Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 11. As used in this chapter, "crematory" means a building or structure, including a holding facility where human remains are or are intended to be cremated. As added by P.L.231-1995, SEC.2.

Sec. 12. As used in this chapter, "crematory authority" means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations. As added by P.L.231-1995, SEC.2.

Sec. 13. As used in this chapter, "disposition" means the cremation or other disposition of a dead human body or a part of a dead human body. As added by P.L.231-1995, SEC.2.

Sec. 14. As used in this chapter, "funeral home" means a place that is licensed under IC 25-15 where: (1) human remains are prepared for a funeral or disposition; (2) human remains are held for disposition; and (3) funerals are conducted or provided. As added by P.L.231-1995, SEC…

Sec. 15. As used in this chapter, "holding facility" means an area that: (1) is designated for the retention of human remains before cremation, including a cremation room; (2) complies with all applicable public health laws; and (3) preserves the health and safety of the cremator…

Sec. 16. As used in this chapter, "human remains" means the body or a part of the body of an individual, including human remains that have been cremated. As added by P.L.231-1995, SEC.2.

Sec. 17. As used in this chapter, "niche" means a space in a columbarium that is used or intended to be used for the interment of cremated human remains of one (1) or more deceased individuals. As added by P.L.231-1995, SEC.2.

Sec. 18. As used in this chapter, "scattering" means the final disposition of cremated human remains under section 44(a)(3) of this chapter. As added by P.L.231-1995, SEC.2. Amended by P.L.173-1996, SEC.1.

Sec. 19. As used in this chapter, "scattering area" means a designated area on dedicated cemetery property where cremated remains that have been removed from their container can be mixed with or placed on top of the soil or ground cover. As added by P.L.231-1995, SEC.2.

Sec. 2. As used in this chapter, "authorizing agent" means a person legally entitled to order the cremation and final disposition of specific human remains. As added by P.L.231-1995, SEC.2.

Sec. 20. As used in this chapter, "temporary container" means a receptacle: (1) for cremated remains; (2) that is composed of cardboard, plastic, or similar material; (3) that can be secured to prevent leakage or spillage of the cremated remains or the entrance of foreign materia…

Sec. 21. As used in this chapter, "urn" means a receptacle designed to encase cremated remains. As added by P.L.231-1995, SEC.2.

Sec. 22. (a) A person, a corporation, a limited liability company, a partnership, or any other business entity that is registered under this section may erect, maintain, and operate a crematory. (b) To register to erect, maintain, or operate a crematory, an applicant must complet…

Sec. 23. (a) A crematory shall obtain all necessary licenses and permits from appropriate local, state, or federal agencies. (b) A crematory may be constructed on or adjacent to a cemetery, a funeral home, or another location if allowed by local zoning ordinances. As added by P.L…

Sec. 24. (a) Each crematory authority shall file an annual report with the board. The report must include any changes in the information required under section 22 of this chapter or a statement indicating that no changes have occurred. (b) Except as provided in subsection (c), th…

Sec. 25. Upon reasonable notice, the board may inspect all records relating to the registration and annual report of the crematory authority required to be filed under this chapter. As added by P.L.231-1995, SEC.2.

Sec. 26. (a) Except as provided in subsection (c), the following persons, in the priority listed, have the right to serve as an authorizing agent: (1) A person: (A) granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19; or (B) …

Sec. 27. (a) Except as provided in subsection (c), a crematory authority shall not cremate human remains until the authority has received the following: (1) A cremation authorization form provided by the crematory authority, signed by an authorizing agent, containing the followin…

Sec. 28. (a) If the authorizing agent is not available to execute a cremation authorization form in person, the authorizing agent may delegate the authority to another person in writing, including a facsimile transmission, telegram, or other electronic transmission. (b) A written…

Sec. 29. (a) Except for the information required under section 27(a)(1)(F) of this chapter, an authorizing agent who signs a cremation authorization form certifies that the facts on the cremation authorization form are true and that the authorizing agent has authority to order th…

Sec. 3. As used in this chapter, "board" means the state board of funeral and cemetery service established by IC 25-15-9-1. As added by P.L.231-1995, SEC.2.

