2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 15. EMBALMERS AND FUNERAL DIRECTORS CHAPTER 9. STATE BOARD OF FUNERAL AND CEMETERY SERVICE; EDUCATION FUND; CEMETERY REGISTRATION
Download as PDF
IC 25-15-9
Chapter 9. State Board of Funeral and Cemetery Service;
Education Fund; Cemetery Registration
IC 25-15-9-1
Establishment of board
Sec. 1. The state board of funeral and cemetery service is
established.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-2
Members; chairman
Sec. 2. (a) The board consists of eleven (11) members as follows:
(1) Ten (10) members appointed by the governor for terms of
four (4) years.
(2) The commissioner of the state department of health or the
commissioner's designee.
(b) The board shall elect a chairman from the board's own
membership every two (2) years to serve a term of two (2) years. The
chairman shall be elected alternately from those board members
appointed under sections 3 and 4 of this chapter.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.767; P.L.236-1995, SEC.45.
IC 25-15-9-3
Funeral directors; members
Sec. 3. Four (4) of the board's appointed members must be
licensed funeral directors, in good standing, without any association
with a school of mortuary science other than as a preceptor or
supervisor of a funeral service intern.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-4
Cemetery owners or managers; members
Sec. 4. Four (4) of the board's appointed members must be active
in the cemetery industry in Indiana, either as an owner or a manager
of an operating cemetery property.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-5
Consumers; members
Sec. 5. Two (2) of the board's appointed members must be
residents of Indiana who are not associated with the practice of
funeral service or a cemetery operation other than as consumers.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-6
Party affiliation; members
Sec. 6. Not more than five (5) of the board's appointed members
may be affiliated with the same political party.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-7
Number of terms; limitation
Sec. 7. The board's appointed members may serve only two (2)
terms on the board, including prior service either as a member of the
state board of funeral service or the state board of embalmers and
funeral directors. A member of the board may serve until the
member's successor is appointed and qualified under this chapter.
As added by P.L.48-1991, SEC.31. Amended by P.L.194-2005,
SEC.58.
IC 25-15-9-8
Sale and payment of funeral or burial expenses; duties of board
Sec. 8. The board shall do the following:
(1) Adopt rules under IC 4-22-2 to do the following:
(A) Establish standards for the sale and payment of funeral
or burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized under
IC 30-2-13.
(C) Implement IC 30-2-13.
(D) Implement IC 23-14-48.5.
(2) Register and issue certificates to sellers of merchandise or
services under IC 30-2-13.
(3) Determine compliance with this article by persons engaged
in the sale and payment of funeral or burial services or
merchandise in advance of need under IC 30-2-13.
(4) Investigate any complaint alleging a violation of IC 30-2-13.
(5) Set fees under IC 25-1-8.
(6) For a violation of this article or IC 30-2-13 by a person
engaged in the sale and payment of funeral or burial services or
merchandise in advance of need under IC 30-2-13, if necessary,
take any combination of the following actions:
(A) Issue an appropriate order to correct the violation.
(B) Suspend the seller's certificate of authority.
(C) Permanently revoke the seller's certificate of authority.
(D) Censure the seller.
(E) Issue a letter of reprimand to the seller.
(F) Place the seller on probation.
(G) Assess a civil penalty against the seller in an amount not
to exceed one thousand dollars ($1,000) for each violation,
except for a finding of incompetency due to a physical or
mental disability. When imposing a civil penalty, the board
shall consider the seller's ability to pay the amount assessed.
If the seller fails to pay the civil penalty within the time
specified by the board, the board may suspend the seller's
certificate of authority without additional proceedings.
However, a suspension may not be imposed if the sole basis
for the suspension is the seller's inability to pay a civil
penalty.
(H) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
(7) In addition to any actions taken under subdivision (6),
permanently revoke a seller's certificate of authority, if the seller
demonstrates a pattern or practice of violating the following
provisions:
(A) The requirement under IC 30-2-13-12 that all property
paid or delivered to fund a contract for prepaid services or
merchandise be irrevocably deposited to trust or escrow
thirty (30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaser
to breach an existing contract under IC 30-2-13-13(e).
