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 is
established. 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 of
four (4) years.
(2) The commissioner of the state department of health or the
commissioner's designee.
(b) The board shall elect a chairman from the board's own
membership every two (2) years to serve a term of two (2) years. The
chairman shall be elected alternately from those board members
appointed 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 be
licensed funeral directors, in good standing, without any association
with a school of mortuary science other than as a preceptor or
supervisor 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 active
in the cemetery industry in Indiana, either as an owner or a manager
of 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 be
residents of Indiana who are not associated with the practice of
funeral 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 members
may 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 the
state board of funeral service or the state board of embalmers and
funeral directors. A member of the board may serve until the
member'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 funeral
or burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized under
IC 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 or
services under IC 30-2-13.
(3) Determine compliance with this article by persons engaged
in the sale and payment of funeral or burial services or
merchandise 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 person
engaged in the sale and payment of funeral or burial services or
merchandise 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 not
to exceed one thousand dollars ($1,000) for each violation,
except for a finding of incompetency due to a physical or
mental disability. When imposing a civil penalty, the board
shall consider the seller's ability to pay the amount assessed.
If the seller fails to pay the civil penalty within the time
specified by the board, the board may suspend the seller's
certificate of authority without additional proceedings.
However, a suspension may not be imposed if the sole basis
for the suspension is the seller's inability to pay a civil
penalty.
(H) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
(7) In addition to any actions taken under subdivision (6),
permanently revoke a seller's certificate of authority, if the
seller demonstrates a pattern or practice of violating the
following provisions:
(A) The requirement under IC 30-2-13-12 that all property
paid or delivered to fund a contract for prepaid services or
merchandise be irrevocably deposited to trust or escrow
thirty (30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaser
to 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 department
of 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 funeral
service.
(B) Establish sanitation standards for the construction and
equipping 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 license
under this article.
(4) Provide all examinations under this article.
(5) License all applicants who meet the requirements of
IC 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 licensed
under 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 under
IC 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 amount
not to exceed one thousand dollars ($1,000) for each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a licensee's ability to pay the
amount assessed. If the licensee fails to pay the civil penalty
within the time specified by the board, the board may
suspend the licensee's license without additional
proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the licensee's inability to
pay a civil penalty.
(H) Refer the matter to the attorney general or the
prosecuting attorney for enforcement.
(8) The board shall suspend the license of a funeral home
licensee who employs a person who:
(A) holds an inactive funeral director license (as described
in IC 25-15-4-6); and
(B) engages in the practice of funeral services or provides
funeral services to the public (as described in IC 25-15-2-17
or 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 of
health 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, 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 under
IC 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 each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a cemetery owner's ability to pay the
amount assessed.
(F) Refer the matter to the attorney general or prosecuting
attorney 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 action
is adopted by at least six (6) of the board's members. However,
cemetery members may not vote on any matter involving section 9
of this chapter, and funeral director members may not vote on any
matter involving section 10 of this chapter. When either cemetery or
funeral director members are ineligible to vote, an official action of
the board is valid if the action is adopted by at least four (4) of the
board'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 officers
shall cooperate with the board to enforce the sanitation standards
adopted 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 for
the following purposes:
(1) To supplement the funding for a program of inspection
administered by the funeral director, consumer, and state
department of health members of the board under section 9 of
this chapter.
(2) To fund educational projects of the funeral director,
consumer, and state department of health members of the board
directed 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 not
currently 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 not
revert to the state general fund. If the amount of money in the fund
at the close of a fiscal year exceeds forty thousand dollars ($40,000),
the treasurer of state shall transfer the excess from the fund into the
state 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 collect
all fees required under this article and gifts received by the board and
at 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 for
deposit as follows:
(A) An amount established by the board and not exceeding
five dollars ($5) per license issued under this article in the
funeral service education fund.
(B) Gifts dedicated to the funeral service education fund in
that fund.
