CHAPTER 2. DEFINITIONS
IC 25-15-2
Chapter 2. Definitions
IC 25-15-2-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-2
"Alternative container"
Sec. 2. "Alternative container" means a rigid or nonrigidreceptacle or other enclosure that:
(1) is made of a nonmetallic material; and
(2) does not have ornamentation or an inner lining.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-3
"Board"
Sec. 3. "Board" means the state board of funeral and cemeteryservice.
As added by P.L.246-1985, SEC.1. Amended by P.L.48-1991,SEC.27.
IC 25-15-2-3.5
"Branch location"
Sec. 3.5. As used in this chapter, "branch location" means aphysical structure:
(1) that is owned or leased by a person, not in conjunction withany other person, who owns and operates a licensed funeralhome in the same or adjoining county;
(2) where human remains are prepared for a viewing, a funeral,or final disposition after initial preparation in a funeral home;
(3) where memorial visitation or the viewing of human remainsis conducted before or as part of a memorial or funeral service;and
(4) where funerals that are not primarily for religious orworship purposes are conducted or held.
As added by P.L.237-1995, SEC.2.
IC 25-15-2-4
"Casket"
Sec. 4. "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.246-1985, SEC.1.
IC 25-15-2-5 "Consumer"
Sec. 5. "Consumer" means a person that:
(1) during an individual's lifetime; or
(2) after an individual's death;
discusses, offers to purchase, or purchases funeral goods or funeralservices for the individual's human remains.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-6
"Cremate"
Sec. 6. "Cremate" means to incinerate human remains and tomechanically or manually reduce the bone fragments of the remainsto unidentifiable bone fragments.
As added by P.L.246-1985, SEC.1. Amended by P.L.231-1995,SEC.3.
IC 25-15-2-7
"Disposition"
Sec. 7. "Disposition" means:
(1) interment of human remains in the earth in an establishedcemetery;
(2) interment of human remains in a mausoleum orcolumbarium;
(3) disposal of cremated human remains on the property of aconsenting owner, on uninhabited public land, or on awaterway;
(4) burial of human remains at sea;
(5) delivery of human remains within the jurisdiction of theanatomical education program (IC 21-44-2) to a school, college,or physician entitled by law to receive the human remains forthe promotion of science and art of medicine or dentistry; or
(6) other final disposal of human remains.
As added by P.L.246-1985, SEC.1. Amended by P.L.238-1987,SEC.2; P.L.2-2007, SEC.320.
IC 25-15-2-8
"Embalmer"
Sec. 8. "Embalmer" means a person who is licensed as anembalmer under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-9
"Embalming"
Sec. 9. "Embalming" means the temporary preservation anddisinfection of human remains by the internal or external applicationof chemicals or by other methods in preparation for disposition.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-10
"Exempted person" Sec. 10. As used in this chapter, "exempted person" means aperson that does not perform any funeral services other than one (1)or more of the following:
(1) Sells, as a seller licensed under IC 30-2-13 or an agent or arepresentative of a seller:
(A) funeral merchandise described in IC 30-2-13-8 at need;or
(B) funeral merchandise defined in IC 30-2-13-8 under acertificate of authority authorized by IC 30-2-13-33 and notfuneral services defined in section 17(1), 17(2), or 17(3) ofthis chapter unless they are funeral services (as defined inIC 30-2-13-8) and ratified as required by IC 30-2-13-20.
(2) Cremates human remains, but does not conduct a funeralservice in conjunction with the cremation.
(3) Cremates human remains or holds human remains less thanforty-eight (48) hours for the purpose of cremating the humanremains without a funeral service or memorial service inconjunction with the final disposition of the cremated remains.
(4) Performs services for a morgue in a hospital or other facilitylicensed under IC 16-21 that are directly related to the purposesof the hospital or other facility.
(5) Performs services for a school of mortuary science that aredirectly related to an educational purpose.
(6) Arranges, supervises, or conducts a religious or memorialservice for a deceased individual if:
(A) the human remains of the deceased individual are notpresent at the service; and
(B) final disposition of the deceased individual's humanremains has been or will be completed under the authority ofa funeral director having obtained a burial permit issued bythe state of Indiana.
(7) Conducts a religious or memorial service with the humanremains of the deceased individual present if the funeral isarranged and directly supervised by a funeral director.
(8) If the person is a cemetery, sells or offers advice concerningmethods or alternatives available for final disposition of humanremains.
As added by P.L.246-1985, SEC.1. Amended by P.L.2-1993,SEC.137; P.L.237-1995, SEC.3; P.L.2-1996, SEC.270.
