CHAPTER 2. DEFINITIONS
IC 25-15-2
Chapter 2. Definitions
IC 25-15-2-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-2
"Alternative container"
Sec. 2. "Alternative container" means a rigid or nonrigid
receptacle or other enclosure that:
(1) is made of a nonmetallic material; and
(2) does not have ornamentation or an inner lining.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-3
"Board"
Sec. 3. "Board" means the state board of funeral and cemetery
service.
As added by P.L.246-1985, SEC.1. Amended by P.L.48-1991,
SEC.27.
IC 25-15-2-3.5
"Branch location"
Sec. 3.5. As used in this chapter, "branch location" means a
physical structure:
(1) that is owned or leased by a person, not in conjunction with
any other person, who owns and operates a licensed funeral
home in the same or adjoining county;
(2) where human remains are prepared for a viewing, a funeral,
or final disposition after initial preparation in a funeral home;
(3) where memorial visitation or the viewing of human remains
is conducted before or as part of a memorial or funeral service;
and
(4) where funerals that are not primarily for religious or
worship purposes are conducted or held.
As added by P.L.237-1995, SEC.2.
IC 25-15-2-4
"Casket"
Sec. 4. "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.246-1985, SEC.1.
IC 25-15-2-5
"Consumer"
Sec. 5. "Consumer" means a person that:
(1) during an individual's lifetime; or
(2) after an individual's death;
discusses, offers to purchase, or purchases funeral goods or funeral
services for the individual's human remains.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-6
"Cremate"
Sec. 6. "Cremate" means to incinerate human remains and to
mechanically or manually reduce the bone fragments of the remains
to unidentifiable bone fragments.
As added by P.L.246-1985, SEC.1. Amended by P.L.231-1995,
SEC.3.
IC 25-15-2-7
"Disposition"
Sec. 7. "Disposition" means:
(1) interment of human remains in the earth in an established
cemetery;
(2) interment of human remains in a mausoleum or
columbarium;
(3) disposal of cremated human remains on the property of a
consenting owner, on uninhabited public land, or on a
waterway;
(4) burial of human remains at sea;
(5) delivery of human remains within the jurisdiction of the
anatomical education program (IC 21-44-2) to a school, college,
or physician entitled by law to receive the human remains for
the promotion of science and art of medicine or dentistry; or
(6) other final disposal of human remains.
As added by P.L.246-1985, SEC.1. Amended by P.L.238-1987,
SEC.2; P.L.2-2007, SEC.320.
IC 25-15-2-8
"Embalmer"
Sec. 8. "Embalmer" means a person who is licensed as an
embalmer under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-9
"Embalming"
Sec. 9. "Embalming" means the temporary preservation and
disinfection of human remains by the internal or external application
of chemicals or by other methods in preparation for disposition.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-10
"Exempted person"
Sec. 10. As used in this chapter, "exempted person" means a
person that does not perform any funeral services other than one (1)
or more of the following:
(1) Sells, as a seller licensed under IC 30-2-13 or an agent or a
representative of a seller:
(A) funeral merchandise described in IC 30-2-13-8 at need;
or
(B) funeral merchandise defined in IC 30-2-13-8 under a
certificate of authority authorized by IC 30-2-13-33 and not
funeral services defined in section 17(1), 17(2), or 17(3) of
this chapter unless they are funeral services (as defined in
IC 30-2-13-8) and ratified as required by IC 30-2-13-20.
(2) Cremates human remains, but does not conduct a funeral
service in conjunction with the cremation.
(3) Cremates human remains or holds human remains less than
forty-eight (48) hours for the purpose of cremating the human
remains without a funeral service or memorial service in
conjunction with the final disposition of the cremated remains.
(4) Performs services for a morgue in a hospital or other facility
licensed under IC 16-21 that are directly related to the purposes
of the hospital or other facility.
(5) Performs services for a school of mortuary science that are
directly related to an educational purpose.
(6) Arranges, supervises, or conducts a religious or memorial
service for a deceased individual if:
(A) the human remains of the deceased individual are not
present at the service; and
(B) final disposition of the deceased individual's human
remains has been or will be completed under the authority of
a funeral director having obtained a burial permit issued by
the state of Indiana.
(7) Conducts a religious or memorial service with the human
remains of the deceased individual present if the funeral is
arranged and directly supervised by a funeral director.
(8) If the person is a cemetery, sells or offers advice concerning
methods or alternatives available for final disposition of human
remains.
As added by P.L.246-1985, SEC.1. Amended by P.L.2-1993,
SEC.137; P.L.237-1995, SEC.3; P.L.2-1996, SEC.270.
IC 25-15-2-11
"Funeral"
Sec. 11. "Funeral" means a memorial service or ceremony for a
deceased individual where human remains or cremated remains are
present or a memorial visitation or viewing of the human remains of
a deceased individual.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,
SEC.4.
