CHAPTER 8. GROUNDS FOR DISCIPLINE; SANCTIONS BY BOARD; VIOLATIONS
IC 25-15-8
Chapter 8. Grounds for Discipline; Sanctions by Board;Violations
IC 25-15-8-1
Grounds for discipline of licensees
Sec. 1. A licensee that:
(1) promotes or participates in a scheme or plan in the nature ofa burial association, burial certificate plan, or burialmembership plan;
(2) after an individual has died, personally or through an agentsolicits, makes, or offers to make a direct or an indirect paymentof a commission for the purpose of securing the individual'shuman remains;
(3) fails to promptly surrender possession of human remainsafter receiving a demand from the person legally entitled tocustody of the human remains;
(4) transports or disposes of human remains without a permitrequired by law;
(5) takes possession of human remains without authorizationfrom the person legally entitled to custody of the humanremains;
(6) makes a misleading claim concerning the protectivequalities of a casket, an alternative container, or an outer burialcontainer; or
(7) shows a casket, an alternative container, or an outer burialcontainer to a consumer if the casket, alternative container, orouter burial container does not have a conspicuously displayedcard or brochure that lists the price of the casket, alternativecontainer, or outer burial container and briefly describes thecasket, alternative container, or outer burial container;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.6; P.L.214-1993, SEC.46.
IC 25-15-8-1.5
Discipline of licensee for display of revoked or expired credentials
Sec. 1.5. The board may discipline a licensee under IC 25-1-11 ifthat licensee displays to the public credentials issued by the boardthat:
(1) have been revoked by the board; or
(2) have expired.
As added by P.L.240-1985, SEC.9. Amended by P.L.207-1993,SEC.7; P.L.214-1993, SEC.47.
IC 25-15-8-2
Funeral home licenses; grounds for discipline
Sec. 2. A funeral home licensee who itself or through an officer,an agent, an employee, or an independent contractor:
(1) operates a funeral home or a branch location in the same
location as another funeral home licensee;
(2) operates a funeral home at any location or branch locationwithout a separate funeral home license or branch locationlicense for that location;
(3) operates a funeral home or a branch location without amanager who:
(A) has a funeral director license; and
(B) has filed an affidavit with the board acknowledging thatthe individual is the manager of the funeral home or thebranch location;
(4) operates a funeral home or branch location without havinga funeral director either perform or directly supervise each actof funeral service performed for the funeral home or a branchlocation;
(5) fails to conspicuously display the certificate of licensureissued to the funeral home licensee and the certificate oflicensure or a duplicate original of the certificate of licensureissued to the funeral director managing the funeral home or thebranch location in a public area of the funeral home or thebranch location;
(6) fails to annually report to the board:
(A) if the licensee is a sole proprietor, the name of thefuneral home or the branch location and principal address ofresidence of the funeral home licensee;
(B) the location of the funeral home or the branch location;
(C) if the licensee is not a sole proprietor, the names andprincipal addresses of residences of the directors or otherexecutive officers of the funeral home licensee;
(D) the name of the manager in charge of the funeral homeor the branch location;
(E) the name and principal address of residence of eachpractitioner that has engaged in the practice of funeralservices for the funeral home or the branch location in thepreceding twelve (12) months and the period of time duringwhich the practitioner worked for the funeral home or thebranch location; and
(F) any other information required by the board;
(7) knowingly violates any rule of construction, equipping, oroperation for funeral homes or branch locations adopted by theboard under IC 25-15-9-8;
(8) engages in the practice of funeral service or provides funeralservices to the public under an inactive license (as described inIC 25-15-4-6);
(9) permits a person other than a funeral director to engage inthe practice of funeral service or the provision of funeralservices to the public or otherwise violates any provision of thischapter; or
(10) misrepresents the quality or character of:
(A) any service or merchandise sold by a competitor; or
(B) any professional practice of a competitor;may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.48-1991,SEC.29; P.L.207-1993, SEC.8; P.L.214-1993, SEC.48; P.L.1-1994,SEC.125; P.L.237-1995, SEC.15.
