CHAPTER 9. STATE BOARD OF FUNERAL AND CEMETERY SERVICE; EDUCATION FUND; CEMETERY REGISTRATION
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 isestablished.
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 offour (4) years.
(2) The commissioner of the state department of health or thecommissioner's designee.
(b) The board shall elect a chairman from the board's ownmembership every two (2) years to serve a term of two (2) years. Thechairman shall be elected alternately from those board membersappointed 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 belicensed funeral directors, in good standing, without any associationwith a school of mortuary science other than as a preceptor orsupervisor 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 activein the cemetery industry in Indiana, either as an owner or a managerof 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 beresidents of Indiana who are not associated with the practice offuneral 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 membersmay 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 thestate board of funeral service or the state board of embalmers andfuneral directors. A member of the board may serve until themember'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 funeralor burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized underIC 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 orservices under IC 30-2-13.
(3) Determine compliance with this article by persons engagedin the sale and payment of funeral or burial services ormerchandise 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 personengaged in the sale and payment of funeral or burial services ormerchandise 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 notto exceed one thousand dollars ($1,000) for each violation,
except for a finding of incompetency due to a physical ormental disability. When imposing a civil penalty, the boardshall consider the seller's ability to pay the amount assessed.If the seller fails to pay the civil penalty within the timespecified by the board, the board may suspend the seller'scertificate of authority without additional proceedings.However, a suspension may not be imposed if the sole basisfor the suspension is the seller's inability to pay a civilpenalty.
(H) Refer the matter to the attorney general or prosecutingattorney for enforcement.
(7) In addition to any actions taken under subdivision (6),permanently revoke a seller's certificate of authority, if theseller demonstrates a pattern or practice of violating thefollowing provisions:
(A) The requirement under IC 30-2-13-12 that all propertypaid or delivered to fund a contract for prepaid services ormerchandise be irrevocably deposited to trust or escrowthirty (30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaserto 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 departmentof 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 funeralservice.
(B) Establish sanitation standards for the construction andequipping 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 licenseunder this article.
(4) Provide all examinations under this article.
(5) License all applicants who meet the requirements ofIC 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 licensedunder 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 underIC 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 amountnot to exceed one thousand dollars ($1,000) for eachviolation, except for a finding of incompetency due to aphysical or mental disability. When imposing a civil penalty,the board shall consider a licensee's ability to pay theamount assessed. If the licensee fails to pay the civil penaltywithin the time specified by the board, the board maysuspend the licensee's license without additionalproceedings. However, a suspension may not be imposed ifthe sole basis for the suspension is the licensee's inability topay a civil penalty.
(H) Refer the matter to the attorney general or theprosecuting attorney for enforcement.
(8) The board shall suspend the license of a funeral homelicensee who employs a person who:
(A) holds an inactive funeral director license (as describedin IC 25-15-4-6); and
(B) engages in the practice of funeral services or providesfuneral services to the public (as described in IC 25-15-2-17or 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 ofhealth 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, ifnecessary, 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 underIC 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 eachviolation, except for a finding of incompetency due to aphysical or mental disability. When imposing a civil penalty,the board shall consider a cemetery owner's ability to pay theamount assessed.
(F) Refer the matter to the attorney general or prosecutingattorney 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 actionis adopted by at least six (6) of the board's members. However,cemetery members may not vote on any matter involving section 9of this chapter, and funeral director members may not vote on anymatter involving section 10 of this chapter. When either cemetery orfuneral director members are ineligible to vote, an official action ofthe board is valid if the action is adopted by at least four (4) of theboard'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 officersshall cooperate with the board to enforce the sanitation standardsadopted 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 forthe following purposes:
(1) To supplement the funding for a program of inspectionadministered by the funeral director, consumer, and statedepartment of health members of the board under section 9 ofthis chapter.
(2) To fund educational projects of the funeral director,consumer, and state department of health members of the boarddirected toward funeral directors and embalmers.
(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 notcurrently 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 notrevert to the state general fund. If the amount of money in the fundat the close of a fiscal year exceeds forty thousand dollars ($40,000),the treasurer of state shall transfer the excess from the fund into thestate general fund.
