CHAPTER 3. CERTIFICATES OF DEATH AND STILLBIRTH; BURIAL PERMITS
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 lifelesshuman body or parts or bones of the human body from the conditionof which it reasonably may be concluded that death recentlyoccurred.
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 ordead body or the ashes, after cremation, in a grave, vault, urn, orother 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 person in charge of interment shall file a certificateof death or of stillbirth with the local health officer of the jurisdictionin which the death or stillbirth occurred.
(b) Notwithstanding subsection (a), beginning January 1, 2011,the person in charge of interment shall use the Indiana deathregistration system established under IC 16-37-1-3.1 to file acertificate of death with the local health officer of the jurisdiction inwhich the death occurred. The local health officer shall retain a copyof the certificate of death.
As added by P.L.2-1993, SEC.20. Amended by P.L.61-2009, SEC.8.
IC 16-37-3-4
Securing personal data for certificates
Sec. 4. The person in charge of interment shall secure the personaldata required by the state department by rules adopted underIC 4-22-2 for preparation of the certificate of death or of stillbirthfrom the persons best qualified to give the information.
As added by P.L.2-1993, SEC.20.
IC 16-37-3-5
Cause of death; certification by attending physician
Sec. 5. (a) The person in charge of interment shall present acertificate of death to the physician last in attendance upon thedeceased, who shall certify the cause of death upon the certificate ofdeath or of stillbirth.
(b) Notwithstanding subsection (a), beginning January 1, 2011,using the Indiana death registration system established underIC 16-37-1-3.1, the person in charge of interment shall electronicallyprovide a certificate of death to the physician last in attendance upon
the deceased. The physician last in attendance upon the deceasedshall electronically certify to the local health department the cause ofdeath on the certificate of death, using the Indiana death registrationsystem.
As added by P.L.2-1993, SEC.20. Amended by P.L.61-2009, SEC.9.
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 mentallyunable to sign the certificate of death or stillbirth;
the local health officer shall inquire into the cause of death fromanyone having knowledge of the facts regarding the cause of death.
(b) The local health officer may issue a subpoena to obtaininformation and to employ a qualified pathologist to perform anautopsy when, in the judgment of the local health officer, thoseprocedures are required to complete the inquiry. The local healthofficer shall then certify the cause of death on the basis of theinformation.
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 causedby other than natural causes, the following individual shall refer thecase to the coroner for investigation:
(1) The attending physician.
(2) If there is no attending physician or the attending physicianhas failed to refer the case to the coroner, the local healthofficer.
(b) The coroner shall report a death coming under the coroner'ssupervision upon official death certificate blanks to the health officerhaving jurisdiction not more than three (3) days after the inquest isheld. 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 thecost of an autopsy requested by a party other than the local healthofficial of the county in which the individual died must be made bythe party requesting the autopsy.
(b) Except as provided in subsection (c), payment for the cost ofan autopsy required by the local health officer shall be made fromfunds 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 Indianacounty:
(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 thedischarge of the coroner's duties;
the county coroner shall bill the county in which the incidentoccurred that caused the death of the individual on whom the autopsywas 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 anddeath 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 asprovided in this subsection, the Social Security number isconfidential and may not be disclosed to the public. After December31, 2005, the Social Security number shall be disclosed to thesecretary of state and election division for voter list maintenancepurposes under IC 3-7-26.3 and IC 3-7-45.
(c) The local health officer shall, not later than January 31, April30, July 31, and October 31 of each year, furnish to the countyauditor the records of all deaths within the officer's jurisdiction thatoccurred during the previous three (3) months.
(d) The local health officer may make records of other data inconnection with deaths for statistical purposes or for the purpose ofplanning health programs. Records under this subsection are notpublic 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 deathor stillbirth or, when authorized by rule of the state department, aprovisional certificate of death, a local health officer in the county inwhich the death occurred shall issue a permit for the disposal of thebody.
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 permitfor 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 deathoccurred.
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, theperson in charge of interment shall secure a burial transit permit induplicate.
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 thebody 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 isaccompanied 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 shallendorse 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 orperform an autopsy in the discharge of the health officer'sduties; and
(3) does not grant authority to a local health officer to hold aninquest 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 violatesor 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.