Sec. 30. (a) Except as provided in section 36 of this chapter, a crematory authority may cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent. (b) In the absence of gross negligence or noncompliance with this chapter, a crematory aut…

Sec. 31. After an authorizing agent has executed a cremation authorization form, the authorizing agent may revoke the authorization and instruct the crematory authority to cancel the cremation and to release or deliver the human remains to another crematory authority or funeral h…

Sec. 32. (a) The crematory authority shall furnish a receipt to the funeral director or the funeral director's representative who delivers human remains to the crematory authority. The receipt must: (1) be signed by both the crematory authority and the funeral director or the fun…

Sec. 33. (a) A crematory authority shall maintain at the authority's place of business a permanent record of each cremation that took place at the facility. The record must contain the name of the decedent and the date of the cremation. (b) The crematory authority shall maintain …

Sec. 34. Each cemetery shall maintain a record of all cremated remains: (1) that are disposed of on the cemetery's property; (2) that have been properly transferred to the cemetery; and (3) for which the cemetery has issued a receipt acknowledging the transfer of the cremated rem…

Sec. 35. (a) A crematory authority shall not require that human remains be placed in a casket before cremation or that human remains be cremated in a casket. (b) A crematory authority shall not accept human remains unless the remains are delivered to the crematory authority in a …

Sec. 36. (a) Except: (1) when waived in writing by the city or county health officer where the death occurred; or (2) as provided in subsection (d); human remains shall not be cremated less than forty-eight (48) hours after the time of death as indicated on the medical certificat…

Sec. 37. When a crematory authority is unable to or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility. As added by P.L.231-1995, SEC.2.

Sec. 38. The casket or the alternative container containing the human remains must be cremated with the human remains or destroyed unless the crematory authority has notified the authorizing agent to the contrary on the cremation authorization form and obtained the written consen…

Sec. 39. (a) Except as provided in IC 16-21-11-6 and IC 16-34-3-4, a crematory authority shall not perform the simultaneous cremation of the human remains of more than one (1) individual within the same cremation chamber unless it has obtained the prior written consent of the aut…

Sec. 4. As used in this chapter, "body part" means: (1) a limb or other part of the human anatomy that is removed for medical purposes, treatment, surgery, biopsy, autopsy, or medical research; or (2) a human body or a portion of a human body that has been donated to science for …

Sec. 40. After each cremation, all the recoverable residue of the cremation process that it is practical to recover must be removed from the cremation chamber. As added by P.L.231-1995, SEC.2.

Sec. 41. If all of the recovered cremated remains will not fit in the receptacle that has been selected, the remainder of the cremated remains must be placed in a separate, additional container and returned to the funeral home or funeral director for return to the authorizing age…

Sec. 42. (a) Cremated remains may only be shipped by a method that has an internal tracing system that provides a receipt signed by the person accepting delivery. (b) A crematory authority shall maintain an identification system that ensures that the authority can identify the hu…

Sec. 43. The authorizing agent is responsible for the decision concerning final disposition of the cremated remains in accordance with sections 44 and 45 of this chapter. The funeral director is not liable for an act of the authorizing agent. As added by P.L.231-1995, SEC.2.

Sec. 44. (a) Cremated remains may be retained by the person having legal control over the remains or may be disposed of in any of the following manners: (1) Placing the remains in a grave, niche, or crypt. (2) Scattering the remains in a scattering area. (3) Disposing of the rema…

Sec. 45. (a) After completion of the cremation process, if a crematory authority existing on cemetery property has not been instructed to arrange for the interment, entombment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver the cremated re…

Sec. 46. Except with the express written permission of the authorizing agent, a person shall not do the following: (1) Dispose of cremated remains in a manner or location that commingles the cremated remains with the cremated remains of another individual. This prohibition does n…

Sec. 47. A crematory authority that has received an executed cremation authorization form and any additional documentation required under section 27 of this chapter is not liable for civil damages arising from the cremation of the human remains designated by the cremation authori…

Sec. 48. (a) A crematory authority is not liable for civil damages for refusing to accept human remains or refusing to perform a cremation until the crematory authority receives a court order or other suitable confirmation that a dispute has been settled, if the authority: (1) is…

Sec. 49. (a) If a crematory authority is aware of a dispute concerning the release or disposition of cremated remains, the crematory authority shall release the remains to the funeral director or funeral home until the dispute has been resolved. (b) A crematory authority is not l…

Sec. 5. As used in this chapter, "burial transit permit" means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12. As added by P.L.231-1995, SEC.2.

Sec. 50. A crematory authority is not responsible or liable for prosthetic devices or valuables delivered to the crematory authority with or integral to human remains, unless the crematory authority has received written instructions under section 27(a)(1)(I) or 27(a)(1)(J) of thi…

Sec. 51. A cemetery is not liable for cremated remains that are dumped, scattered, or otherwise deposited at the cemetery in violation of this chapter if the action is taken without the cemetery's consent. As added by P.L.231-1995, SEC.2.

Sec. 52. (a) Except as provided in subsections (b), (c), and (d), a person that knowingly or intentionally violates this chapter commits a Class B misdemeanor. (b) A person that knowingly or intentionally: (1) performs a cremation without receipt of a cremation authorization form…