CHAPTER 31. CREMATION
IC 23-14-31
Chapter 31. Cremation
IC 23-14-31-1
"Alternative container" defined
Sec. 1. As used in this chapter, "alternative container" means arigid or nonrigid receptacle or other enclosure that:
(1) is made of a nonmetallic material;
(2) does not have ornamentation or an inner lining;
(3) may be closed adequately to provide a complete coveringfor human remains;
(4) is resistant to leakage or spillage;
(5) is rigid enough for handling with ease; and
(6) provides protection for the health, safety, and personalintegrity of crematory personnel.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-2
"Authorizing agent" defined
Sec. 2. As used in this chapter, "authorizing agent" means aperson legally entitled to order the cremation and final disposition ofspecific human remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-3
"Board" defined
Sec. 3. As used in this chapter, "board" means the state board offuneral and cemetery service established by IC 25-15-9-1.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-4
"Body part" defined
Sec. 4. As used in this chapter, "body part" means:
(1) a limb or other part of the human anatomy that is removedfor medical purposes, treatment, surgery, biopsy, autopsy, ormedical research; or
(2) a human body or a portion of a human body that has beendonated to science for medical research purposes.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-5
"Burial transit permit" defined
Sec. 5. As used in this chapter, "burial transit permit" means apermit for the transportation and disposition of a dead human bodyrequired under IC 16-37-3-10 or IC 16-37-3-12.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-6
"Casket" defined
Sec. 6. As used in this chapter, "casket" means a rigid enclosure
that:
(1) is made of wood, metal, or other material;
(2) is ornamented;
(3) has a fixed or nonfixed inner lining; and
(4) is designed to encase human remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-7
"Cremated remains" defined
Sec. 7. As used in this chapter, "cremated remains" means allhuman remains recovered after the completion of the cremation of ahuman body or body part, including the residue of any foreignmaterials, nonmetallic casket material, dental work, or eyeglassesthat were cremated with the human remains but excluding anyprosthetic or medical device.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-8
"Cremation" defined
Sec. 8. As used in this chapter, "cremation" means theincineration of the body of a deceased person or a body part of anondeceased person and the mechanical or manual reduction ofidentifiable bone fragments to unidentifiable bone fragments.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-9
"Cremation chamber" defined
Sec. 9. As used in this chapter, "cremation chamber" means theenclosed space where the cremation takes place.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-10
"Cremation room" defined
Sec. 10. As used in this chapter, "cremation room" means theroom where the cremation chamber is located.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-11
"Crematory" defined
Sec. 11. As used in this chapter, "crematory" means a building orstructure, including a holding facility where human remains are orare intended to be cremated.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-12
"Crematory authority" defined
Sec. 12. As used in this chapter, "crematory authority" means thelegal entity or the entity's authorized representative that is registeredby the board to operate a crematory and to perform cremations.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-13
"Disposition" defined
Sec. 13. As used in this chapter, "disposition" means thecremation or other disposition of a dead human body or a part of adead human body.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-14
"Funeral home" defined
Sec. 14. As used in this chapter, "funeral home" means a placethat is licensed under IC 25-15 where:
(1) human remains are prepared for a funeral or disposition;
(2) human remains are held for disposition; and
(3) funerals are conducted or provided.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-15
"Holding facility" defined
Sec. 15. As used in this chapter, "holding facility" means an areathat:
(1) is designated for the retention of human remains beforecremation, including a cremation room;
(2) complies with all applicable public health laws; and
(3) preserves the health and safety of the crematory authoritypersonnel.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-16
"Human remains" defined
Sec. 16. As used in this chapter, "human remains" means the bodyor a part of the body of an individual, including human remains thathave been cremated.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-17
"Niche" defined
Sec. 17. As used in this chapter, "niche" means a space in acolumbarium that is used or intended to be used for the interment ofcremated human remains of one (1) or more deceased individuals.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-18
"Scattering" defined
Sec. 18. As used in this chapter, "scattering" means the finaldisposition of cremated human remains under section 44(a)(3) of thischapter.