(C) The remainder, after deducting the amounts described in
clause (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 state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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, expenses
approved by the funeral director, consumer, and state department of
health members of the board for payment from the funeral service
education 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 under
IC 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 health
members of the board shall impose a registration fee for each
geographic location of a cemetery to which this section applies that
is equal to the combined total of fees charged under IC 25-15 for one
(1) funeral home license and one (1) individual funeral director's
license. 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under
IC 29-2-19, or the person named in a United States Department
of Defense form "Record of Emergency Data" (DD Form 93) or
a successor form adopted by the United States Department of
Defense, if the decedent died while serving in any branch of the
United States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority in a funeral planning
declaration executed by the decedent under IC 29-2-19.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination under subsection
(b)(2).
(d) If the decedent had filed a protection order against a person
described in subsection (a) and the protection order is currently in
effect, the person described in subsection (a) may not authorize or
designate the manner, type, or selection of the final disposition and
interment of human remains.
(e) A law enforcement agency shall determine if the protection
order is in effect. If the law enforcement agency cannot determine the
existence of a protection order that is in effect, the law enforcement
agency shall consult the protective order registry established under
IC 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.
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 is
established. 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 of
four (4) years.
(2) The commissioner of the state department of health or the
commissioner's designee.
(b) The board shall elect a chairman from the board's own
membership every two (2) years to serve a term of two (2) years. The
chairman shall be elected alternately from those board members
appointed 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 be
licensed funeral directors, in good standing, without any association
with a school of mortuary science other than as a preceptor or
supervisor 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 active
in the cemetery industry in Indiana, either as an owner or a manager
of 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 be
residents of Indiana who are not associated with the practice of
funeral 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 members
may 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 the
state board of funeral service or the state board of embalmers and
funeral directors. A member of the board may serve until the
member'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 funeral
or burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized under
IC 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 or
services under IC 30-2-13.
(3) Determine compliance with this article by persons engaged
in the sale and payment of funeral or burial services or
merchandise 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 person
engaged in the sale and payment of funeral or burial services or
merchandise 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 not
to exceed one thousand dollars ($1,000) for each violation,
except for a finding of incompetency due to a physical or
mental disability. When imposing a civil penalty, the board
shall consider the seller's ability to pay the amount assessed.
If the seller fails to pay the civil penalty within the time
specified by the board, the board may suspend the seller's
certificate of authority without additional proceedings.
However, a suspension may not be imposed if the sole basis
for the suspension is the seller's inability to pay a civil
penalty.
(H) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
(7) In addition to any actions taken under subdivision (6),
permanently revoke a seller's certificate of authority, if the
seller demonstrates a pattern or practice of violating the
following provisions:
(A) The requirement under IC 30-2-13-12 that all property
paid or delivered to fund a contract for prepaid services or
merchandise be irrevocably deposited to trust or escrow
thirty (30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaser
to 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 department
of 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 funeral
service.
(B) Establish sanitation standards for the construction and
equipping 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 license
under this article.
(4) Provide all examinations under this article.
(5) License all applicants who meet the requirements of
IC 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 licensed
under 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 under
IC 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 amount
not to exceed one thousand dollars ($1,000) for each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a licensee's ability to pay the
amount assessed. If the licensee fails to pay the civil penalty
within the time specified by the board, the board may
suspend the licensee's license without additional
proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the licensee's inability to
pay a civil penalty.
(H) Refer the matter to the attorney general or the
prosecuting attorney for enforcement.
(8) The board shall suspend the license of a funeral home
licensee who employs a person who:
(A) holds an inactive funeral director license (as described
in IC 25-15-4-6); and
(B) engages in the practice of funeral services or provides
funeral services to the public (as described in IC 25-15-2-17
or 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 of
health 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, 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 under
IC 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 each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a cemetery owner's ability to pay the
amount assessed.
(F) Refer the matter to the attorney general or prosecuting
attorney 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 action
is adopted by at least six (6) of the board's members. However,
cemetery members may not vote on any matter involving section 9
of this chapter, and funeral director members may not vote on any
matter involving section 10 of this chapter. When either cemetery or
funeral director members are ineligible to vote, an official action of
the board is valid if the action is adopted by at least four (4) of the
board'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 officers
shall cooperate with the board to enforce the sanitation standards
adopted 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 for
the following purposes:
(1) To supplement the funding for a program of inspection
administered by the funeral director, consumer, and state
department of health members of the board under section 9 of
this chapter.