As added by P.L.48-1991, SEC.31. Amended by P.L.207-1993,
SEC.21; P.L.241-1995, SEC.1; P.L.65-2007, SEC.4.
IC 25-15-9-9
Funeral homes; standards for operation; duties of department
Sec. 9. The funeral director, consumer, and the state department
of health members of the board shall do the following:
(1) Adopt rules under IC 4-22-2 to do the following:
(A) Establish standards for the competent practice of funeral
service.
(B) Establish sanitation standards for the construction and
equipping of funeral homes.
(C) Establish standards for the operation of funeral homes.
(D) Set fees under IC 25-1-8.
(E) Carry out this article.
(2) Establish a program of inspection to administer this article.
(3) Pass upon the qualifications of each applicant for a license
under this article.
(4) Provide all examinations under this article.
(5) License all applicants who meet the requirements of
IC 25-15-4.
(6) Investigate a complaint alleging a violation of this article.
(7) For a violation of this article by a person who is licensed
under this article, if necessary, take any combination of the
following actions:
(A) Issue an appropriate order to correct the violation.
(B) Suspend the seller's certificate of authority issued under
IC 30-2-13.
(C) Permanently revoke the licensee's license.
(D) Censure the licensee.
(E) Issue a letter of reprimand.
(F) Place the licensee on probation.
(G) Assess a civil penalty against the licensee in an amount
not to exceed one thousand dollars ($1,000) for each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a licensee's ability to pay the amount
assessed. If the licensee fails to pay the civil penalty within
the time specified by the board, the board may suspend the
licensee's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the licensee's inability to pay a civil penalty.
(H) Refer the matter to the attorney general or the
prosecuting attorney for enforcement.
(8) The board shall suspend the license of a funeral home
licensee who employs a person who:
(A) holds an inactive funeral director license (as described in
IC 25-15-4-6); and
(B) engages in the practice of funeral services or provides
funeral services to the public (as described in IC 25-15-2-17
or IC 25-15-2-22).
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.768; P.L.207-1993, SEC.22.
IC 25-15-9-10
Cemeteries; operation; duties of department
Sec. 10. The cemetery, consumer, and the state department of
health members of the board shall do the following:
(1) Determine compliance with IC 23-14 by cemetery owners.
(2) Investigate a complaint alleging a violation of IC 23-14.
(3) For a violation of IC 23-14 by a cemetery owner, if
necessary, take any combination of the following actions:
(A) Issue an appropriate order to correct the violation.
(B) Suspend the seller's certificate of authority issued under
IC 30-2-13.
(C) Censure the cemetery owner.
(D) Issue a letter of reprimand.
(E) Assess a civil penalty against the cemetery owner in an
amount not to exceed one thousand dollars ($1,000) for each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a cemetery owner's ability to pay the
amount assessed.
(F) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.769; P.L.207-1993, SEC.23.
IC 25-15-9-11
Official actions of board; voting
Sec. 11. An official action of the board is valid only if the action
is adopted by at least six (6) of the board's members. However,
cemetery members may not vote on any matter involving section 9 of
this chapter, and funeral director members may not vote on any
matter involving section 10 of this chapter. When either cemetery or
funeral director members are ineligible to vote, an official action of
the board is valid if the action is adopted by at least four (4) of the
board's members.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-12
Health officers; cooperation with department
Sec. 12. The state department of health and local health officers
shall cooperate with the board to enforce the sanitation standards
adopted by the board for funeral homes.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.770.
IC 25-15-9-13
Funeral service education fund
Sec. 13. (a) The funeral service education fund is established for
the following purposes:
(1) To supplement the funding for a program of inspection
administered by the funeral director, consumer, and state
department of health members of the board under section 9 of
this chapter.
(2) To fund educational projects of the funeral director,
consumer, and state department of health members of the board
directed toward funeral directors and embalmers.
(3) To carry out the duties of the board.