As added by P.L.231-1995, SEC.2. Amended by P.L.173-1996,SEC.1.
IC 23-14-31-19 "Scattering area" defined
Sec. 19. As used in this chapter, "scattering area" means adesignated area on dedicated cemetery property where crematedremains that have been removed from their container can be mixedwith or placed on top of the soil or ground cover.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-20
"Temporary container" defined
Sec. 20. As used in this chapter, "temporary container" means areceptacle:
(1) for cremated remains;
(2) that is composed of cardboard, plastic, or similar material;
(3) that can be secured to prevent leakage or spillage of thecremated remains or the entrance of foreign material; and
(4) that is a single container of sufficient size to hold thecremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-21
"Urn" defined
Sec. 21. As used in this chapter, "urn" means a receptacledesigned to encase cremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-22
Operating crematories; registration application
Sec. 22. (a) A person, a corporation, a limited liability company,a partnership, or any other business entity that is registered under thissection may erect, maintain, and operate a crematory.
(b) To register to erect, maintain, or operate a crematory, anapplicant must complete an application for registration as acrematory authority on a form furnished by the board that containsthe following information:
(1) The name and address of the applicant as follows:
(A) If the applicant is an individual, the full name andaddress, including both residential and business addresses,of the applicant.
(B) If the applicant is a partnership, the full name andaddress of each partner.
(C) If the applicant is a limited liability company, the fullname and address of each manager and member.
(D) If the applicant is a corporation, the name and address ofeach officer, director, and shareholder holding at leasttwenty-five percent (25%) of the corporation's stock.
(2) The address and location of the crematory.
(3) Any other information the board may reasonably require.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-23 Licenses and permits; construction of crematories
Sec. 23. (a) A crematory shall obtain all necessary licenses andpermits from appropriate local, state, or federal agencies.
(b) A crematory may be constructed on or adjacent to a cemetery,a funeral home, or another location if allowed by local zoningordinances.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-24
Annual report
Sec. 24. (a) Each crematory authority shall file an annual reportwith the board. The report must include any changes in theinformation required under section 22 of this chapter or a statementindicating that no changes have occurred.
(b) Except as provided in subsection (c), the annual report mustbe filed not later than ninety (90) days after the end of the fiscal yearof the crematory authority.
(c) If the fiscal year of a crematory authority is not the calendaryear, the crematory authority shall file the annual report withinseventy-five (75) days after the end of the crematory authority's fiscalyear.
(d) If a crematory authority files a written request for an extensionand demonstrates good cause for the extension, the board shall grantan extension of not more than sixty (60) days for filing the annualreport.
(e) If a crematory authority fails to submit an annual report to theboard within the time specified in subsection (c) or (d), the boardmay take any of the actions allowed by IC 25-15-9.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-25
Inspection of records
Sec. 25. Upon reasonable notice, the board may inspect all recordsrelating to the registration and annual report of the crematoryauthority required to be filed under this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-26
Authorizing agent; persons prohibited from being an authorizingagent
Sec. 26. (a) Except as provided in subsection (c), the followingpersons, in the priority listed, have the right to serve as anauthorizing agent:
(1) An individual granted the authority to serve in a funeralplanning declaration executed by the decedent underIC 29-2-19, or the person named in a United States Departmentof Defense form "Record of Emergency Data" (DD Form 93) ora successor form adopted by the United States Department ofDefense, if the decedent died while serving in any branch of theUnited States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual granted the authority to serve in a health carepower of attorney executed by the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at thetime of the decedent's death.
(4) The decedent's surviving adult children. If more than one (1)adult child is surviving, any adult child who confirms in writingthat the other adult children have been notified, unless thecrematory authority receives a written objection to thecremation from another adult child.
