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.