Title 25, PROFESSIONS AND OCCUPATIONS

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 Indiana department of health members of the board shall impose a registratio…

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 of human remains, to make arrangements for funeral services, and to make other ce…

Sec. 19. (a) An individual who signs an authorization for the cremation, interment, entombment, or inurnment of human remains: (1) is considered to warrant the truthfulness of: (A) any fact set forth in the authorization; (B) the identity of the person for whose remains cremation…

Sec. 2. (a) The board consists of five (5) members as follows: (1) Four (4) members appointed by the governor. (2) Subject to IC 25-1-6.5-3, one (1) member who must: (A) be a resident of Indiana; and (B) not be associated with the practice of funeral service or cemetery operation…

Sec. 3. Subject to IC 25-1-6.5-3, two (2) 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. 4. Subject to IC 25-1-6.5-3, two (2) 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. Amended by P.L.249-2019, SEC.74.

Sec. 6. Not more than three (3) of the board's appointed members may be affiliated with the same political party. As added by P.L.48-1991, SEC.31. Amended by P.L.249-2019, SEC.76.

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) I…

Sec. 9. 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 fo…

Sec. 1. (a) The board may, upon receipt of a complaint or other information suggesting a violation of this article or IC 25-1-11, conduct an investigation to determine whether a violation has occurred. (b) The board shall investigate any complaint made by the board of accountancy…

Sec. 2. (a) The board may designate a member or other individual of appropriate competence to serve as investigating officer to conduct an investigation. (b) After the completion of an investigation, the investigating officer shall file a report with the board. (c) Unless the boa…

Sec. 3. (a) If the board has reason to believe that the subject of an investigation has committed a violation of this article or IC 25-1-11: (1) the board shall direct that a complaint be issued under IC 25-1-7, if the subject of the investigation is a licensee; and (2) the board…

Sec. 4. (a) This section applies to a licensee that receives a peer review rating of fail for a peer review conducted under IC 25-2.1-5-8. (b) The following definitions apply throughout this section: (1) "Administering entity" refers to the body established or sanctioned by the b…

Sec. 5. An: (1) entity administering a peer review program; (2) officer, member, or employee of an entity administering a peer review program; (3) employee or member of a peer review committee; and (4) entity in which or for which a member of a peer review committee is a sole pro…

Sec. 1. (a) A person that knowingly engages or aids and abets another person, in the practice of podiatric medicine without a license issued under this article commits unauthorized practice of podiatric medicine, a Level 6 felony. (b) A person who otherwise violates this article …

Sec. 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. As added by P.L.135-2019, SEC.5.

Sec. 10. (a) The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of this compact. (b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the f…

Sec. 2. The commission: (1) is entitled to receive service of process in a proceeding that may affect the powers, responsibilities, or actions of the commission; and (2) has standing to intervene in a proceeding described in subdivision (1) for all purposes. Failure to provide se…

Sec. 3. If the commission determines that a party state has defaulted in the performance of the party state's obligations or responsibilities under this compact or the promulgated rules, the commission shall: (1) provide written notice to the defaulting state and other party stat…

Sec. 4. (a) If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on t…

Sec. 5. Termination of membership in this compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor of the defaulting state and to the executive officer o…

Sec. 6. A state whose membership in this compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. As added by P.L.13…

Sec. 7. The commission does not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated, unless agreed upon in writing between the commission and the defaulting state. As added by P.L.135-2019, SEC.5.

Sec. 8. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district in which the commission has the commission's principal offices. The prevailing party must be awarded all costs…

Sec. 9. (a) Upon request by a party state, the commission shall attempt to resolve disputes related to this compact that arise among party states and between party and nonparty states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute res…

Sec. 1. The commission shall provide for the development, maintenance, and utilization of a coordinated data base and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. As added by P.L.21-2023, SEC.1.

Sec. 2. A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse acti…

Sec. 3. Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states. As added by P.L.21-2023, SEC.1.

Sec. 4. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state. As added by …

Sec. 5. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. As added by P.L.21-2023, SEC.1.

Sec. 6. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. As added by P.L.21-2023, SEC.1.

Sec. 1. (a) Except as provided in sections 7 and 9 of this chapter, an individual who applies for license renewal under IC 25-6.1-3-2 must complete sixteen (16) actual hours of continuing education every four (4) years from course providers that are approved by the commission. (b…

Sec. 10. (a) The commission may grant an applicant an inactive auctioneer license if the auctioneer submits a written application to the commission requesting that the auctioneer license be classified as inactive. (b) An auctioneer granted an inactive license under this section m…

Sec. 2. To obtain approval as a continuing education sponsor, a sponsor must do the following: (1) Provide the commission information on courses, curriculum, and facilities as determined by the commission. (2) Provide each participant who successfully completes an approved course…

Sec. 3. A continuing education sponsor that has received approval under section 2 of this chapter must maintain records for five (5) years of the participants who successfully complete and pass each course. If the sponsor ceases operations, the owner shall place the records in th…

Sec. 4. (a) The approval for a sponsor expires February 28 each even-numbered year. (b) A sponsor must submit: (1) a letter requesting renewal of approval; and (2) the renewal fee; at least thirty (30) days before the sponsor's approval expires. As added by P.L.238-1995, SEC.3.…

Sec. 5. The commission may inspect an approved sponsor's records and facilities. As added by P.L.238-1995, SEC.3.

Sec. 6. (a) A person may advertise that the person's course is approved by the commission and fulfills the requirements of the commission. (b) A person may not advertise that the sponsor or the sponsor's course is required or recommended by the commission. As added by P.L.238-199…

Sec. 6.5. The licensing agency may hire an education officer who reports directly to the director of the licensing agency to oversee routine and ongoing compliance with the continuing education requirements of this chapter. As added by P.L.59-2014, SEC.15.

Sec. 7. A licensee who is initially licensed in the fourth year of a renewal period is exempt from the continuing education requirement under this chapter for that renewal period. As added by P.L.238-1995, SEC.3. Amended by P.L.194-2005, SEC.22.

Sec. 8. An applicant for renewal must certify on the application that the applicant: (1) has complied with the continuing education requirement; (2) is exempt from the continuing education requirement because the individual has been licensed for less than one (1) year; or (3) has…

Sec. 9. The commission may grant an applicant a waiver from all or part of the continuing education requirement for the renewal period if the applicant was not able to fulfill the requirement due to a hardship that resulted from any of the following conditions: (1) Service in the…

Sec. 1. If requested, an administrative adjudication of a determination made by the board under IC 25-17.6-3-7, IC 25-17.6-4, or IC 25-17.6-8-1 must be conducted before an administrative law judge appointed by the office of administrative law proceedings. As added by P.L.161-1996…

Sec. 2. The parties to the proceeding include: (1) the person taking administrative review of the determination by the board; and (2) the board. As added by P.L.161-1996, SEC.2.

Sec. 3. An administrative law judge appointed under this chapter is the ultimate authority for the board under IC 4-21.5-5. As added by P.L.161-1996, SEC.2.

Sec. 4. A party who is dissatisfied with a final order rendered by an administrative law judge may take judicial review under IC 4-21.5-5. As added by P.L.161-1996, SEC.2.