IC 25-15-2-11
"Funeral"
Sec. 11. "Funeral" means a memorial service or ceremony for adeceased individual where human remains or cremated remains arepresent or a memorial visitation or viewing of the human remains ofa deceased individual.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,SEC.4.
IC 25-15-2-12 "Funeral director"
Sec. 12. "Funeral director" means an individual who has a funeraldirector license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-13
"Funeral director intern"
Sec. 13. "Funeral director intern" means an individual who has afuneral director intern license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-14
"Funeral goods"
Sec. 14. "Funeral goods" means goods, other than clothing,flowers, gravemarkers, and urns, that are sold or offered for saledirectly to a consumer for use in connection with funeral services.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-15
"Funeral home"
Sec. 15. "Funeral home" means a physical structure where:
(1) human remains are prepared for a funeral or finaldisposition;
(2) human remains are held for disposition;
(3) there is an embalming room in compliance with licensurerequirements of this article where at least one (1) of thefollowing takes place:
(A) The embalming of human remains.
(B) The prevention of the spread of infectious or contagiousdisease from human remains.
(C) The aspiration of internal body fluids and gasses fromhuman remains.
(D) The temporary storage of non-casketed human remainsawaiting final disposition.
(E) The dressing, final preparation, and casketing of humanremains;
(4) memorial visitation or the viewing of human remains isconducted before or as part of a memorial or funeral service;and
(5) funerals whose primary function is not for a religious orworship purpose are conducted or held.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,SEC.5.
IC 25-15-2-16
"Funeral home licensee"
Sec. 16. "Funeral home licensee" means a person that has afuneral home license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-17
"Funeral services"
Sec. 17. As used in this chapter, "funeral services" means:
(1) accepting, holding, caring for, or preparing human remainsfor a funeral or final disposition, including embalming (whereauthorized) and the practice of restorative arts;
(2) at need counseling of survivors of a deceased individual on:
(A) the services, methods, and alternatives for finaldisposition of human remains; and
(B) the requirements of federal and state law applicable tothe sale of funeral services and merchandise;
(3) arranging, supervising, or conducting a funeral service inconjunction with the memorialization or the disposition ofhuman remains, (however, "funeral services" does not includeinterment services performed in a cemetery by cemeterypersonnel), including attendance at services held in cemeteriesor crematories where third persons are directly responsible forthe physical acts associated with interment or final dispositionof human remains;
(4) selling or offering to sell funeral merchandise described inIC 30-2-13-8 to a consumer at the time of need or in advance ofneed;
(5) selling or offering to sell funeral services described inIC 30-2-13-8 at the time of need or in advance of need;
(6) managing a funeral home or branch location licensed underIC 25-15-4-1 or IC 25-15-4-1.1; and
(7) arranging for the final disposition of human remains incompliance with public health and safety laws and in a mannerthat prevents the spread of infectious disease.
As added by P.L.246-1985, SEC.1. Amended by P.L.207-1993,SEC.3; P.L.237-1995, SEC.6.
IC 25-15-2-18
"Human remains"
Sec. 18. "Human remains" means any part of the body of adeceased individual. The term includes human remains that havebeen cremated.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-19
"Licensee"
Sec. 19. "Licensee" means a person that has been issued a licenseunder this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-20
"Outer burial container"
Sec. 20. "Outer burial container" means any container that isdesigned for placement in a grave around a casket or alternativecontainer. The term includes a burial vault, grave box, or grave liner.As added by P.L.246-1985, SEC.1.
IC 25-15-2-21
"Person"
Sec. 21. "Person" includes a partnership, limited liabilitycompany, corporation, trust, or other business association.
As added by P.L.246-1985, SEC.1. Amended by P.L.8-1993,SEC.381.
IC 25-15-2-22
"Practice of funeral service"
Sec. 22. As used in this chapter, "practice of funeral service"means:
(1) the application of the principles, methods, and techniques ofmortuary science to the delivery of funeral services;
(2) the counseling of individuals concerning methods andalternatives for the final disposition of human remains;
(3) the prevention of the spread of infectious and contagiousdisease from human remains; and
(4) compliance, in the delivery of funeral merchandise andservices, with laws relating to health, public safety, and theenvironment.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,SEC.7.
IC 25-15-2-23
"Practitioner"
Sec. 23. "Practitioner" means an individual who is a funeraldirector, an embalmer, or a funeral director intern.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-24
"Protection order"
Sec. 24. "Protection order" means an injunction or other orderissued by a tribunal of the issuing state or Indian tribe to prevent anindividual from:
(1) engaging in violent or threatening acts against;
(2) engaging in harassment of;
(3) engaging in contact or communication with; or
(4) being in physical proximity to;
another person. The term includes temporary and final orders issuedby civil and criminal courts.
As added by P.L.94-2010, SEC.7.