(5) The decedent's surviving parent. If the decedent is survivedby both parents, either parent may serve as the authorizing agentunless the crematory authority receives a written objection tothe cremation from the other parent.
(6) The individual in the next degree of kinship underIC 29-1-2-1 to inherit the estate of the decedent. If more thanone (1) individual of the same degree is surviving, any personof that degree may serve as the authorizing agent unless thecrematory authority receives a written objection to thecremation from one (1) or more persons of the same degree.
(7) In the case of an indigent or other individual whose finaldisposition is the responsibility of the state or township, thefollowing may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)through (6) are available:
(i) a public administrator, including a responsibletownship trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if asurviving family member objects to the cremation or ifcremation would be contrary to the religious practices of thedeceased individual as expressed by the individual or theindividual's family.
(8) In the absence of any person under subdivisions (1) through(7), any person willing to assume the responsibility as theauthorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to becremated, a representative of the institution that has arranged withthe crematory authority to cremate the body part may serve as theauthorizing agent.
(c) 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 theoperation of a vehicle; and
(2) the coroner, in consultation with the law enforcementagency investigating the death of the decedent, determines thatthere is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as theauthorizing agent.
(d) The coroner, in consultation with the law enforcement agencyinvestigating the death of the decedent, shall inform the crematoryauthority of the determination referred to in subsection (c)(2).
As added by P.L.231-1995, SEC.2. Amended by P.L.102-2007,SEC.1; P.L.143-2009, SEC.5; P.L.101-2010, SEC.1.
IC 23-14-31-27
Authorization procedure; immunity from liability; exceptions
Sec. 27. (a) Except as provided in subsection (c), a crematoryauthority shall not cremate human remains until the authority hasreceived the following:
(1) A cremation authorization form provided by the crematoryauthority, signed by an authorizing agent, containing thefollowing information:
(A) The identity of the human remains and the time and dateof death.
(B) The name of the funeral director who obtained thecremation authorization.
(C) The name of the authorizing agent and the relationshipbetween the authorizing agent and the decedent.
(D) A statement by the authorizing agent that the authorizingagent:
(i) has the right to authorize the cremation of the decedent;
(ii) is not aware of any person who has a superior priorityright to that of the authorizing agent; or
(iii) if the authorizing agent is aware that there is anotherperson who has a superior priority right to that of theauthorizing agent, a statement that the authorizing agenthas made all reasonable efforts to contact the person, hasbeen unable to contact the person, and has no reason tobelieve that the person would object to the cremation ofthe decedent.
(E) Authorization for the crematory authority to cremate thehuman remains.
(F) A statement that the human remains do not contain apacemaker or any other material or implant or radiationproducing device that may be potentially hazardous or causedamage to the cremation chamber or the individualperforming the cremation. The authorization form may statethat the funeral director is not liable for damages caused bya pacemaker or other implanted device that was notdisclosed to the funeral director or of which the funeraldirector could not reasonably be aware.
(G) The name of the funeral director authorized to receivethe cremated remains from the crematory authority or, if thecrematory is on cemetery property, the cemetery authorizedto receive cremated remains. (H) The manner in which final disposition of the crematedremains is to take place, if known. If the cremationauthorization form does not specify final disposition in agrave, niche, or scattering area, the form may indicate thatthe cremated remains will be held by the crematory authorityfor not longer than thirty (30) days from the date ofcremation before the remains are released. The form mayindicate that the crematory authority shall return crematedremains that have not been disposed of within thirty (30)days to the funeral director or funeral home of record whoshall hold them for not longer than sixty (60) days from thedate of cremation before disposing of the cremated remainseither as previously authorized or, if there is noauthorization, in any legal manner. The funeral home has noliability for:
(i) disposing of cremated remains in any manner permittedby law if the remains have been held; or
(ii) holding the cremated remains;
in excess of the sixty (60) days permitted under this clauseif the authorizing agent fails to claim the remains during thesixty (60) day period. The funeral home must first sendwritten notice by certified mail return receipt requested tothe authorizing agent explaining the intentions of the funeralhome regarding the disposal of or holding of the crematedremains in order for the funeral home to be immune fromliability under this clause.
