Elite Funeral Home LLC - (Funeral Establishment)
11525 Blue Ridge Blvd
Doing Business As : Elite Funeral Chapel
Kansas City, MO 64134
License# : 2013030330 - Issued on : 8/15/2013
| Licensee Name: | Elite Funeral Home LLC |
| Profession Name: | Funeral Establishment |
| Address: | 11525 Blue Ridge Blvd |
| Address Con't: | |
| City, State Zip: | Kansas City, MO 64134 |
| County: | Jackson |
| Practitioner DBA Name: | Elite Funeral Chapel |
| Certification Type: | |
| Classification: | Care and Preparation Only |
| Licensee Number: | 2013030330 |
| Expiration Date: | 12/31/2015 |
| Original Issue Date: | 8/15/2013 |
| Discipline: | Probation |
| Start Date: | 10/15/2014 |
| End Date: | 10/14/2015 |
| Conditions: | Joint Stipulation of Facts and Conclusions of Law The parties agree and stipulate to the following findings of fact and conclusions of law: Parties and Licenses The Board is an agency of the State of Missouri created and established pursuant to Section 333.151, RSMo, and vested with the authority to execute and enforce the provisions of Chapter 333 and portions of Chapter 436, RSMo. Elite Funeral is a Missouri limited liability company in good standing and has registered its address with the Board as 11525 Blue Ridge Blvd, Kansas City, Missouri 64134. Elite Funeral holds funeral establishment license number 2013030330 that is current and active, but subject to probation. Elite Funeral holds provider license number 2013030331 that is current and active, but subject to probation. Elite Funeral registered Malcolm D. Morris as its funeral director in charge. Malcolm D. Morris holds funeral director license number 00637 that was current and active at all times relevant to this Probation Violation Complaint except for when it lapsed, due to non-renewal, from May 31, 2014 until July 7, 2014. Order of Probation and Terms and Conditions of Probation The Board issued Elite Funeral its "Order Issuing Probated Licenses to Elite Funeral Home, LLC" on August 15, 2013 (the "License Probation Order"). The License Probation Order issued Elite Funeral an establishment license and a provider license, both on probation. Included with the License Probation Order was a letter explaining the conditions of probation and the licenses issued. The License Probation Order placed Elite Funeral's funeral establishment and provider licenses on probation for a period of one year, subject to certain terms and conditions of probation set forth in paragraph 23 of the License Probation Order. The License Probation Order, in paragraph 23, listed conditions of probation including: b. Licensee shall comply with all applicable provisions of Chapters 194, 333, and 436, RSMo, all Board regulations and all federal, state and local laws and regulations related to business operations in the funeral and death care industry; c. Licensee shall engage in no conduct that would give the Board cause to seek authority to discipline from the Administrative Hearing Commission as set forth in Section 333.330, RSMo; f. Licensee shall renew timely all licenses and/or registrations, shall pay timely all fees required for licensure/registration and shall meet all other requirements necessary to maintain all licenses and registrations issued by the Board current and active; and... Conduct Constituting Probation Violations On December 31, 2013, the funeral establishment license issued to Elite Funeral lapsed because Elite Funeral failed to renew the license. By letter dated January 10, 2014, the Board notified Malcolm D. Morris, as funeral director in charge of Elite Funeral, that Elite Funeral's funeral establishment had lapsed and enclosed the forms necessary to request reinstatement of the license. On January 21, 2014, the Board received the Reinstatement submitted by Elite Funeral and signed by Brenda Ferguson, Comptroller, dated January 15, 2014. Elite Funeral met all requirements for reinstatement on January 24, 2014. The Board reinstated Elite Funeral's funeral establishment license on January 24, 2014. The Board requested Elite Funeral to provide copies of documents showing whether Elite Funeral had engaged in the practice of a funeral establishment for the period when it was not so licensed. By fax received January 27 by the Board, Elite Funeral provided records showing that it had practiced as a funeral establishment during the time it was not so licensed. Elite Funeral was open for business during the time it was not licensed as a funeral establishment and between January 1, 2014 and January 24, 2014, the date of reinstatement, provided 4 funeral services. As of May 31, 2014, Malcolm D. Morris' funeral director lapsed due to failure to renew. The Board reinstated the funeral director license of Malcolm D. Morris on July 7, 2014 From May 31, 2014 and until July 7, 2014, Elite Funeral had no registered funeral director in charge. By letter dated June 27, 2014, the Board notified Elite Funeral that the license of its funeral director in charge had lapsed and requested that Elite Funeral immediately notify the Board of who would be serving as funeral director in charge of the establishment. Elite Funeral did not respond to the June 27, 2014 letter of the board. Procedural History On July 2, 2014, the Board filed its Probation Violation Complaint alleging that Elite Funeral had violated the conditions of discipline as set forth in this Settlement Agreement. The Board set the Probation Violation Complaint for hearing on August 11, 2014. Elite Funeral was properly served with notice of the time, date and location of the hearing on the Probation Violation Complaint. Malcolm Morris appeared for the hearing on the Probation Violation Complaint. In lieu of proceeding with formal hearing, the Board and Malcolm Morris, on behalf of Elite Funeral, agreed to resolution of the probation violation by settlement agreement. Upon the effective date of this Settlement Agreement, the Board will enter its an order dismissing the Probation Violation Complaint. Cause to Discipline Elite Funeral violated the conditions of its probation set forth in paragraph 23.b, c, and f. of the License Probation Order by continuing to operate as a funeral establishment when it held no current license. Elite Funeral violated the conditions of its probation as set forth in paragraphs 23.b. and c. of the License Probation Order by operating without a licensed funeral director in charge registered with the Board and failing to notify the board of a change in the funeral director in charge within 30 days of the date of the change. The Board has cause to impose additional discipline upon Elite Funeral's funeral establishment and provider licenses because Elite Funeral failed to comply with the conditions of its probation. |
