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Law and Order: February 2009

by Astrid Fiano, DOTmed News Writer | February 18, 2009

State-New Jersey funeral directors' licenses revoked for body-parts harvesting

An investigation by the Division of Consumer Affairs Enforcement Bureau, with the assistance of the Kings County District Attorney's Office and the Food and Drug Administration revealed that Two Essex County, NJ, funeral directors were involved in a scheme to harvest tissues from corpses, without obtaining proper consent. The scheme spanned June 1, 2001 to October 31, 2005, according to the New Jersey Attorney General's website. The tissue retrieved from the bodies was then allegedly sold and used in surgical procedures.

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The alleged leader of the enterprise, Michael Mastromarino, pleaded guilty in New York to enterprise corruption, body stealing, and reckless endangerment. Mastromarino also pled to similar charges in Pennsylvania, the web site says. In New Jersey, the State Board of Mortuary Science entered recent Orders in which Stephen K. Finley and Robert J. Maitner Jr. agreed to revocation of their mortuary science licenses. Maitner's revocation on December 2, 2008 was permanent in addition to preclusion from any future involvement or ownership of the funeral director industry or funeral home business. Maitner also received six months in prison and a five year probation and paid $100,000 in settlement of a civil forfeiture claim. Finely's revocation on January 6, 2009 was with prejudice, with a permanent bar on his right to apply or re-apply for a license. Finley also has agreed to pay $40,000 in civil penalties.

"The activities engaged in by these funeral directors were abhorrent and violated common decency," Attorney General Anne Milgram said on the AG's web site. "The permanent license revocations are appropriate given their actions."

The web site also quoted David Szuchman, Consumer Affairs Director. "Our Enforcement Bureau worked tirelessly in investigating this matter and bringing the facts to the Board for its review...The evidence brought forth by our investigators built the case that ultimately resulted in the Board taking strong action against these two individuals."

State-Wyoming introduces new mental health legislation

The Wyoming legislature will be considering new legislation with funding for various mental health programs. SF 0017, supported by the Select Committee on Mental Health and Substance Abuse Services, proposes appropriations for the fiscal year July 1, 2009 to June 30, 2010 including funds for community mental health centers to contract with up to ten masters to provide early intervention services for families with preschool age children who are experiencing or are at risk of behavioral, mental or alcohol or substance abuse disorders. Other appropriations are for a treatment program each within the central, west, northeast and Basin regions to serve persons with co-occurring disorders of mental illness and alcohol or substance abuse; funding five adult acute psychiatric care programs; developing and enhancing mental health crisis stabilization services provided within the southeast, Basin central, northeast and southwest region; and to fund a supported independence program within one of the regions. Rep. Keith Gingery, R-Jackson, co-chairman of the Legislature's Select Committee on Mental Health and Substance Abuse Services forwarded a comment to DOTmed regarding the legislation: "The Wyoming Legislature created the Select Committee on Mental Health and Substance Abuse in 2005 and in the past four short years, we have been able to completely overhaul the delivery system for mental health services and substance abuse treatment. The Wyoming Legislature showed commitment to making a difference by creating the select committee and has been very supportive of the appropriations and proposals that the select committee has brought before the full legislature. The key was to create a legislative committee, rather than try another citizen committee. You need the people that have the power to be on board from the very beginning."