(2) To fund educational projects of the funeral director,
consumer, and state department of health members of the board
directed 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 not
currently 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 not
revert to the state general fund. If the amount of money in the fund
at the close of a fiscal year exceeds forty thousand dollars ($40,000),
the treasurer of state shall transfer the excess from the fund into the
state 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 collect
all fees required under this article and gifts received by the board and
at 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 for
deposit as follows:
(A) An amount established by the board and not exceeding
five dollars ($5) per license issued under this article in the
funeral service education fund.
(B) Gifts dedicated to the funeral service education fund in
that fund.
(C) The remainder, after deducting the amounts described in
clause (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 state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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, expenses
approved by the funeral director, consumer, and state department of
health members of the board for payment from the funeral service
education 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 under
IC 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 health
members of the board shall impose a registration fee for each
geographic location of a cemetery to which this section applies that
is equal to the combined total of fees charged under IC 25-15 for one
(1) funeral home license and one (1) individual funeral director's
license. 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under
IC 29-2-19, or the person named in a United States Department
of Defense form "Record of Emergency Data" (DD Form 93) or
a successor form adopted by the United States Department of
Defense, if the decedent died while serving in any branch of the
United States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority in a funeral planning
declaration executed by the decedent under IC 29-2-19.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination under subsection
(b)(2).
(d) If the decedent had filed a protection order against a person
described in subsection (a) and the protection order is currently in
effect, the person described in subsection (a) may not authorize or
designate the manner, type, or selection of the final disposition and
interment of human remains.
(e) A law enforcement agency shall determine if the protection
order is in effect. If the law enforcement agency cannot determine the
existence of a protection order that is in effect, the law enforcement
agency shall consult the protective order registry established under
IC 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.
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 is
established. 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 of
four (4) years.
(2) The commissioner of the state department of health or the
commissioner's designee.
(b) The board shall elect a chairman from the board's own
membership every two (2) years to serve a term of two (2) years. The
chairman shall be elected alternately from those board members
appointed 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 be
licensed funeral directors, in good standing, without any association
with a school of mortuary science other than as a preceptor or
supervisor 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 active
in the cemetery industry in Indiana, either as an owner or a manager
of 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 be
residents of Indiana who are not associated with the practice of
funeral 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 members
may 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 the
state board of funeral service or the state board of embalmers and
funeral directors. A member of the board may serve until the
member'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 funeral
or burial services or merchandise in advance of need.
(B) Establish the terms of contracts authorized under
IC 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 or
services under IC 30-2-13.
(3) Determine compliance with this article by persons engaged
in the sale and payment of funeral or burial services or
merchandise 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 person
engaged in the sale and payment of funeral or burial services or
merchandise 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 not
to exceed one thousand dollars ($1,000) for each violation,
except for a finding of incompetency due to a physical or
mental disability. When imposing a civil penalty, the board
shall consider the seller's ability to pay the amount assessed.
If the seller fails to pay the civil penalty within the time
specified by the board, the board may suspend the seller's
certificate of authority without additional proceedings.
However, a suspension may not be imposed if the sole basis
for the suspension is the seller's inability to pay a civil
penalty.
(H) Refer the matter to the attorney general or prosecuting
attorney for enforcement.
(7) In addition to any actions taken under subdivision (6),
permanently revoke a seller's certificate of authority, if the
seller demonstrates a pattern or practice of violating the
following provisions:
(A) The requirement under IC 30-2-13-12 that all property
paid or delivered to fund a contract for prepaid services or
merchandise be irrevocably deposited to trust or escrow
thirty (30) days after the contract is signed.
(B) The prohibition against knowingly inducing a purchaser
to 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 department
of 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 funeral
service.
(B) Establish sanitation standards for the construction and
equipping 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 license
under this article.
(4) Provide all examinations under this article.
