CHAPTER 31. CREMATION
IC 23-14-31
Chapter 31. Cremation
IC 23-14-31-1
"Alternative container" defined
Sec. 1. As used in this chapter, "alternative container" means a
rigid or nonrigid receptacle or other enclosure that:
(1) is made of a nonmetallic material;
(2) does not have ornamentation or an inner lining;
(3) may be closed adequately to provide a complete covering
for human remains;
(4) is resistant to leakage or spillage;
(5) is rigid enough for handling with ease; and
(6) provides protection for the health, safety, and personal
integrity of crematory personnel.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-2
"Authorizing agent" defined
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.
IC 23-14-31-3
"Board" defined
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.
IC 23-14-31-4
"Body part" defined
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 medical research purposes.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-5
"Burial transit permit" defined
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.
IC 23-14-31-6
"Casket" defined
Sec. 6. As used in this chapter, "casket" means a rigid enclosure
that:
(1) is made of wood, metal, or other material;
(2) is ornamented;
(3) has a fixed or nonfixed inner lining; and
(4) is designed to encase human remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-7
"Cremated remains" defined
Sec. 7. As used in this chapter, "cremated remains" means all
human remains recovered after the completion of the cremation of a
human body or body part, including the residue of any foreign
materials, nonmetallic casket material, dental work, or eyeglasses
that were cremated with the human remains but excluding any
prosthetic or medical device.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-8
"Cremation" defined
Sec. 8. As used in this chapter, "cremation" means the
incineration of the body of a deceased person or a body part of a
nondeceased person and the mechanical or manual reduction of
identifiable bone fragments to unidentifiable bone fragments.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-9
"Cremation chamber" defined
Sec. 9. As used in this chapter, "cremation chamber" means the
enclosed space where the cremation takes place.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-10
"Cremation room" defined
Sec. 10. As used in this chapter, "cremation room" means the
room where the cremation chamber is located.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-11
"Crematory" defined
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.
IC 23-14-31-12
"Crematory authority" defined
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.
IC 23-14-31-13
"Disposition" defined
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.
IC 23-14-31-14
"Funeral home" defined
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.2.
IC 23-14-31-15
"Holding facility" defined
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 crematory authority
personnel.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-16
"Human remains" defined
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.
IC 23-14-31-17
"Niche" defined
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.
IC 23-14-31-18
"Scattering" defined
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.
IC 23-14-31-19
"Scattering area" defined
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.
IC 23-14-31-20
"Temporary container" defined
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 material; and
(4) that is a single container of sufficient size to hold the
cremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-21
"Urn" defined
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.
IC 23-14-31-22
Operating crematories; registration application
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 complete an application for registration as a
crematory authority on a form furnished by the board that contains
the following information:
(1) The name and address of the applicant as follows:
(A) If the applicant is an individual, the full name and
address, including both residential and business addresses,
of the applicant.
(B) If the applicant is a partnership, the full name and
address of each partner.
(C) If the applicant is a limited liability company, the full
name and address of each manager and member.
(D) If the applicant is a corporation, the name and address of
each officer, director, and shareholder holding at least
twenty-five percent (25%) of the corporation's stock.
(2) The address and location of the crematory.
(3) Any other information the board may reasonably require.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-23
Licenses and permits; construction of crematories
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.231-1995, SEC.2.
IC 23-14-31-24
Annual report
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), the annual report must
be filed not later than ninety (90) days after the end of the fiscal year
of the crematory authority.
(c) If the fiscal year of a crematory authority is not the calendar
year, the crematory authority shall file the annual report within
seventy-five (75) days after the end of the crematory authority's fiscal
year.
(d) If a crematory authority files a written request for an extension
and demonstrates good cause for the extension, the board shall grant
an extension of not more than sixty (60) days for filing the annual
report.
(e) If a crematory authority fails to submit an annual report to the
board within the time specified in subsection (c) or (d), the board
may take any of the actions allowed by IC 25-15-9.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-25
Inspection of records
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.
IC 23-14-31-26
Authorizing agent; persons prohibited from being an authorizing
agent
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) An individual granted the authority to serve in a funeral
planning declaration executed by the decedent under
IC 29-2-19, or the person named in a United States Department
of Defense form "Record of Emergency Data" (DD Form 93) or
a successor form adopted by the United States Department of
Defense, if the decedent died while serving in any branch of the
United States Armed Forces (as defined in 10 U.S.C. 1481) and
completed the form.
(2) An individual granted the authority to serve in a health care
power of attorney executed by the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the
time of the decedent's death.
(4) The decedent's surviving adult children. If more than one (1)
adult child is surviving, any adult child who confirms in writing
that the other adult children have been notified, unless the
crematory authority receives a written objection to the
cremation from another adult child.
