Sec. 1. (a) A licensee that:
(1) promotes or participates in a scheme or plan in the nature of a burial association, burial certificate plan, or burial membership plan;
(2) after an individual has died, personally or through an agent solicits, makes, or offers to make a direct or an indirect payment of a commission for the purpose of securing the individual's human remains;
(3) fails to promptly surrender possession of human remains after receiving a demand from the person legally entitled to custody of the human remains;
(4) transports or disposes of human remains without a permit required by law;
(5) takes possession of human remains without authorization from the person legally entitled to custody of the human remains;
(6) makes a misleading claim concerning the protective qualities of a casket, an alternative container, or an outer burial container;
(7) shows a casket, an alternative container, or an outer burial container to a consumer if the casket, alternative container, or outer burial container does not have a conspicuously displayed card or brochure that lists the price of the casket, alternative container, or outer burial container and briefly describes the casket, alternative container, or outer burial container; or
(8) is found to have accepted payment by assignment of third party life insurance proceeds for at-need funeral services performed for more than the amount of the contracted funeral expenses arranged for by an authorizing agent;
may be disciplined under IC 25-1-11.
(b) Subsection (a)(8) does not apply to funeral trust funds under IC 30-2-10 and IC 30-2-13.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993, SEC.6; P.L.214-1993, SEC.46; P.L.47-2019, SEC.1.
Structure Indiana Code
Title 25. Professions and Occupations
Article 15. Embalmers and Funeral Directors
Chapter 8. Grounds for Discipline; Sanctions by Board; Violations
25-15-8-1. Grounds for Discipline of Licensees
25-15-8-1.5. Discipline of Licensee for Display of Revoked or Expired Credentials
25-15-8-2. Funeral Home Licenses; Grounds for Discipline
25-15-8-4. Selling Funeral Goods or Services; Grounds for Discipline
25-15-8-5. Statements of Price and Terms; Grounds for Discipline
25-15-8-6. Practitioners of Funeral Services; Grounds for Discipline
25-15-8-7. Notice of Change in Practitioner's Name or Address
25-15-8-8. Funeral Director Interns
25-15-8-10. Funeral Directors Engaging in Embalming
25-15-8-11. Funeral Directors; Management of Funeral Home; Failure to File Affidavits
25-15-8-12. Funeral Directors; Management of Funeral Home; Violations as Grounds for Discipline
25-15-8-19. Injunctions; Applications for Orders
25-15-8-20. Injunctions or Orders; Bonds
25-15-8-21. Use of Certain Titles Without Funeral Home License; Infraction
25-15-8-23. Use of Certain Words to Describe Funeral Services by Person Without License; Infraction
25-15-8-24. Practice of Funeral Service or Operation of Funeral Home Without License; Infraction