COMMONWEALTH OF MASSACHUSETTS SUFFOLK COUNTY BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING

____________________________________ ) In the Matter of ) Karol Drozdal ) License No. EM-5493-3 ) Establishment Certificates 39 and 515 ) ____________________________________) Docket Nos. EM-11-023 EM-11-027 EM-11-028 EM-11-034 EM-11-035

TEMPORARY ORDER OF SUSPENSION In accordance with Massachusetts General Laws (hereinafter G.L.) Chapter 112, Section 65B, the Board of Registration in Embalming and Funeral Directing (hereinafter Board) ORDERS that: The license of Karol Drozdal (hereinafter you or Respondent) to practice as a funeral director or embalmer in the Commonwealth of Massachusetts (License No. EM-5493-3) and Establishment Certificates 39 and 515 allowing operation of funeral establishments at Drozdal Funeral Home (120 Damon Road, Northampton, Massachusetts, funeral est. cert. no. 39) and Drozdal Funeral Home (29 Elm Street, South Deerfield, Massachusetts, funeral est. cert. no. 515) and any future right to renew these licenses is SUSPENDED effective July 6, 2011: The Board has determined that the health, safety, and welfare of the public necessitates this summary suspension, based upon the following information and the attached affidavit: 1. You have engaged in the conduct set forth in Paragraphs 1 through 31 of the Order to Show Cause, attached hereto. On at least four (4) occasions you have held funeral services at your South Deerfield funeral home without a valid occupancy permit from the Town of Deerfield Inspections Department. On approximately six (6) occasions you have held funeral services at your Northampton funeral home without an individual funeral directors license issued by a municipality pursuant to the authority set forth in G.L. c. 112, 49. On or about June 6, 2011, you altered information on burial permit no. 21-11, issued to you by the Town of Hadley, and forged the signature of the Town of Hadley Town Clerk to said permit.

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On at least two (2) occasions, you held funeral services at your Northampton funeral home following your receipt of a written cease and desist order from the City of Northampton on June 9, 2011. You have failed to deposit all funds received in connection with any pre-need funeral contracts in a funeral trust account which satisfies the requirements set forth in 239 CMR 4.09 in violation of 239 CMR 4.08 (2)(a) and 4.09 (2). You have failed to bring any and all pre-need funeral contracts established prior to January 1, 2004 into compliance with the record-keeping requirements of 239 CMR 4.12. You have deposited funds acquired through the initiation of pre-need funeral contracts into your business account. You entered into pre-need funeral contracts with four (4) individuals. The funds from said contracts were allegedly placed with the Cooperative Funeral Fund, Incorporated. However, the Cooperative Funeral Fund Statement for May 2011 does not list the funds acquired through the initiation of pre-need funeral contracts with said individuals. You have violated G.L. c. 114, 49 by operating as a funeral director without a license issued by the Board of Health of a town. You have violated G.L. c. 112, 61 (1) and 84 (a) for misrepresentation or fraud in the conduct of the profession. You have violated G.L. c. 112, 84 (k) and Board regulations at 239 CMR 3.13. (25) for violating any state or municipal law or ordinance affecting the handling, custody, care, or transportation of dead human bodies. You have violated G.L. c. 112, 84 (o) for failing to secure a permit for the removal or burial of a dead human body prior to interment or disposal. You have violated G.L. c. 112, 61 (1) for gross misconduct in the practice of the profession. You have violated G.L. c. 112, 61 (5) for dishonesty, fraud, or deceit which is reasonably related to the practice of the profession. You have violated 239 CMR 4.08 (1) for using or pledging any funds which are received in connection with any pre-need funeral contract for your personal use, payment of the operating expenses of any funeral establishment, issuance of a loan to any person, as collateral for any loan, or for any purpose other than those expressly authorized by that pre-need funeral contract and 239 CMR 4.00.

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You have violated 239 CMR 4.08 (2)(a) and 4.09 (2) for failing to deposit all funds received in connection with any pre-need funeral contract in a funeral trust account which satisfies the requirements set forth in 239 CMR 4.09. You have violated 239 CMR 4.14 for failing to bring any and all pre-need funeral contracts established prior to January 1, 2004 into compliance with the recordkeeping requirements of 239 CMR 4.12

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Pursuant to G.L. c. 112, 65B, a hearing on the necessity of this summary suspension by the Board will be heard within ten (10) days of the date of this Temporary Order of suspension.

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

______________________________ Kim Scully Associate Executive Director

Date: July 6, 2011 Attachment (s)