As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992,SEC.771.
IC 25-15-9-14
Fees and gifts; collection and distribution
Sec. 14. The Indiana professional licensing agency shall collectall fees required under this article and gifts received by the board andat 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 fordeposit as follows:
(A) An amount established by the board and not exceedingfive dollars ($5) per license issued under this article in thefuneral service education fund.
(B) Gifts dedicated to the funeral service education fund inthat fund.
(C) The remainder, after deducting the amounts described inclause (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 stateemployee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Such a member is also entitled to reimbursementfor travel expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the department ofadministration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitledto reimbursement for travel expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the department ofadministration 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, expensesapproved by the funeral director, consumer, and state department ofhealth members of the board for payment from the funeral serviceeducation 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 underIC 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 healthmembers of the board shall impose a registration fee for eachgeographic location of a cemetery to which this section applies thatis equal to the combined total of fees charged under IC 25-15 for one(1) funeral home license and one (1) individual funeral director'slicense.
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 Version a
Priority of persons determining final disposition and interment ofhuman remains; persons prohibited from being an authorizedagent
Note: This version of section amended by P.L.101-2010, SEC.3.See also following version of this section amended by P.L.94-2010,SEC.8.
Sec. 18. (a) Except as provided in subsection (b), the followingpersons, in the order of priority indicated, have the authority todesignate the manner, type, and selection of the final disposition andinterment of human remains:
(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) andcompleted the form.
(2) An individual granted the authority in a health care powerof 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.
(4) The decedent's surviving adult child. If more than one (1)adult child is surviving, any adult child who confirms in writingthat the other adult children have been notified, unless thelicensed funeral director or licensed funeral home receives awritten objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survivedby both parents, either parent has the authority unless thelicensed funeral director or licensed funeral home receives awritten objection 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 survives, any person ofthat degree has the authority unless the licensed funeral directoror licensed funeral home receives a written objection 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:
(A) If none of the persons identified in subdivisions (1)through (6) is available:
(i) a public administrator, including a responsibletownship 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 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 insubsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize ordesignate the manner, type, or selection of the final disposition andinternment of human remains.
(c) The coroner, in consultation with the law enforcement agencyinvestigating the death of the decedent, shall inform the cemeteryowner or crematory authority of the determination under subsection(b)(2).
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.
IC 25-15-9-18 Version b
Priority of persons determining final disposition and interment ofhuman remains; persons prohibited from being an authorizedagent
Note: This version of section amended by P.L.94-2010, SEC.8.See also preceding version of this section amended by P.L.101-2010,SEC.3.
Sec. 18. (a) Except as provided in subsection (b), the followingpersons, in the order of priority indicated, have the authority todesignate the manner, type, and selection of the final disposition andinterment of human remains:
(1) An individual granted the authority in a funeral planningdeclaration executed by the decedent under IC 29-2-19.
(2) An individual granted the authority in a health care powerof 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 child. If more than one (1)adult child is surviving, any adult child who confirms in writingthat the other adult children have been notified, unless thelicensed funeral director or licensed funeral home receives awritten objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survivedby both parents, either parent has the authority unless thelicensed funeral director or licensed funeral home receives awritten objection 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 survives, any person ofthat degree has the authority unless the licensed funeral directoror licensed funeral home receives a written objection 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:
(A) If none of the persons identified in subdivisions (1)through (6) is available:
(i) a public administrator, including a responsibletownship 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 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 insubsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize ordesignate the manner, type, or selection of the final disposition andinternment of human remains.
(c) The coroner, in consultation with the law enforcement agencyinvestigating the death of the decedent, shall inform the cemeteryowner or crematory authority of the determination under subsection(b)(2).
(d) If the decedent had filed a protection order against a persondescribed in subsection (a) and the protection order is currently ineffect, the person described in subsection (a) may not authorize ordesignate the manner, type, or selection of the final disposition andinterment of human remains.
(e) A law enforcement agency shall determine if the protectionorder is in effect. If the law enforcement agency cannot determine theexistence of a protection order that is in effect, the law enforcementagency shall consult the protective order registry established underIC 5-2-9-5.5.
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.94-2010,SEC.8.