IC 25-15-8-3
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-4
Selling funeral goods or services; grounds for discipline
Sec. 4. A practitioner who, when selling or offering to sell funeralgoods or funeral services to a consumer, fails to:
(1) act compassionately;
(2) disclose prices related to arranging a funeral;
(3) answer questions, including telephone inquiries, accuratelyand to the reasonable satisfaction of the inquiring person;
(4) disclose that embalming human remains is not alwaysrequired by law but may be desirable if viewing or visitationprecedes disposition;
(5) explain which outer burial containers meet cemeteryrequirements, if any;
(6) explain requirements, including cremation requirements, forcaskets and other alternative containers; or
(7) disclose whether the cash advance price of each:
(A) funeral goods or funeral service described by thepractitioner as "cash advance", "accommodation", or "cashdisbursement", or a similar term; and
(B) goods or service obtained from a third party and paid onbehalf of the consumer by the funeral home licensee forwhich the practitioner is an agent;
is equal to the cost of the item to the funeral home selling it;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.10; P.L.214-1993, SEC.49.
IC 25-15-8-5
Statements of price and terms; grounds for discipline
Sec. 5. (a) This section does not apply to a practitioner acting asan exempted person.
(b) A practitioner who, when selling funeral goods or services toa consumer, fails to give the consumer a written statement signed onbehalf of a funeral home licensee by a funeral director that includes:
(1) an itemized description of each funeral goods and funeralservice for which the consumer has contracted and either theprice of each item or the package price for all of the items;
(2) an itemized description of any supplemental goods andservices that the consumer has the option to purchase from thefuneral home licensee and the price for each item;
(3) an indication of the contract items on which the funeral
home licensee is advancing credit and the amount of the creditbeing advanced;
(4) the total cost to the consumer of the contract items; and
(5) a description of the method of payment agreed upon;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.11; P.L.214-1993, SEC.50.
IC 25-15-8-6
Practitioners of funeral services; grounds for discipline
Sec. 6. (a) This section does not apply to a practitioner who isacting as an exempted person or an embalmer.
(b) A practitioner who engages in the practice of funeral servicemay be disciplined under IC 25-1-11 if the practitioner:
(1) does not act as the agent of one (1) or more funeral homelicensees;
(2) fails to register with the board in which funeral homes thepractitioner is performing services and for which funeral homelicensees the practitioner is an agent; or
(3) fails to notify the board to cancel a registration described insubdivision (2), if the practitioner ceases to perform services ina funeral home or for a funeral home licensee.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.12; P.L.214-1993, SEC.51.
IC 25-15-8-7
Notice of change in practitioner's name or address
Sec. 7. A practitioner who fails to notify the board of a change inthe practitioner's name or principal address of residence within thirty(30) days after the change may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.13; P.L.214-1993, SEC.52.
IC 25-15-8-8
Funeral director interns
Sec. 8. (a) This section does not apply to a funeral director internwho is acting as an exempted person.
(b) Except as provided in subsection (c), a funeral director internmay engage in the practice of funeral service or provide funeralservices to the public if the funeral director intern is acting under thedirect supervision of a person holding a funeral director's license.Direct supervision means that:
(1) a licensed funeral director supervising an intern who isperforming duties not requiring counseling is physically presentin the facility where the intern is performing the duties; or
(2) a funeral director supervising an intern who is counseling isphysically present in the same room with the intern andcounselee.
(c) A funeral director intern who engages in the practice offuneral service or provides funeral services to the public without the
direct supervision of a funeral director may be disciplined underIC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.14; P.L.214-1993, SEC.53; P.L.237-1995, SEC.16.
IC 25-15-8-9
Embalmers
Sec. 9. (a) This section does not apply to an embalmer who isacting as an exempted person.
(b) An embalmer who performs any funeral service other thanembalming may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.15; P.L.214-1993, SEC.54.
IC 25-15-8-10
Funeral directors engaging in embalming
Sec. 10. (a) This section does not apply to a funeral director whois acting as an exempted person.
(b) A funeral director who:
(1) is qualified to engage in the practice of funeral service onlyunder IC 25-15-4-3(d) and not under IC 25-15-4-3(b) orIC 25-15-4-3(c); and
(2) engages in embalming;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.16; P.L.214-1993, SEC.55.
