Montana Board of Funeral Services Report By James Brown, Esq., MFDA Executive Director On Nov. 17, 2023, the Board of Funeral Services met for the first time since February and only for the second time this year. The meeting was called to order by Chairman Jim Axelson at 10:00 AM. Chair Axelson announced that Deacan Dan McGrath was resigning from the Board. Mr. McGrath served as the Public Member of the Board. During public comment, the Montana Funeral Directors Association, by and through myself, noted its great displeasure at the lack of meetings being conducted by the Board of Funeral Service. The Association noted it worked hard to get a bill through the Legislature to ensure that the Board was fully funded to allow it to function fully. By not meeting, the Board is harming the industry and the public. The Board elected the following as its officers: Jim Axelson — Elected Chair Tyson Moore — Vice Presiding Officer Ralph Mihlfeld — Secretary/Treasurer Jim Axelson — Screening Panel Chair Jayson Watkins — Adjudication Panel Chair Governor’s Red Tape Initiative The Governor’s office held Board training in Helena recently. Chair Axelson noted he has spoken with the former legal counsel for the Board, and they have identified some areas where laws/rules can be revised/repealed. The Board indicated it will weigh in on any proposed changes by the Governor. Board member Tyson Moore asked why there is no action in relation to the implementation of SB 244. The board raised questions to the department as to how SB 244 is working in practice since it went into effect in July of 2023. Possible Repeal of Continuing Education Requirements The board undertook a discussion on whether to considering repealing or revising continuing education requirements. MFDA Board member Fred Nelson provided public comment that he opposed any repeal. Mr. Nelson reminded the Board of Funeral Service members of the recent incidents in Colorado due to lack of requirements in the state of Colorado. MFDA raised questions about how this topic has even arisen and opposed the concept generally without knowing specifics. There were various questions asked by the Board to the Department about current auditing practices and numbers. The Department stated that roughly 10 states don’t require Continuing Education (CE), but that two states don’t have a funeral board. Rick Walter noted that the funeral services profession is changing, and there is a need for persons in the industry to stay on top. Jim Axelson noted he asked this topic be discussed to ensure there was and is support for keeping the CE requirements. Jim noted that he believes CE is necessary to ensure that the funeral industry remains a profession, not a trade. Tyson Moore said that, without continuing education, there would be no need to even have a license. He suggested looking at adding certain areas of trade practice to mandatory education training. Ralph Foster raised CE requirements for those who want to go to an inactive status. The board generally felt that those who go to inactive status need to meet CE requirements in order to reactive their license. Possible Legislation for the 2025 Montana Legislative Session The board is considering pursuing legislation related to alkaline hydrolysis and better defining “disposition.” Chair Axelson feels this is an area of regulation that needs to be considered and explored. Ralph Mihlfeld feels this is an area that should be regulated by the Board and State. Jayson Watkins said other states have already started to regulate this area in terms of disposition, and the state of Montana is behind it. Susie Osborne, Board Executive Officer, reported the following as to Board finances: FY 2023 — Total Revenue is $209,700 FY 2023 — Total Expenses are $77,600 As of Oct. 26, 2023, the board’s cash balance is $528,000 The Board engaged in an extensive discussion about the large cash balance, discussing whether to authorize a fee abatement or to offer additional services. Chair Axelson noted that many licensees are concerned about the unusually high license fees in this profession. The Board noted they are aware that persons other than licensed morticians are improperly making arrangements. The board would like the Department to start enforcing the scope of practice. More information on the agenda and topics can be found on the Board of Funeral Service’s webpage located at: https://boardmeetings.dli.mt.gov/boardmeetings/fnr 22 | Directors Digest
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