2013 Indiana Code TITLE 16. HEALTH ARTICLE 37. VITAL STATISTICS CHAPTER 3. CERTIFICATES OF DEATH AND STILLBIRTH; BURIAL PERMITS
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IC 16-37-3
Chapter 3. Certificates of Death and Stillbirth; Burial Permits
IC 16-37-3-1
"Dead body" defined
Sec. 1. As used in this chapter, "dead body" means a lifeless
human body or parts or bones of the human body from the condition
of which it reasonably may be concluded that death recently
occurred.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-2
"Person in charge of interment" defined
Sec. 2. As used in this chapter, "person in charge of interment"
means a person who places or causes to be placed a stillborn child or
dead body or the ashes, after cremation, in a grave, vault, urn, or
other receptacle, or otherwise disposes of the body or ashes.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-3
Certificate of death or stillbirth; filing
Sec. 3. (a) The physician last in attendance upon the deceased or
the person in charge of interment shall file a certificate of death or of
stillbirth with the local health officer of the jurisdiction in which the
death or stillbirth occurred. The local health officer shall retain a
copy of the certificate of death.
(b) Notwithstanding subsection (a), beginning January 1, 2011,
for a death occurring after December 31, 2010, the physician last in
attendance upon the deceased or the person in charge of interment
shall use the Indiana death registration system established under
IC 16-37-1-3.1 to file a certificate of death with the local health
officer of the jurisdiction in which the death occurred.
As added by P.L.2-1993, SEC.20. Amended by P.L.61-2009, SEC.8;
P.L.156-2011, SEC.35; P.L.122-2012, SEC.3.
IC 16-37-3-4
Securing personal data for certificates
Sec. 4. The physician last in attendance upon the deceased or the
person in charge of interment shall secure the personal data required
by the state department by rules adopted under IC 4-22-2 for
preparation of the certificate of death or of stillbirth from the persons
best qualified to give the information.
As added by P.L.2-1993, SEC.20. Amended by P.L.156-2011,
SEC.36.
IC 16-37-3-5
Presentation of certificate of death; electronically providing
certificate; certification
Sec. 5. (a) If the person in charge of interment initiates the
process, the person in charge of interment shall present a certificate
of death to the physician last in attendance upon the deceased, who
shall certify the cause of death upon the certificate of death or of
stillbirth.
(b) Notwithstanding subsection (a), beginning January 1, 2011,
for a death occurring after December 31, 2010, using the Indiana
death registration system established under IC 16-37-1-3.1, if the
person in charge of interment initiates the process, the person in
charge of interment shall electronically provide a certificate of death
to the physician last in attendance upon the deceased. The physician
last in attendance upon the deceased shall electronically certify to the
local health department the cause of death on the certificate of death,
using the Indiana death registration system.
As added by P.L.2-1993, SEC.20. Amended by P.L.61-2009, SEC.9;
P.L.156-2011, SEC.37; P.L.122-2012, SEC.4.
IC 16-37-3-6
Cause of death; certification by local health officer
Sec. 6. (a) If:
(1) a death or stillbirth occurred without medical attendance; or
(2) the physician last in attendance is physically or mentally
unable to sign the certificate of death or stillbirth;
the local health officer shall inquire into the cause of death from
anyone having knowledge of the facts regarding the cause of death.
(b) The local health officer may issue a subpoena to obtain
information and to employ a qualified pathologist to perform an
autopsy when, in the judgment of the local health officer, those
procedures are required to complete the inquiry. The local health
officer shall then certify the cause of death on the basis of the
information.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-7
Unnatural cause of death; coroner's investigation
Sec. 7. (a) If the circumstances suggest that the death was caused
by other than natural causes, the following individual shall refer the
case to the coroner for investigation:
(1) The attending physician.
(2) If there is no attending physician or the attending physician
has failed to refer the case to the coroner, the local health
officer.