(5) The decedent's surviving parent. If the decedent is survived
by both parents, either parent may serve as the authorizing agent
unless the crematory authority receives a written objection to
the cremation from the other parent.
(6) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent. If more than
one (1) individual of the same degree is surviving, any person
of that degree may serve as the authorizing agent unless the
crematory authority receives a written objection to the
cremation from one (1) or more persons of the same degree.
(7) In the case of an indigent or other individual whose final
disposition is the responsibility of the state or township, the
following may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (6) are available:
(i) a public administrator, including a responsible
township trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
However, an indigent decedent may not be cremated if a
surviving family member objects to the cremation or if
cremation would be contrary to the religious practices of the
deceased individual as expressed by the individual or the
individual's family.
(8) In the absence of any person under subdivisions (1) through
(7), any person willing to assume the responsibility as the
authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be
cremated, a representative of the institution that has arranged with
the crematory authority to cremate the body part may serve as the
authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the
operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement
agency investigating the death of the decedent, determines that
there is a reasonable suspicion that a person described in
subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as the
authorizing agent.
(d) The coroner, in consultation with the law enforcement agency
investigating the death of the decedent, shall inform the crematory
authority of the determination referred to in subsection (c)(2).
As added by P.L.231-1995, SEC.2. Amended by P.L.102-2007,
SEC.1; P.L.143-2009, SEC.5; P.L.101-2010, SEC.1.
IC 23-14-31-27
Authorization procedure; immunity from liability; exceptions
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
following information:
(A) The identity of the human remains and the time and date
of death.
(B) The name of the funeral director who obtained the
cremation authorization.
(C) The name of the authorizing agent and the relationship
between the authorizing agent and the decedent.
(D) A statement by the authorizing agent that the authorizing
agent:
(i) has the right to authorize the cremation of the decedent;
(ii) is not aware of any person who has a superior priority
right to that of the authorizing agent; or
(iii) if the authorizing agent is aware that there is another
person who has a superior priority right to that of the
authorizing agent, a statement that the authorizing agent
has made all reasonable efforts to contact the person, has
been unable to contact the person, and has no reason to
believe that the person would object to the cremation of
the decedent.
(E) Authorization for the crematory authority to cremate the
human remains.
(F) A statement that the human remains do not contain a
pacemaker or any other material or implant or radiation
producing device that may be potentially hazardous or cause
damage to the cremation chamber or the individual
performing the cremation. The authorization form may state
that the funeral director is not liable for damages caused by
a pacemaker or other implanted device that was not
disclosed to the funeral director or of which the funeral
director could not reasonably be aware.
(G) The name of the funeral director authorized to receive
the cremated remains from the crematory authority or, if the
crematory is on cemetery property, the cemetery authorized
to receive cremated remains.
(H) The manner in which final disposition of the cremated
remains is to take place, if known. If the cremation
authorization form does not specify final disposition in a
grave, niche, or scattering area, the form may indicate that
the cremated remains will be held by the crematory authority
for not longer than thirty (30) days from the date of
cremation before the remains are released. The form may
indicate that the crematory authority shall return cremated
remains that have not been disposed of within thirty (30)
days to the funeral director or funeral home of record who
shall hold them for not longer than sixty (60) days from the
date of cremation before disposing of the cremated remains
either as previously authorized or, if there is no
authorization, in any legal manner. The funeral home has no
liability for:
(i) disposing of cremated remains in any manner permitted
by law if the remains have been held; or
(ii) holding the cremated remains;
in excess of the sixty (60) days permitted under this clause
if the authorizing agent fails to claim the remains during the
sixty (60) day period. The funeral home must first send
written notice by certified mail return receipt requested to
the authorizing agent explaining the intentions of the funeral
home regarding the disposal of or holding of the cremated
remains in order for the funeral home to be immune from
liability under this clause.
(I) A statement confirming the identity of the valuables
belonging to the decedent previously taken and being held
by the funeral director or the funeral home.
(J) A statement prohibiting the crematory from selling
nonorganic material recovered from the human remains.
(K) A statement that the authorizing agent has made specific
arrangements for any viewing of the decedent before
cremation, or for a service with the decedent present before
cremation. If a viewing or service is planned, the date and
time of the viewing or service and whether the crematory
authority is authorized to proceed with the cremation upon
receipt of the human remains.
(L) The signature of the authorizing agent, attesting to the
accuracy of all representations contained on the cremation
authorization form.
(2) A completed and executed burial transit permit provided by
the local health officer to the funeral director indicating that the
human remains are to be cremated.
(3) A copy of:
(A) the completed and executed certificate of death; or
(B) a release for cremation by the coroner if an investigation
of the circumstances of the deceased person's death came
under the authority of the coroner, but the release does not
constitute an authorization as required by this chapter.
