral homes and licensed funeral directors
may apply to be members of NFDA. Some NFDA-member funeral home owners also own cemeteries.
Are SCI cemeteries members of NFDA?
Cemeteries are not permitted to be members of NFDA. Only funeral homes and licensed funeral directors
may apply to be members of NFDA. Some funeral homes owned by SCI make an individual choice to join
NFDA.
How does NFDA respond when a consumer has a concern about an experience with a member funeral home?
According to NFDA’s enforced Code of Professional Conduct, something to which all members must adhere
to as a condition of membership, Association members believe they, “have an ethical obligation to serve
each family in a professional and caring manner, being respectful of their wishes
and confidences, being honest and fair in all dealings with them.”
If a consumer feels a member has in any way violated the NFDA Code of Professional Conduct they may file
a complaint. Complaints are fully investigated and every attempt is made to resolve the issue. NFDA may
also, when warranted, begin a Code of Professional Conduct investigation of a member if Association leaders become aware that a violation may have occurred.