Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 21. A person that uses the title "funeral home", "undertaking parlor", "mortuary", "memorial chapel", or a variant of these titles without a funeral home license issued under this article commits a Class B infraction. As added by P.L.246-1985, SEC.7.

Sec. 22. A person that uses the title "funeral director", "mortician", "undertaker", "funeral service licensee", "funeral director intern", "embalmer", "funeral home manager", or a variant of any of these titles without a funeral director license or a funeral director intern lice…

Sec. 23. A person that renders or offers to render services to the public, if the words "funeral service", "funeral directing", "undertaking", "funeral", "funeral arrangement", "embalming", or a variant of these words is used to describe the services, without a license issued und…

Sec. 24. (a) This section does not apply to a person acting as an exempted person. (b) A person that engages in the practice of funeral service without a license issued under this article commits a Class B infraction. (c) A person that operates a funeral home without a funeral ho…

Sec. 25. A local health officer may issue a permit under IC 16-37-3-10 only to a funeral director acting as an agent or a funeral home licensee or another individual acting under the direct supervision of a funeral director who is an agent of a funeral home licensee. As added by …

Sec. 26. Any licensing requirement that is adopted by a state agency, other than the board, or a political subdivision for the purpose of regulating the operation of a funeral home or branch location or the practice of funeral service is void. As added by P.L.246-1985, SEC.7. Ame…

Sec. 4. A practitioner who, when selling or offering to sell funeral goods or funeral services to a consumer, fails to: (1) act compassionately; (2) disclose prices related to arranging a funeral; (3) answer questions, including telephone inquiries, accurately and to the reasonab…

Sec. 5. (a) This section does not apply to a practitioner acting as an exempted person. (b) A practitioner who, when selling funeral goods or services to a consumer, fails to give the consumer a written statement signed on behalf of a funeral home licensee by a funeral director t…

Sec. 6. (a) This section does not apply to a practitioner who is acting as an exempted person or an embalmer. (b) A practitioner who engages in the practice of funeral service may be disciplined under IC 25-1-11 if the practitioner: (1) does not act as the agent of one (1) or mor…

Sec. 7. A practitioner who fails to notify the board of a change in the practitioner's name or principal address of residence within thirty (30) days after the change may be disciplined under IC 25-1-11. As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993, SEC.13; P.L.214-19…

Sec. 8. (a) This section does not apply to a funeral director intern who is acting as an exempted person. (b) Except as provided in subsection (c), a funeral director intern may engage in the practice of funeral service or provide funeral services to the public if the funeral dir…

Sec. 9. (a) This section does not apply to an embalmer who is acting as an exempted person. (b) An embalmer who performs any funeral service other than embalming may be disciplined under IC 25-1-11. As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993, SEC.15; P.L.214-1993, S…

Sec. 1. (a) The board may impose sanctions for any of the following reasons: (1) A violation of IC 25-1-11-5, including: (A) a peer review rating of fail; or (B) an act or omission that is the basis of a peer review rating of fail; on any peer review report issued under this arti…

Sec. 2. In place of or in addition to any remedy specifically provided in IC 25-1-11, the board may require the following of a licensee: (1) To undergo a peer review. (2) To satisfactorily complete continuing professional education programs. As added by P.L.30-1993, SEC.7. Amende…

Sec. 4. (a) The accountant investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against violators of this article. The fund shall be administered by the Indiana pro…

Sec. 1. The commission shall exercise the commission's rulemaking powers according to the criteria set forth in, and the rules adopted under, this chapter. Rules and amendments are binding as of the date specified in each rule or amendment and have the same force and effect as pr…

Sec. 2. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. As added by P.L.135-2019, SEC.5.

Sec. 3. Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days before the meeting at which the rule will be considered and voted on is held, the commission shall file a notice of proposed rulemaking: (1) on the Internet web site of the co…

Sec. 4. The notice of proposed rulemaking must include all of the following: (1) The proposed time, date, and location of the meeting at which the rule will be considered and voted on. (2) The text of the proposed rule or amendment and the reason for the proposed rule. (3) A requ…

Sec. 5. (a) Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments. (b) Submitted information and documents described in subsection (a) must be made available to the public. As added by P.L.135-2019, SEC.5.

Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment. (b) The commission shall publish the place, time, and date of the scheduled public hearing. (c) A public hearing must be conducted in a manner providing ea…

Sec. 7. (a) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (b) The commission shall, by majority vote of all administrators, take fi…

Sec. 8. (a) For purposes of this section, an emergency rule is a rule that must be adopted immediately to do at least one (1) of the following: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or party state funds. (3) Meet a dead…

Sec. 9. (a) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. (b) Public notice of any revisions must be posted on the Internet web site of…

Sec. 1. (a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission. (b) The commission is an instrumentality of the compact states. (c) Venue is proper and judicial proceedings by or against the commission …

Sec. 2. (a) Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board. (b) The delegate shall be either: (1) a current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public …

Sec. 3. The commission shall have the following powers and duties: (1) Establish a code of ethics for the commission. (2) Establish the fiscal year of the commission. (3) Establish bylaws. (4) Maintain its financial records in accordance with the bylaws. (5) Meet and take such ac…

Sec. 4. (a) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. (b) The executive committee shall be composed of the following nine (9) members: (1) Seven (7) voting members who are elected by the commission from…

Sec. 5. (a) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in IC 25-43-10. (b) The commission or the executive committee or other committees of the commission may convene in a c…

Sec. 6. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, mat…

Sec. 7. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liab…

Sec. 1. (a) The auctioneer recovery fund is established for the purpose set out in this chapter. The fund shall be administered by the auctioneer commission. (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in …

Sec. 10. (a) If the commission is required to make any payment from the auctioneer recovery fund in settlement of a claim or toward the satisfaction of an order under this chapter, the commission shall suspend the judgment debtor's license. The licensee is not eligible to be lice…

Sec. 11. When the commission has ordered and caused payment to be made from the auctioneer recovery fund to a judgment creditor, the commission is subrogated to the rights of the judgment creditor with respect to the amount paid. As added by P.L.256-1987, SEC.4. Amended by P.L.13…

Sec. 12. Subject to the approval of the state budget agency, the auctioneer commission may expend the interest earned by the auctioneer recovery fund for: (1) information concerning the commission's activities and administrative rulings; (2) other educational information concerni…

Sec. 13. (a) The office of the attorney general shall provide the staff assistance necessary to: (1) enable the auctioneer commission to perform its duties under this chapter; and (2) enforce this chapter. (b) Expenses incurred by the office of the attorney general under this sec…

Sec. 2. (a) If the total amount in the auctioneer recovery fund (including principal and interest) is less than three hundred sixty thousand dollars ($360,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the auctioneer commission shall assess …

Sec. 2.1. If the total amount in the auctioneer recovery fund (including principal and interest) exceeds five hundred fifty thousand dollars ($550,000) at the end of a state fiscal year after the payment of all claims and expenses, the amount in excess of five hundred fifty thous…

Sec. 3. Any interest earned on investment of money in the auctioneer recovery fund shall be credited at least annually to the fund. No money may be appropriated from the state general fund for payment of any expenses incurred under this chapter, and none of these expenses may be …

Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against any licensee to recover damages for failure to meet the obligations of a licensee under this article and the rules adopted under this article (with or without findings by the auctioneer commission) …

Sec. 5. (a) If the payment in full of two (2) or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the fifty thousand dollar ($50,000) limit set forth in section 4 of this chapter, the fifty thousand dollars ($50,000) shall…

Sec. 6. Any auctioneer or auction company that is licensed or renews a license under this article after December 31, 1987, and upon whom personal service cannot be made with reasonable diligence shall be considered to have appointed the commission as the licensee's agent for serv…

Sec. 7. An order for payment from the auctioneer recovery fund may not be issued unless the action to recover from the auctioneer recovery fund was commenced within one (1) year after the termination of all proceedings against the licensee for failure to meet the obligations of a…

Sec. 8. (a) When any person files an application for an order directing payment from the auctioneer recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the auctioneer recovery fund, as provided in se…

Sec. 9. Upon an order of the commission directing that payment be made out of the auctioneer recovery fund, the commission shall, subject to sections 4 through 5 of this chapter, make the payment out of the auctioneer recovery fund as provided in section 5 of this chapter. As add…

Sec. 1. The board may suspend, refuse to renew the license of, revoke the license of, reprimand, or place on probation a licensed professional geologist when the licensed professional geologist is found responsible by the board for any of the following: (1) Fraud or deceit in obt…