(I) A statement confirming the identity of the valuablesbelonging to the decedent previously taken and being heldby the funeral director or the funeral home.
(J) A statement prohibiting the crematory from sellingnonorganic material recovered from the human remains.
(K) A statement that the authorizing agent has made specificarrangements for any viewing of the decedent beforecremation, or for a service with the decedent present beforecremation. If a viewing or service is planned, the date andtime of the viewing or service and whether the crematoryauthority is authorized to proceed with the cremation uponreceipt of the human remains.
(L) The signature of the authorizing agent, attesting to theaccuracy of all representations contained on the cremationauthorization form.
(2) A completed and executed burial transit permit provided bythe local health officer to the funeral director indicating that thehuman remains are to be cremated.
(3) A copy of:
(A) the completed and executed certificate of death; or
(B) a release for cremation by the coroner if an investigationof the circumstances of the deceased person's death cameunder the authority of the coroner, but the release does notconstitute an authorization as required by this chapter. (b) The cremation authorization form required under subsection(a)(1) must be signed by the funeral director who obtained thecremation authorization. The funeral director shall execute thecremation authorization form as a witness and is not responsible forthe representations made by the authorizing agent unless the funeraldirector has actual knowledge of a false or inaccurate representation.The funeral director shall certify to the crematory that the humanremains delivered to the crematory authority are the human remainsidentified by the authorizing agent on the cremation authorizationform.
(c) Notwithstanding subsection (a)(3)(A), a death certificate is notrequired for the cremation of the remains of a person:
(1) who died in another state; and
(2) whose remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of cremation at an Indiana crematory;
if the funeral director or funeral director's agent obtains thedocuments required for cremation by the state in which the deathoccurred. However, if final disposition of the human remains is tooccur in Indiana, the provisions of subsection (a)(3)(A) shall apply.
As added by P.L.231-1995, SEC.2. Amended by P.L.174-1996,SEC.1; P.L.52-1997, SEC.5; P.L.169-2003, SEC.1.
IC 23-14-31-28
Delegation of authority; immunity for reliance on cremationauthorization form
Sec. 28. (a) If the authorizing agent is not available to execute acremation authorization form in person, the authorizing agent maydelegate the authority to another person in writing, including afacsimile transmission, telegram, or other electronic transmission.
(b) A written delegation of authority of an authorizing agent mustinclude:
(1) the name, address, and relationship of the authorizing agentto the decedent; and
(2) the name and address of the person to whom authority isdelegated.
(c) A person authorized under subsections (a) and (b) may serveas the authorizing agent and execute the cremation authorizationform.
(d) A crematory authority is not liable for relying on a cremationauthorization form executed in compliance with this section.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-29
Effect of signing cremation authorization form; responsibility forfinal disposition
Sec. 29. (a) Except for the information required under section27(a)(1)(F) of this chapter, an authorizing agent who signs acremation authorization form certifies that the facts on the cremation
authorization form are true and that the authorizing agent hasauthority to order the cremation.
(b) An authorizing agent who signs a cremation authorizationform is personally liable for damages resulting from authorizing thecremation.
(c) The authorizing agent is responsible for the final dispositionof a decedent's cremated remains. The crematory authority may holdthe cremated remains for not longer than the thirty (30) day periodunder section 45 of this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-30
Crematory authority; liability for cremation or disposition
Sec. 30. (a) Except as provided in section 36 of this chapter, acrematory authority may cremate human remains upon receipt of acremation authorization form signed by an authorizing agent.