(b) The fund shall be administered by the funeral director,
consumer, and state department of health members of the board.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. If the amount of money in the fund
at the close of a fiscal year exceeds forty thousand dollars ($40,000),
the treasurer of state shall transfer the excess from the fund into the
state general fund.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.771; P.L.112-2014, SEC.24.
IC 25-15-9-14
Fees and gifts; collection and distribution
Sec. 14. The Indiana professional licensing agency shall collect all
fees required under this article and gifts received by the board and at
the end of each month shall do the following:
(1) Report amounts collected to the auditor of state.
(2) Transfer amounts collected to the treasurer of state for
deposit as follows:
(A) An amount established by the board and not exceeding
five dollars ($5) per license issued under this article in the
funeral service education fund.
(B) Gifts dedicated to the funeral service education fund in
that fund.
(C) The remainder, after deducting the amounts described in
clause (A) or (B), in the state general fund.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-15
Salary; reimbursement of expenses
Sec. 15. (a) Each member of the board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the budget agency.
As added by P.L.48-1991, SEC.31.
IC 25-15-9-16
Payment of expenses
Sec. 16. All expenses incurred in the administration of this article
shall be paid from the state general fund. However, expenses
approved by the funeral director, consumer, and state department of
health members of the board for payment from the funeral service
education fund shall be paid from that fund.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.772.
IC 25-15-9-17
Registration of cemeteries
Sec. 17. (a) Each cemetery that:
(1) qualifies for a certificate of authority as a seller under
IC 30-2-13; or
(2) is subject to IC 23-14-48;
must register with the board.
(b) The cemetery, consumer, and state department of health
members of the board shall impose a registration fee for each
geographic location of a cemetery to which this section applies that
is equal to the combined total of fees charged under IC 25-15 for one
(1) funeral home license and one (1) individual funeral director's
license.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,
SEC.773; P.L.52-1997, SEC.51.
IC 25-15-9-18
Priority among persons as to authority to determine final
disposition of human remains and make other arrangements;
persons who may not make determination; disputes
Sec. 18. (a) Except as provided in subsection (b), the following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition of
human remains, to make arrangements for funeral services, and to
make other ceremonial arrangements after an individual's death:
(1) A person:
(A) granted the authority to serve in a funeral planning
declaration executed by the decedent under IC 29-2-19; or
(B) named in a United States Department of Defense form
"Record of Emergency Data" (DD Form 93) or a successor
form adopted by the United States Department of Defense,
if the decedent died while serving in any branch of the
United States Armed Forces (as defined in 10 U.S.C. 1481)
and completed the form.
(2) An individual specifically granted the authority in a power
of attorney or a health care power of attorney executed by the
decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the
time of the decedent's death, except when:
(A) a petition to dissolve the marriage or for legal separation
of the decedent and spouse is pending with a court at the
time of the decedent's death, unless a court finds that the
decedent and spouse were reconciled before the decedent's
death; or
(B) a court determines the decedent and spouse were
physically and emotionally separated at the time of death and
the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and regard
for the decedent.
(4) The decedent's surviving adult child or, if more than one (1)
adult child is surviving, the majority of the adult children.
However, less than half of the surviving adult children have the
rights under this subdivision if the adult children have used
reasonable efforts to notify the other surviving adult children of
their intentions and are not aware of any opposition to the final
disposition instructions by more than half of the surviving adult
children.
(5) The decedent's surviving parent or parents. If one (1) of the
parents is absent, the parent who is present has the rights under
this subdivision if the parent who is present has used reasonable
efforts to notify the absent parent.
(6) The decedent's surviving sibling or, if more than one (1)
sibling is surviving, the majority of the surviving siblings.
However, less than half of the surviving siblings have the rights
under this subdivision if the siblings have used reasonable
efforts to notify the other surviving siblings of their intentions
and are not aware of any opposition to the final disposition
instructions by more than half of the surviving siblings.