(b) The cremation authorization form required under subsection
(a)(1) must be signed by the funeral director who obtained the
cremation authorization. The funeral director shall execute the
cremation authorization form as a witness and is not responsible for
the representations made by the authorizing agent unless the funeral
director has actual knowledge of a false or inaccurate representation.
The funeral director shall certify to the crematory that the human
remains delivered to the crematory authority are the human remains
identified by the authorizing agent on the cremation authorization
form.
(c) Notwithstanding subsection (a)(3)(A), a death certificate is not
required for the cremation of the remains of a person:
(1) who died in another state; and
(2) whose remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of cremation at an Indiana crematory;
if the funeral director or funeral director's agent obtains the
documents required for cremation by the state in which the death
occurred. However, if final disposition of the human remains is to
occur in Indiana, the provisions of subsection (a)(3)(A) shall apply.
As added by P.L.231-1995, SEC.2. Amended by P.L.174-1996,
SEC.1; P.L.52-1997, SEC.5; P.L.169-2003, SEC.1.
IC 23-14-31-28
Delegation of authority; immunity for reliance on cremation
authorization form
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 delegation of authority of an authorizing agent must
include:
(1) the name, address, and relationship of the authorizing agent
to the decedent; and
(2) the name and address of the person to whom authority is
delegated.
(c) A person authorized under subsections (a) and (b) may serve
as the authorizing agent and execute the cremation authorization
form.
(d) A crematory authority is not liable for relying on a cremation
authorization form executed in compliance with this section.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-29
Effect of signing cremation authorization form; responsibility for
final disposition
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 the cremation.
(b) An authorizing agent who signs a cremation authorization
form is personally liable for damages resulting from authorizing the
cremation.
(c) The authorizing agent is responsible for the final disposition
of a decedent's cremated remains. The crematory authority may hold
the cremated remains for not longer than the thirty (30) day period
under section 45 of this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-30
Crematory authority; liability for cremation or disposition
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 authority is not liable for:
(1) cremating human remains according to an authorization; or
(2) releasing or disposing of the cremated remains according to
an authorization form.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-31
Cancellation by authorizing agent and instructions for alternative
disposition
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 home. The instructions must be
provided to the crematory authority in writing. A crematory authority
must comply with instructions given to the authority by an
authorizing agent under this section if the crematory authority
receives the instructions before beginning the cremation of the
human remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-32
Receipts provided by crematory authority
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 funeral director's representative who delivers the
human remains; and
(2) contain the following information:
(A) The date and time of the delivery.
(B) The type of casket or alternative container that was
delivered.
(C) The name of the person from whom the human remains
were received and the name of the funeral home or other
entity with whom the person is affiliated.
(D) The name of the person who received the human
remains on behalf of the crematory authority.
(E) The name of the decedent.
(b) Upon the release of cremated remains, the crematory authority
shall furnish a receipt to the person who receives the cremated
remains from the crematory authority. The receipt must be signed by
both the crematory authority and the person who receives the
cremated remains and must contain the following information:
(1) The date and time of the release.
(2) The name of the person who received the cremated remains
and the name of the funeral home, cemetery, or other entity with
whom the person is affiliated.
(3) The name of the person who released the cremated remains
on behalf of the crematory authority.
(4) The name of the decedent.
(c) The crematory authority shall retain a copy of each receipt
under this section in the authority's permanent records.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-33
Crematory authority records
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 a record of all
cremated remains disposed of by the crematory authority under
section 49 of this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-34
Cemetery records
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 remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-35
Casket requirements; acceptance of human remains
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 casket or an
alternative container. However, a crematory authority may not
require that the human remains be delivered in a casket.
(c) A crematory authority shall not refuse to accept human
remains for cremation because the human remains are not embalmed.
(d) A crematory authority shall not accept a casket or an
alternative container if there is evidence of the leakage of body
fluids.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-36
Time; human remains containing hazardous materials; exceptions
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 certificate of death
or the coroner's certificate.
(b) Except as provided in subsection (a), unless the crematory
authority has received specific instructions to the contrary on the
cremation authorization form, a crematory authority may schedule
the actual cremation to be performed at the authority's convenience
at any time after the human remains have been delivered to the
crematory authority.
(c) A crematory authority shall not cremate human remains when
the authority has actual knowledge that the human remains contain
a pacemaker or other material or implant that may be potentially
hazardous to the individual performing the cremation.
(d) The mandatory delay of forty-eight (48) hours imposed by
subsection (a) does not apply to the cremation of the remains of a
person:
(1) who died in another state; and
(2) whose remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of cremation at an Indiana crematory;
if the funeral director or funeral director's agent obtains the
documents required for cremation by the state in which the death
occurred.
