HomeMy WebLinkAbout2015 06-15 Maplewood morturary ordered to stop preparing bodies for burial STAR TRIBUNE Maplewood mortuary ordered to stop
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June 15, 2015
In more than 40 years as a funeral direcror,E,Peter Vasey estimates he has prepared 5,000 bodies for burial or cremation.His work the past
several weeks,however,has been limited to remodeling and cleaning.That's because the Minnesota Department of Public Healtt�in An
extremely rare move,last month ordered Vasey to stop his mortuuy work at Maple Oaks-Phalen Park Funeral Home in Maplewood because
of unsanitary conditions and a fear that they were getting worse—in one inspection,health inspectors said they found severai decomposing
bodies in the embalming room.
The May I S order stipulates that Vasey cannot transport bodies to Ihe funeral home,prepare them for a fuceral or conduct fuoerais.
IYs unclear whether the state's action is unprecedented.But it does appear to be uncommoq according to the health depanment,where
staffers dodt recall it happening in recent years.
Darlyne Erickson,exewtive director of the Minnesota Funeral Direcmrs Associatioq said she knows of no funeral home being forced to stop
work because of how it srores or prepares bodies.
"The majority of funeral homes have what is required by the Department of Health,"she said`But there may be some who dodt meet[he
requirements."
The Health Department website only shows disciplinary actions against mortuaries dating to luly 2014.None of the 17 cases listed cite
unsanitary conditions in the prep room or call into question the condition of bodies being prepared for funeral.
I�recent interviews,a cleady frustrated Vasey and his anomey said Maple Oaks should never have been cited,and that Ihe state overreacted.
They said inspectors diddt understand that some of the bodies Vasey was preparing for Hinong funerals—which can take more time to hold
and complete than traditional Western funerals,leading to a backlog of bodies—were dehydrated,and not decomposing.
"All we were trying to do is honor their traditions,°Vasey said about bodies he was preparing for another funeral home.He added that siz
funerals for which he was preparing bodies had been put on hold because of the state's action.
The future of Maple Oaks is unclear.Vasey has appealed the order,a�d is entided to an independent administrative hearing said Scott Smith,
a Department of Health spokesman.Once that is held,an administrative hearing judge forwards a recommendation to the state health
commissioner,who issues an order.If Vasey found that to be uofavorable,he could appeal to the state Court of Appeals.
As of last week,it appeared that no administrative hearing date had been set Meanwhile,department off�cials ue saying little.
"MapleOaks is stiil an open case,we cannot discuss it at this time,"Smith said in an e-maiL"We have to wait until all appeals are completed
and all issues are resolved"
Conditions worsened
The funeral home's problems were dowmented by Administrative Law Judge Scephen Swanson in a June I recommendation to the stace
health commissioner. .
Swanson wrote that inspectors found"extremely unciean and unsanitary co�ditions in the receiving and embalming rooms,and the presence
of several dead human bodies in varying siates of decomposition°
The docwnent indicates that Maple Oaks'troubles began after an investigator issued an Administrative Penalty Order(APO)to the home
March 19 citing the alleged conditions and"missing certificates of removal and preparation,and embalming records."
The funeral home was required to take corrective action and pay a°forgivable"penalry of 55�,000 and a non-forgivable penalty of$15,OOQ
according to inspectors'affidavits and Swansod s recommendation.But it did not correct the problems or pay the penalties,aceording ro the
attidavits.Two follow-up inspections found that`bonditions in the preparation and embalming rooms had worsened,"Swanson wrote.
On May I5,the Heaith Department issued a cease-and-desist order,which Swanson has recommended be sustained."Such conditions,°he
wrote".--present a direct and present threat to the well-being of the members of the public who have entrusted the final dispos�tion oFthe
bodies of their deceased loved ones to the funeral establishment."
But Michael D.Sharkey,Maple Oaks'attomey and a licensed funeral director himself who specializes in mortuary cases,accused Ihe Health
Department of"hyperbole"and overreaction.He said the bodies inspecrors found were not decomposing,but were merely dehydrateA"in
e�tremities."
"Even with appropriate embalming you will have some,"he said"But they jumped to a wnclusion and we completely and totally disagree
with thaL°
At the time of the inspections,Maple Oaks was doing prep work for a funeral home that performs Hmong funerals.Those funerals can take
several days ro complete,Sharkey said,meaning that other bodies awaiting a funeral would be held longer than usual.In that t�me,Sharkey
said,bodies can show signs of dehydration,an issue that would be addressed before the funeral.
"How a body looks in a prep room is not how a body looks when it is laid out for public view,°he said.
Preparing for sale
Chu Wq who runs the Koob Moo Funeral Chapel in St Paul,said that in the past,traditional Hmong funerals could take several days Today,
however,most take onty a day or two,he said.
Still,other factors could lead ro bodies being kept longer. .
Wu said Hmong funeral homes hold only one funeral in a building at a time—and only one body on the premises.Some publicahons
detailing Hmong funeral practices attribute that to families not wanting"multiple spirits of the dead°in a building.Wu said iCs"because of
respect for that person and the family and to make sure people go to the funeral of the right person.°
In either case,however,it can lead to bodies being held for long periods of time at another facility before the funeral.
Vasey and his attomey,meanwhile,insist that Maple Oaks has done what the state required to reopen and resume business.That said,iY s not
clear what will happen next. ,
One morning last week,Vasey was at the funeral home cleaning up and remodeling m preparation for a sale of the funeral home.A luge
dumpster was out back,a large bag bulging with papers was on the embalming room floor.SurFaces throughout the body prep area were clean
or freshiy painted.
"The simatwn has been remedied,"Vasey said."I dodt understand why they're doing Ihis.They're bankrupting us is what Ihey're doing"
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