| Discipline: | Issued Probated License |
| Start Date: | 8/15/2013 |
| End Date: | 8/14/2014 |
| Conditions: | Issued funeral establishment and preneed provider licenses subject to 1 year probation. The Board is an agency of the State of Missouri created and established pursuant to Section 333.151, RSMo, and vested with the authority to execute and enforcing the provisions of Chapter 333 and portions of Chapter 436, RSMo. Elite Funeral Home, LLC is a Missouri limited liability company that has registered its address with the Board as 1333 NE Barry Road, Kansas City, Missouri 64155. Elite Funeral Home, LLC was created on September 30, 2010. Elite Funeral Home, LLC registered with the Missouri Secretary of State and with the Board the fictitious name of "Elite Funeral Chapel." Elite Funeral Chapel, LLC submitted its "Application for Funeral Establishment License" to the Board that Malcolm Morris signed before a notary public on March 1, 2013 (the "Establishment Application"). Malcolm Morris is the Director of Elite Funeral Chapel, LLC. Elite Funeral Chapel, LLC has registered Malcolm Morris as its funeral director in charge. The Establishment Application became final on March 28, 2013. Elite Funeral Chapel, LLC submitted its "Provider Application" to the Board that Malcolm Morris signed before a notary public on March 1, 2013 (the "Provider Application"). The Provider Application became final on April 2, 2013. The Board granted two extensions to consider the Establishment Application. Prior to seeking licensure as Elite Funeral Home, LLC, a funeral establishment operated at the same location with a license held by Malcolm Morris, d/b/a Elite Funeral Chapel. On October 31, 2012, the provider license held by Malcolm Morris d/b/a Elite Funeral Chapel lapsed. When the prior licensee sought reinstatement, the Board discovered that Elite Funeral Chapel was being operated by Elite Funeral Chapel, LLC and not by Malcolm Morris d/b/a Elite Funeral Chapel. Malcolm Morris d/b/a Elite Funeral Chapel provided the Board with its "Notification of Intent to Sell Assets or Cease Doing Business (Provider)" signed by Malcolm Morris on February 20, 2013. Elite Funeral Chapel, LLC, agreed to assume responsibility as provider for all contracts of Malcolm Morris d/b/a Elite Funeral Chapel as evidenced by the affidavit filed with the Board that Malcolm Morris signed before a notary public on February 19, 2013. |
| Discipline: | Issued Probated License |
| Start Date: | 8/15/2013 |
| End Date: | 8/14/2014 |
| Conditions: | Issued funeral establishment and preneed provider licenses subject to 1 year probation. The Board is an agency of the State of Missouri created and established pursuant to Section 333.151, RSMo, and vested with the authority to execute and enforcing the provisions of Chapter 333 and portions of Chapter 436, RSMo. Elite Funeral Home, LLC is a Missouri limited liability company that has registered its address with the Board as 1333 NE Barry Road, Kansas City, Missouri 64155. Elite Funeral Home, LLC was created on September 30, 2010. Elite Funeral Home, LLC registered with the Missouri Secretary of State and with the Board the fictitious name of "Elite Funeral Chapel." Elite Funeral Chapel, LLC submitted its "Application for Funeral Establishment License" to the Board that Malcolm Morris signed before a notary public on March 1, 2013 (the "Establishment Application"). Malcolm Morris is the Director of Elite Funeral Chapel, LLC. Elite Funeral Chapel, LLC has registered Malcolm Morris as its funeral director in charge. The Establishment Application became final on March 28, 2013. Elite Funeral Chapel, LLC submitted its "Provider Application" to the Board that Malcolm Morris signed before a notary public on March 1, 2013 (the "Provider Application"). The Provider Application became final on April 2, 2013. The Board granted two extensions to consider the Establishment Application. Prior to seeking licensure as Elite Funeral Home, LLC, a funeral establishment operated at the same location with a license held by Malcolm Morris, d/b/a Elite Funeral Chapel. On October 31, 2012, the provider license held by Malcolm Morris d/b/a Elite Funeral Chapel lapsed. When the prior licensee sought reinstatement, the Board discovered that Elite Funeral Chapel was being operated by Elite Funeral Chapel, LLC and not by Malcolm Morris d/b/a Elite Funeral Chapel. Malcolm Morris d/b/a Elite Funeral Chapel provided the Board with its "Notification of Intent to Sell Assets or Cease Doing Business (Provider)" signed by Malcolm Morris on February 20, 2013. Elite Funeral Chapel, LLC, agreed to assume responsibility as provider for all contracts of Malcolm Morris d/b/a Elite Funeral Chapel as evidenced by the affidavit filed with the Board that Malcolm Morris signed before a notary public on February 19, 2013. |
Copies of documents relating to disciplinary actions taken by the board from July 1, 2006 to present may be accessed on the board's website at http://pr.mo.gov/embalmers-discipline.asp.
For specifics relating to disciplinary actions taken by the board prior to July 1, 2006, please contact the board office.