(5) License all applicants who meet the requirements of
IC 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 licensed
under 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 under
IC 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 amount
not to exceed one thousand dollars ($1,000) for each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a licensee's ability to pay the
amount assessed. If the licensee fails to pay the civil penalty
within the time specified by the board, the board may
suspend the licensee's license without additional
proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the licensee's inability to
pay a civil penalty.
(H) Refer the matter to the attorney general or the
prosecuting attorney for enforcement.
(8) The board shall suspend the license of a funeral home
licensee who employs a person who:
(A) holds an inactive funeral director license (as described
in IC 25-15-4-6); and
(B) engages in the practice of funeral services or provides
funeral services to the public (as described in IC 25-15-2-17
or 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 of
health 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, 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 under
IC 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 each
violation, except for a finding of incompetency due to a
physical or mental disability. When imposing a civil penalty,
the board shall consider a cemetery owner's ability to pay the
amount assessed.
(F) Refer the matter to the attorney general or prosecuting
attorney 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 action
is adopted by at least six (6) of the board's members. However,
cemetery members may not vote on any matter involving section 9
of this chapter, and funeral director members may not vote on any
matter involving section 10 of this chapter. When either cemetery or
funeral director members are ineligible to vote, an official action of
the board is valid if the action is adopted by at least four (4) of the
board'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 officers
shall cooperate with the board to enforce the sanitation standards
adopted 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 for
the following purposes:
(1) To supplement the funding for a program of inspection
administered by the funeral director, consumer, and state
department of health members of the board under section 9 of
this chapter.
(2) To fund educational projects of the funeral director,
consumer, and state department of health members of the board
directed 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 not
currently 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 not
revert to the state general fund. If the amount of money in the fund
at the close of a fiscal year exceeds forty thousand dollars ($40,000),
the treasurer of state shall transfer the excess from the fund into the
state 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 collect
all fees required under this article and gifts received by the board and
at 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 for
deposit as follows:
(A) An amount established by the board and not exceeding
five dollars ($5) per license issued under this article in the
funeral service education fund.
(B) Gifts dedicated to the funeral service education fund in
that fund.
(C) The remainder, after deducting the amounts described in
clause (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 state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration 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, expenses
approved by the funeral director, consumer, and state department of
health members of the board for payment from the funeral service
education 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 under
IC 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 health
members of the board shall impose a registration fee for each
geographic location of a cemetery to which this section applies that
is equal to the combined total of fees charged under IC 25-15 for one
(1) funeral home license and one (1) individual funeral director's
license. 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under
IC 29-2-19, or the person named in a United States Department
of Defense form "Record of Emergency Data" (DD Form 93) or
a successor form adopted by the United States Department of
Defense, if the decedent died while serving in any branch of the
United States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner 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 of
human remains; persons prohibited from being an authorized
agent
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 following
persons, in the order of priority indicated, have the authority to
designate the manner, type, and selection of the final disposition and
interment of human remains:
(1) An individual granted the authority in a funeral planning
declaration executed by the decedent under IC 29-2-19.
(2) An individual granted the authority in a health care power
of 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 writing
that the other adult children have been notified, unless the
licensed funeral director or licensed funeral home receives a
written objection from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent has the authority unless the
licensed funeral director or licensed funeral home receives a
written objection from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree survives, any person of
that degree has the authority unless the licensed funeral director
or 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 final
disposition is the responsibility of the state or township, the
following:
(A) If none of the persons identified in subdivisions (1)
through (6) is available:
(i) a public administrator, including a responsible
township 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 the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or
designate the manner, type, or selection of the final disposition and
internment of human remains.
(c) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the cemetery
owner or crematory authority of the determination under subsection
(b)(2).
(d) If the decedent had filed a protection order against a person
described in subsection (a) and the protection order is currently in
effect, the person described in subsection (a) may not authorize or
designate the manner, type, or selection of the final disposition and
interment of human remains.
(e) A law enforcement agency shall determine if the protection
order is in effect. If the law enforcement agency cannot determine the
existence of a protection order that is in effect, the law enforcement
agency shall consult the protective order registry established under
IC 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.