IC 25-15-2-12
"Funeral director"
Sec. 12. "Funeral director" means an individual who has a funeral
director license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-13
"Funeral director intern"
Sec. 13. "Funeral director intern" means an individual who has a
funeral director intern license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-14
"Funeral goods"
Sec. 14. "Funeral goods" means goods, other than clothing,
flowers, gravemarkers, and urns, that are sold or offered for sale
directly to a consumer for use in connection with funeral services.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-15
"Funeral home"
Sec. 15. "Funeral home" means a physical structure where:
(1) human remains are prepared for a funeral or final
disposition;
(2) human remains are held for disposition;
(3) there is an embalming room in compliance with licensure
requirements of this article where at least one (1) of the
following takes place:
(A) The embalming of human remains.
(B) The prevention of the spread of infectious or contagious
disease from human remains.
(C) The aspiration of internal body fluids and gasses from
human remains.
(D) The temporary storage of non-casketed human remains
awaiting final disposition.
(E) The dressing, final preparation, and casketing of human
remains;
(4) memorial visitation or the viewing of human remains is
conducted before or as part of a memorial or funeral service;
and
(5) funerals whose primary function is not for a religious or
worship purpose are conducted or held.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,
SEC.5.
IC 25-15-2-16
"Funeral home licensee"
Sec. 16. "Funeral home licensee" means a person that has a
funeral home license issued under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-17
"Funeral services"
Sec. 17. As used in this chapter, "funeral services" means:
(1) accepting, holding, caring for, or preparing human remains
for a funeral or final disposition, including embalming (where
authorized) and the practice of restorative arts;
(2) at need counseling of survivors of a deceased individual on:
(A) the services, methods, and alternatives for final
disposition of human remains; and
(B) the requirements of federal and state law applicable to
the sale of funeral services and merchandise;
(3) arranging, supervising, or conducting a funeral service in
conjunction with the memorialization or the disposition of
human remains, (however, "funeral services" does not include
interment services performed in a cemetery by cemetery
personnel), including attendance at services held in cemeteries
or crematories where third persons are directly responsible for
the physical acts associated with interment or final disposition
of human remains;
(4) selling or offering to sell funeral merchandise described in
IC 30-2-13-8 to a consumer at the time of need or in advance of
need;
(5) selling or offering to sell funeral services described in
IC 30-2-13-8 at the time of need or in advance of need;
(6) managing a funeral home or branch location licensed under
IC 25-15-4-1 or IC 25-15-4-1.1; and
(7) arranging for the final disposition of human remains in
compliance with public health and safety laws and in a manner
that prevents the spread of infectious disease.
As added by P.L.246-1985, SEC.1. Amended by P.L.207-1993,
SEC.3; P.L.237-1995, SEC.6.
IC 25-15-2-18
"Human remains"
Sec. 18. "Human remains" means any part of the body of a
deceased individual. The term includes human remains that have
been cremated.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-19
"Licensee"
Sec. 19. "Licensee" means a person that has been issued a license
under this article.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-20
"Outer burial container"
Sec. 20. "Outer burial container" means any container that is
designed for placement in a grave around a casket or alternative
container. The term includes a burial vault, grave box, or grave liner.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-21
"Person"
Sec. 21. "Person" includes a partnership, limited liability
company, corporation, trust, or other business association.
As added by P.L.246-1985, SEC.1. Amended by P.L.8-1993,
SEC.381.
IC 25-15-2-22
"Practice of funeral service"
Sec. 22. As used in this chapter, "practice of funeral service"
means:
(1) the application of the principles, methods, and techniques of
mortuary science to the delivery of funeral services;
(2) the counseling of individuals concerning methods and
alternatives for the final disposition of human remains;
(3) the prevention of the spread of infectious and contagious
disease from human remains; and
(4) compliance, in the delivery of funeral merchandise and
services, with laws relating to health, public safety, and the
environment.
As added by P.L.246-1985, SEC.1. Amended by P.L.237-1995,
SEC.7.
IC 25-15-2-23
"Practitioner"
Sec. 23. "Practitioner" means an individual who is a funeral
director, an embalmer, or a funeral director intern.
As added by P.L.246-1985, SEC.1.
IC 25-15-2-24
"Protection order"
Sec. 24. "Protection order" means an injunction or other order
issued by a tribunal of the issuing state or Indian tribe to prevent an
individual from:
(1) engaging in violent or threatening acts against;
(2) engaging in harassment of;
(3) engaging in contact or communication with; or
(4) being in physical proximity to;
another person. The term includes temporary and final orders issued
by civil and criminal courts.
As added by P.L.94-2010, SEC.7.