(b) The coroner shall report a death coming under the coroner's
supervision upon official death certificate blanks to the health officer
having jurisdiction not more than three (3) days after the inquest is
held. Another person may not report the death.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-8
Autopsies; payment
Sec. 8. (a) Except as provided in subsection (c), payment for the
cost of an autopsy requested by a party other than the local health
official of the county in which the individual died must be made by
the party requesting the autopsy.
(b) Except as provided in subsection (c), payment for the cost of
an autopsy required by the local health officer shall be made from
funds appropriated to the local health department.
(c) Except as provided in IC 4-24-4-1, if:
(1) an individual who is a resident of Indiana dies in an Indiana
county:
(A) in which at least one (1) air ambulance provider is
located; and
(B) of which the individual is not a resident; and
(2) an autopsy is performed on the individual:
(A) in the county in which the individual died; and
(B) under the authority of the county coroner in the
discharge of the coroner's duties;
the county coroner shall bill the county in which the incident
occurred that caused the death of the individual on whom the autopsy
was performed for the cost of the autopsy.
As added by P.L.2-1993, SEC.20. Amended by P.L.271-2001, SEC.2.
IC 16-37-3-9
Permanent records; public inspection
Sec. 9. (a) The local health officer shall, from the stillbirth and
death certificates, make a permanent record of the:
(1) name;
(2) sex;
(3) age;
(4) place of death;
(5) residence; and
(6) for a death certificate only:
(A) residence addresses of the deceased during the two (2)
years before the death; and
(B) Social Security number;
of the deceased.
(b) The records shall be open to public inspection. Except as
provided in this subsection, the Social Security number is
confidential and may not be disclosed to the public. After December
31, 2005, the Social Security number shall be disclosed to the
secretary of state and election division for voter list maintenance
purposes under IC 3-7-26.3 and IC 3-7-45.
(c) The local health officer shall, not later than January 31, April
30, July 31, and October 31 of each year, furnish to the county
auditor the records of all deaths within the officer's jurisdiction that
occurred during the previous three (3) months.
(d) The local health officer may make records of other data in
connection with deaths for statistical purposes or for the purpose of
planning health programs. Records under this subsection are not
public records.
As added by P.L.2-1993, SEC.20. Amended by P.L.138-2001, SEC.5;
P.L.81-2005, SEC.34.
IC 16-37-3-10
Permit for disposal of body
Sec. 10. Upon receipt of a properly executed certificate of death
or stillbirth or, when authorized by rule of the state department, a
provisional certificate of death, a local health officer in the county in
which the death occurred shall issue a permit for the disposal of the
body.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-11
Time for securing permit for disposal of body
Sec. 11. The person in charge of interment shall secure a permit
for the disposition of the body before any of the following occur:
(1) Disposition of the body.
(2) Removing the body from the county in which the death
occurred.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-12
Burial transit permit
Sec. 12. If the body is to be transported by common carrier, the
person in charge of interment shall secure a burial transit permit in
duplicate.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-13
Burial transit permit; attachment to shipping box
Sec. 13. The person in charge of interment shall attach one (1)
copy of the burial transit permit to the shipping box in which the
body is transported.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-14
Foreign burial transit permit; endorsement by local health officer
Sec. 14. When death occurs outside Indiana and the body is
accompanied by a burial transit permit issued where death occurred,
the permit authorizes transportation into Indiana. Before burial,
cremation, or other disposal of the body the local health officer shall
endorse and keep a record of the permit.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-15
Construction of chapter regarding autopsies and inquests
Sec. 15. This chapter:
(1) supplements other laws concerning autopsies;
(2) does not require consent for a local health officer to order or
perform an autopsy in the discharge of the health officer's
duties; and
(3) does not grant authority to a local health officer to hold an
inquest under Indiana statutes governing inquests.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-16
Violations
Sec. 16. (a) Except as provided, a person who recklessly violates
or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.20.
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