(b) In the absence of gross negligence or noncompliance with thischapter, a crematory authority is not liable for:
(1) cremating human remains according to an authorization; or
(2) releasing or disposing of the cremated remains according toan authorization form.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-31
Cancellation by authorizing agent and instructions for alternativedisposition
Sec. 31. After an authorizing agent has executed a cremationauthorization form, the authorizing agent may revoke theauthorization and instruct the crematory authority to cancel thecremation and to release or deliver the human remains to anothercrematory authority or funeral home. The instructions must beprovided to the crematory authority in writing. A crematory authoritymust comply with instructions given to the authority by anauthorizing agent under this section if the crematory authorityreceives the instructions before beginning the cremation of thehuman remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-32
Receipts provided by crematory authority
Sec. 32. (a) The crematory authority shall furnish a receipt to thefuneral director or the funeral director's representative who delivershuman remains to the crematory authority. The receipt must:
(1) be signed by both the crematory authority and the funeraldirector or the funeral director's representative who delivers thehuman remains; and
(2) contain the following information:
(A) The date and time of the delivery.
(B) The type of casket or alternative container that wasdelivered. (C) The name of the person from whom the human remainswere received and the name of the funeral home or otherentity with whom the person is affiliated.
(D) The name of the person who received the humanremains on behalf of the crematory authority.
(E) The name of the decedent.
(b) Upon the release of cremated remains, the crematory authorityshall furnish a receipt to the person who receives the crematedremains from the crematory authority. The receipt must be signed byboth the crematory authority and the person who receives thecremated remains and must contain the following information:
(1) The date and time of the release.
(2) The name of the person who received the cremated remainsand the name of the funeral home, cemetery, or other entity withwhom the person is affiliated.
(3) The name of the person who released the cremated remainson behalf of the crematory authority.
(4) The name of the decedent.
(c) The crematory authority shall retain a copy of each receiptunder this section in the authority's permanent records.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-33
Crematory authority records
Sec. 33. (a) A crematory authority shall maintain at the authority'splace of business a permanent record of each cremation that tookplace at the facility. The record must contain the name of thedecedent and the date of the cremation.
(b) The crematory authority shall maintain a record of allcremated remains disposed of by the crematory authority undersection 49 of this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-34
Cemetery records
Sec. 34. Each cemetery shall maintain a record of all crematedremains:
(1) that are disposed of on the cemetery's property;
(2) that have been properly transferred to the cemetery; and
(3) for which the cemetery has issued a receipt acknowledgingthe transfer of the cremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-35
Casket requirements; acceptance of human remains
Sec. 35. (a) A crematory authority shall not require that humanremains be placed in a casket before cremation or that humanremains be cremated in a casket.
(b) A crematory authority shall not accept human remains unlessthe remains are delivered to the crematory authority in a casket or an
alternative container. However, a crematory authority may notrequire that the human remains be delivered in a casket.
(c) A crematory authority shall not refuse to accept humanremains for cremation because the human remains are not embalmed.
(d) A crematory authority shall not accept a casket or analternative container if there is evidence of the leakage of bodyfluids.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-36
Time; human remains containing hazardous materials; exceptions
Sec. 36. (a) Except:
(1) when waived in writing by the city or county health officerwhere the death occurred; or
(2) as provided in subsection (d);
human remains shall not be cremated less than forty-eight (48) hoursafter the time of death as indicated on the medical certificate of deathor the coroner's certificate.
(b) Except as provided in subsection (a), unless the crematoryauthority has received specific instructions to the contrary on thecremation authorization form, a crematory authority may schedulethe actual cremation to be performed at the authority's convenienceat any time after the human remains have been delivered to thecrematory authority.
(c) A crematory authority shall not cremate human remains whenthe authority has actual knowledge that the human remains containa pacemaker or other material or implant that may be potentiallyhazardous to the individual performing the cremation.
(d) The mandatory delay of forty-eight (48) hours imposed bysubsection (a) does not apply to the cremation of the remains of aperson:
(1) who died in another state; and
(2) whose remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of cremation at an Indiana crematory;
if the funeral director or funeral director's agent obtains thedocuments required for cremation by the state in which the deathoccurred.