(7) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent or, if more than
one (1) individual of the same degree survives, the majority of
those who are of the same degree of kinship. However, less than
half of the individuals who are of the same degree of kinship
have the rights under this subdivision if they have used
reasonable efforts to notify the other individuals who are of the
same degree of kinship of their intentions and are not aware of
any opposition to the final disposition instructions by more than
half of the individuals who are of the same degree of kinship.
(8) If none of the persons identified in subdivisions (1) through
(7) are available, any other person willing to act and arrange for
the final disposition of the decedent's remains, including a
funeral home that:
(A) has a valid prepaid funeral plan executed under
IC 30-2-13 that makes arrangements for the disposition of
the decedent's remains; and
(B) attests in writing that a good faith effort has been made
to contact any living individuals described in subdivisions
(1) through (7).
(9) In the case of an indigent or other individual whose final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (8) is available:
(i) a public administrator, including a responsible township
trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
(b) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency
investigating the death of the decedent, determines that there is
a reasonable suspicion that a person described in subsection (a)
committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition of
human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination under subsection
(b)(2).
(d) If the decedent had filed a protection order against a person
described in subsection (a) and the protection order is currently in
effect, the person described in subsection (a) may not authorize or
designate the manner, type, or selection of the final disposition of
human remains.
(e) A law enforcement agency shall determine if the protection
order is in effect. If the law enforcement agency cannot determine the
existence of a protection order that is in effect, the law enforcement
agency shall consult the protective order registry established under
IC 5-2-9-5.5.
(f) If a person vested with a right under subsection (a) does not
exercise that right not later than seventy-two (72) hours after the
person receives notification of the death of the decedent, the person
forfeits the person's right to determine the final disposition of the
decedent's remains and the right to determine final disposition passes
to the next person described in subsection (a).
(g) A funeral home has the right to rely, in good faith, on the
representations of a person listed in subsection (a) that any other
individuals of the same degree of kinship have been notified of the
final disposition instructions.
(h) If there is a dispute concerning the disposition of a decedent's
remains, a funeral home is not liable for refusing to accept the
remains of the decedent until the funeral home receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent's remains. If a
funeral home agrees to shelter the remains of the decedent while the
parties are in dispute, the funeral home may collect any applicable
fees for storing the remains, including legal fees that are incurred.
(i) Any cause of action filed under this section must be filed in the
probate court in the county where the decedent resided, unless the
decedent was not a resident of Indiana.
(j) A spouse seeking a judicial determination under subsection
(a)(3)(A) that the decedent and spouse were reconciled before the
decedent's death may petition the court having jurisdiction over the
dissolution or separation proceeding to make this determination by
filing the petition under the same cause number as the dissolution or
separation proceeding. A spouse who files a petition under this
subsection is not required to pay a filing fee.
As added by P.L.237-1995, SEC.17. Amended by P.L.102-2007,
SEC.3; P.L.3-2008, SEC.185; P.L.143-2009, SEC.7; P.L.101-2010,
SEC.3; P.L.94-2010, SEC.8; P.L.42-2011, SEC.55; P.L.34-2011,
SEC.4; P.L.6-2012, SEC.176.
IC 25-15-9-19
Effect of signing final disposition authorization; liability
Sec. 19. (a) An individual who signs an authorization for the
cremation, interment, entombment, or inurnment of human remains:
(1) is considered to warrant the truthfulness of:
(A) any fact set forth in the authorization;
(B) the identity of the person for whose remains cremation,
interment, entombment, or inurnment is sought; and
(C) the individual's authority to order the cremation,
interment, entombment, or inurnment; and
(2) is personally and individually liable to pay damages in
compensation for harm that:
(A) is caused by; or
(B) results from;
the signing of the authorization for cremation, interment,
entombment, or inurnment.
(b) A funeral home that relies in good faith on a signed
authorization for the cremation, interment, entombment, or inurnment
of human remains is not civilly or criminally liable or subject to
disciplinary actions for carrying out the disposition of the decedent's
remains in accordance with the instructions in the authorization.
As added by P.L.34-2011, SEC.5. Amended by P.L.6-2012, SEC.177.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.