IC 25-15-8-11
Funeral directors; management of funeral home; failure to fileaffidavits
Sec. 11. A funeral director who:
(1) manages a funeral home without filing an affidavit with theboard acknowledging that the funeral director is the manager ofthe funeral home; or
(2) fails to file an affidavit with the board indicating that thefuneral director is no longer the manager of a funeral homewhen the funeral director ceases to manage the funeral home;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.17; P.L.214-1993, SEC.56.
IC 25-15-8-12
Funeral directors; management of funeral home; violations asgrounds for discipline
Sec. 12. A funeral director who has an affidavit on file with theboard indicating that the individual is the manager of a funeral homeand no affidavit on file with the board indicating that the individualhas ceased to be its manager may be disciplined under IC 25-1-11 if:
(1) the funeral home that the funeral director is registered tomanage commits a violation under section 1 or 2 of this chapter,
other than section 2(3) of this chapter; or
(2) a practitioner acting as an agent of the funeral home that thefuneral director is registered to manage commits a violationunder sections 4 through 11 of this chapter.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,SEC.18; P.L.214-1993, SEC.57.
IC 25-15-8-13
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-14
Repealed
(Repealed by P.L.207-1993, SEC.35 and P.L.214-1993, SEC.91.)
IC 25-15-8-15
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-16
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-17
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-18
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-19
Injunctions; applications for orders
Sec. 19. If a violation of any of sections 21 through 26 of thischapter is being committed:
(1) the board in its own name;
(2) the board in the name of the state;
(3) the attorney general in the name of the state, at the requestof the board; or
(4) the prosecuting attorney of the county in which the violationoccurs, at the request of the board, and in the name of the state;
may apply for an order enjoining the violation from the circuit courtof the county in which the violation occurs.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-20
Injunctions or orders; bonds
Sec. 20. Upon a showing that a person has violated any of sections21 through 26 of this chapter, the court may grant without bond aninjunction, restraining order, or other appropriate order.As added by P.L.246-1985, SEC.7.
IC 25-15-8-21
Use of certain titles without funeral home license; infraction
Sec. 21. A person that uses the title "funeral home", "undertakingparlor", "mortuary", "memorial chapel", or a variant of these titleswithout a funeral home license issued under this article commits aClass B infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-22
Use of certain titles without funeral director or funeral directorintern license; infraction
Sec. 22. A person that uses the title "funeral director","mortician", "undertaker", "funeral service licensee", "funeraldirector intern", "embalmer", "funeral home manager", or a variantof any of these titles without a funeral director license or a funeraldirector intern license issued under this article commits a Class Binfraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-23
Use of certain words to describe funeral services by person withoutlicense; infraction
Sec. 23. A person that renders or offers to render services to thepublic, if the words "funeral service", "funeral directing","undertaking", "funeral", "funeral arrangement", "embalming", or avariant of these words is used to describe the services, without alicense issued under this article commits a Class B infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-24
Practice of funeral service or operation of funeral home withoutlicense; infraction
Sec. 24. (a) This section does not apply to a person acting as anexempted person.
(b) A person that engages in the practice of funeral servicewithout a license issued under this article commits a Class Binfraction.
(c) A person that operates a funeral home without a funeral homelicense issued under this article commits a Class B infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-25
Issuance of permit under IC 16-37-3-10
Sec. 25. A local health officer may issue a permit underIC 16-37-3-10 only to a funeral director acting as an agent or afuneral home licensee or another individual acting under the directsupervision of a funeral director who is an agent of a funeral homelicensee.As added by P.L.246-1985, SEC.7. Amended by P.L.2-1993,SEC.138.
IC 25-15-8-26
Other licensing requirements void
Sec. 26. Any licensing requirement that is adopted by a stateagency, other than the board, or a political subdivision for thepurpose of regulating the operation of a funeral home or branchlocation or the practice of funeral service is void.
As added by P.L.246-1985, SEC.7. Amended by P.L.237-1995,SEC.11.