As added by P.L.231-1995, SEC.2. Amended by P.L.52-1997, SEC.6.
IC 23-14-31-37
Use of holding facilities
Sec. 37. When a crematory authority is unable to or unauthorizedto cremate human remains immediately upon taking custody of theremains, the crematory authority shall place the human remains in aholding facility.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-38 Destruction or cremation of casket or alternative container
Sec. 38. The casket or the alternative container containing thehuman remains must be cremated with the human remains ordestroyed unless the crematory authority has notified the authorizingagent to the contrary on the cremation authorization form andobtained the written consent of the authorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-39
Simultaneous cremations
Sec. 39. (a) A crematory authority shall not perform thesimultaneous cremation of the human remains of more than one (1)individual within the same cremation chamber unless it has obtainedthe prior written consent of the authorizing agents.
(b) Subsection (a) does not prevent the simultaneous cremationwithin the same cremation chamber of body parts delivered to thecrematory authority from multiple sources, or the use of cremationequipment that contains more than one (1) cremation chamber.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-40
Removal of recoverable residue
Sec. 40. After each cremation, all the recoverable residue of thecremation process that it is practical to recover must be removedfrom the cremation chamber.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-41
Additional containers for cremated remains
Sec. 41. If all of the recovered cremated remains will not fit in thereceptacle that has been selected, the remainder of the crematedremains must be placed in a separate, additional container andreturned to the funeral home or funeral director for return to theauthorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-42
Shipment of cremated remains
Sec. 42. (a) Cremated remains may only be shipped by a methodthat has an internal tracing system that provides a receipt signed bythe person accepting delivery.
(b) A crematory authority shall maintain an identification systemthat ensures that the authority can identify the human remains in theauthority's possession throughout all phases of the cremation process.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-43
Responsibility for final disposition
Sec. 43. The authorizing agent is responsible for the decisionconcerning final disposition of the cremated remains in accordance
with sections 44 and 45 of this chapter. The funeral director is notliable for an act of the authorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-44
Legal control and disposition; forms concerning disposal
Sec. 44. (a) Cremated remains may be retained by the personhaving legal control over the remains or may be disposed of in anyof the following manners:
(1) Placing the remains in a grave, niche, or crypt.
(2) Scattering the remains in a scattering area.
(3) Disposing of the remains in any manner if:
(A) the remains are reduced to a particle size of one-eighth(1/8) inch or less; and
(B) the disposal is made on the property of a consentingowner, on uninhabited public land, or on a waterway.
(b) The state department of health shall adopt forms for recordingthe following information concerning the disposal of crematedhuman remains on the property of a consenting owner:
(1) The date and manner of the disposal of the remains.
(2) The legal description of the property where the remainswere disposed of.
The owner of the property where the cremated remains weredisposed of and the person having legal control over the remainsshall attest to the accuracy of the information supplied on the forms.The owner of the property where the cremated remains weredisposed of shall record the forms with the county recorder of thecounty in which the property is located and shall return the form andthe burial transit permit described in IC 16-37-3, within ten (10) daysafter the remains are disposed of.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-45
Disposition of cremated remains where no instructions exist
Sec. 45. (a) After completion of the cremation process, if acrematory authority existing on cemetery property has not beeninstructed to arrange for the interment, entombment, inurnment, orscattering of the cremated remains, the crematory authority shalldeliver the cremated remains to the funeral director of record notlater than thirty (30) days after the date of cremation. The deliverymay be made in person or by registered mail. After delivery of thecremated remains, the crematory authority is discharged from anylegal obligation or liability concerning the disposition of thecremated remains.
(b) A funeral director may hold remains returned by a crematoryauthority for not longer than sixty (60) days from the date ofcremation and may dispose of the remains as previously arranged, orif no arrangement has been made, at the end of sixty (60) days, in anylegal manner.