As added by P.L.231-1995, SEC.2. Amended by P.L.52-1997, SEC.6.
IC 23-14-31-37
Use of holding facilities
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.
IC 23-14-31-38
Destruction or cremation of casket or alternative container
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 consent of the authorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-39
Simultaneous cremations
Sec. 39. (a) 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 authorizing agents.
(b) Subsection (a) does not prevent the simultaneous cremation
within the same cremation chamber of body parts delivered to the
crematory authority from multiple sources, or the use of cremation
equipment that contains more than one (1) cremation chamber.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-40
Removal of recoverable residue
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.
IC 23-14-31-41
Additional containers for cremated remains
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 agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-42
Shipment of cremated remains
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 human remains in the
authority's possession throughout all phases of the cremation process.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-43
Responsibility for final disposition
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.
IC 23-14-31-44
Legal control and disposition; forms concerning disposal
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 remains in any manner if:
(A) the remains are reduced to a particle size of one-eighth
(1/8) inch or less; and
(B) the disposal is made on the property of a consenting
owner, on uninhabited public land, or on a waterway.
(b) The state department of health shall adopt forms for recording
the following information concerning the disposal of cremated
human remains on the property of a consenting owner:
(1) The date and manner of the disposal of the remains.
(2) The legal description of the property where the remains
were disposed of.
The owner of the property where the cremated remains were
disposed of and the person having legal control over the remains
shall attest to the accuracy of the information supplied on the forms.
The owner of the property where the cremated remains were
disposed of shall record the forms with the county recorder of the
county in which the property is located and shall return the form and
the burial transit permit described in IC 16-37-3, within ten (10) days
after the remains are disposed of.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-45
Disposition of cremated remains where no instructions exist
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 remains to the funeral director of record not
later than thirty (30) days after the date of cremation. The delivery
may be made in person or by registered mail. After delivery of the
cremated remains, the crematory authority is discharged from any
legal obligation or liability concerning the disposition of the
cremated remains.
(b) A funeral director may hold remains returned by a crematory
authority for not longer than sixty (60) days from the date of
cremation and may dispose of the remains as previously arranged, or
if no arrangement has been made, at the end of sixty (60) days, in any
legal manner.
(c) A funeral director and crematory authority shall observe
religious practices or preferences specified by the authorizing agent.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-46
Commingling of cremated remains
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 not apply to the
scattering of cremated remains at sea or in the air.
(2) Place the cremated remains of more than one (1) individual
in the same temporary container or urn.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-47
Liability for cremation designated by authorization
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 authorization form if the cremation is performed in
accordance with this chapter.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-48
Liability for nonacceptance or nonperformance
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 aware of a dispute concerning the cremation of the human
remains;
(2) has a reasonable basis for questioning any of the
representations made by the authorizing agent; or
(3) refuses to accept the human remains for any other lawful
reason.
(b) A crematory authority is not required to accept human remains
for cremation.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-49
Disputes concerning cremated remains; liability for refusing
release
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 liable for refusing to release or
dispose of cremated remains in accordance with this section.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-50
Responsibility for prosthetic devices or valuables; resale of caskets
or medical devices
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 this chapter. A crematory authority shall not resell caskets or
prosthetic or medical devices obtained as a result of cremation or
from cremated remains.
As added by P.L.231-1995, SEC.2.
IC 23-14-31-51
Liability of cemeteries
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.
IC 23-14-31-52
Violations; offenses
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 signed by an authorizing agent;
(2) signs a cremation authorization form that the individual
knows contains false or incorrect information; or
(3) violates a cremation procedure under sections 36 through 42
of this chapter;
commits a Class D felony.
(c) A crematory authority that knowingly represents to an
authorizing agent or the agent's designee that a temporary container
or urn contains the cremated remains of a specific decedent when the
container or urn does not commits a Class D felony.
(d) A person:
(1) who:
(A) professes to the public to be a crematory authority; or
(B) operates a building or structure in Indiana as a
crematory;
without being registered under section 22 of this chapter; or
(2) who fails to file an annual report required under section 24
of this chapter;
commits a Class A misdemeanor.
As added by P.L.231-1995, SEC.2. Amended by P.L.169-2003,
SEC.2.
IC 23-14-31-53
Injunction actions
Sec. 53. If a crematory authority:
(1) refuses to file or neglects to file an annual report under
section 24 of this chapter;
(2) fails to comply with the registration requirements under
section 22 of this chapter; or
(3) refuses to comply with the record inspection requirements
under section 25 of this chapter;
the board may maintain an action in the name of the state of Indiana
to enjoin the crematory authority from performing cremations.
As added by P.L.231-1995, SEC.2.