(c) A funeral director and crematory authority shall observe
religious practices or preferences specified by the authorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-46
Commingling of cremated remains
Sec. 46. Except with the express written permission of theauthorizing agent, a person shall not do the following:
(1) Dispose of cremated remains in a manner or location thatcommingles the cremated remains with the cremated remains ofanother individual. This prohibition does not apply to thescattering of cremated remains at sea or in the air.
(2) Place the cremated remains of more than one (1) individualin the same temporary container or urn.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-47
Liability for cremation designated by authorization
Sec. 47. A crematory authority that has received an executedcremation authorization form and any additional documentationrequired under section 27 of this chapter is not liable for civildamages arising from the cremation of the human remains designatedby the cremation authorization form if the cremation is performed inaccordance with this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-48
Liability for nonacceptance or nonperformance
Sec. 48. (a) A crematory authority is not liable for civil damagesfor refusing to accept human remains or refusing to perform acremation until the crematory authority receives a court order orother suitable confirmation that a dispute has been settled, if theauthority:
(1) is aware of a dispute concerning the cremation of the humanremains;
(2) has a reasonable basis for questioning any of therepresentations made by the authorizing agent; or
(3) refuses to accept the human remains for any other lawfulreason.
(b) A crematory authority is not required to accept human remainsfor cremation.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-49
Disputes concerning cremated remains; liability for refusingrelease
Sec. 49. (a) If a crematory authority is aware of a disputeconcerning the release or disposition of cremated remains, thecrematory authority shall release the remains to the funeral directoror funeral home until the dispute has been resolved.
(b) A crematory authority is not liable for refusing to release or
dispose of cremated remains in accordance with this section.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-50
Responsibility for prosthetic devices or valuables; resale of casketsor medical devices
Sec. 50. A crematory authority is not responsible or liable forprosthetic devices or valuables delivered to the crematory authoritywith or integral to human remains, unless the crematory authority hasreceived written instructions under section 27(a)(1)(I) or 27(a)(1)(J)of this chapter. A crematory authority shall not resell caskets orprosthetic or medical devices obtained as a result of cremation orfrom cremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-51
Liability of cemeteries
Sec. 51. A cemetery is not liable for cremated remains that aredumped, scattered, or otherwise deposited at the cemetery inviolation of this chapter if the action is taken without the cemetery'sconsent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-52
Violations; offenses
Sec. 52. (a) Except as provided in subsections (b), (c), and (d), aperson that knowingly or intentionally violates this chapter commitsa Class B misdemeanor.
(b) A person that knowingly or intentionally:
(1) performs a cremation without receipt of a cremationauthorization form signed by an authorizing agent;
(2) signs a cremation authorization form that the individualknows contains false or incorrect information; or
(3) violates a cremation procedure under sections 36 through 42of this chapter;
commits a Class D felony.
(c) A crematory authority that knowingly represents to anauthorizing agent or the agent's designee that a temporary containeror urn contains the cremated remains of a specific decedent when thecontainer or urn does not commits a Class D felony.
(d) A person:
(1) who:
(A) professes to the public to be a crematory authority; or
(B) operates a building or structure in Indiana as acrematory;
without being registered under section 22 of this chapter; or
(2) who fails to file an annual report required under section 24of this chapter;
commits a Class A misdemeanor.
As added by P.L.231-1995, SEC.2. Amended by P.L.169-2003,
SEC.2.
IC 23-14-31-53
Injunction actions
Sec. 53. If a crematory authority:
(1) refuses to file or neglects to file an annual report undersection 24 of this chapter;
(2) fails to comply with the registration requirements undersection 22 of this chapter; or
(3) refuses to comply with the record inspection requirementsunder section 25 of this chapter;
the board may maintain an action in the name of the state of Indianato enjoin the crematory authority from performing cremations.
As added by P.L.231-1995, SEC.2.