CHAPTER 8. GROUNDS FOR DISCIPLINE; SANCTIONS BY BOARD; VIOLATIONS
IC 25-15-8
Chapter 8. Grounds for Discipline; Sanctions by Board;
Violations
IC 25-15-8-1
Grounds for discipline of licensees
Sec. 1. A licensee that:
(1) promotes or participates in a scheme or plan in the nature of
a burial association, burial certificate plan, or burial
membership plan;
(2) after an individual has died, personally or through an agent
solicits, makes, or offers to make a direct or an indirect payment
of a commission for the purpose of securing the individual's
human remains;
(3) fails to promptly surrender possession of human remains
after receiving a demand from the person legally entitled to
custody of the human remains;
(4) transports or disposes of human remains without a permit
required by law;
(5) takes possession of human remains without authorization
from the person legally entitled to custody of the human
remains;
(6) makes a misleading claim concerning the protective
qualities of a casket, an alternative container, or an outer burial
container; or
(7) shows a casket, an alternative container, or an outer burial
container to a consumer if the casket, alternative container, or
outer burial container does not have a conspicuously displayed
card or brochure that lists the price of the casket, alternative
container, or outer burial container and briefly describes the
casket, alternative container, or outer burial container;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.6; P.L.214-1993, SEC.46.
IC 25-15-8-1.5
Discipline of licensee for display of revoked or expired credentials
Sec. 1.5. The board may discipline a licensee under IC 25-1-11 if
that licensee displays to the public credentials issued by the board
that:
(1) have been revoked by the board; or
(2) have expired.
As added by P.L.240-1985, SEC.9. Amended by P.L.207-1993,
SEC.7; P.L.214-1993, SEC.47.
IC 25-15-8-2
Funeral home licenses; grounds for discipline
Sec. 2. A funeral home licensee who itself or through an officer,
an agent, an employee, or an independent contractor:
(1) operates a funeral home or a branch location in the same
location as another funeral home licensee;
(2) operates a funeral home at any location or branch location
without a separate funeral home license or branch location
license for that location;
(3) operates a funeral home or a branch location without a
manager who:
(A) has a funeral director license; and
(B) has filed an affidavit with the board acknowledging that
the individual is the manager of the funeral home or the
branch location;
(4) operates a funeral home or branch location without having
a funeral director either perform or directly supervise each act
of funeral service performed for the funeral home or a branch
location;
(5) fails to conspicuously display the certificate of licensure
issued to the funeral home licensee and the certificate of
licensure or a duplicate original of the certificate of licensure
issued to the funeral director managing the funeral home or the
branch location in a public area of the funeral home or the
branch location;
(6) fails to annually report to the board:
(A) if the licensee is a sole proprietor, the name of the
funeral home or the branch location and principal address of
residence of the funeral home licensee;
(B) the location of the funeral home or the branch location;
(C) if the licensee is not a sole proprietor, the names and
principal addresses of residences of the directors or other
executive officers of the funeral home licensee;
(D) the name of the manager in charge of the funeral home
or the branch location;
(E) the name and principal address of residence of each
practitioner that has engaged in the practice of funeral
services for the funeral home or the branch location in the
preceding twelve (12) months and the period of time during
which the practitioner worked for the funeral home or the
branch location; and
(F) any other information required by the board;
(7) knowingly violates any rule of construction, equipping, or
operation for funeral homes or branch locations adopted by the
board under IC 25-15-9-8;
(8) engages in the practice of funeral service or provides funeral
services to the public under an inactive license (as described in
IC 25-15-4-6);
(9) permits a person other than a funeral director to engage in
the practice of funeral service or the provision of funeral
services to the public or otherwise violates any provision of this
chapter; or
(10) misrepresents the quality or character of:
(A) any service or merchandise sold by a competitor; or
(B) any professional practice of a competitor;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.48-1991,
SEC.29; P.L.207-1993, SEC.8; P.L.214-1993, SEC.48; P.L.1-1994,
SEC.125; P.L.237-1995, SEC.15.
IC 25-15-8-3
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-4
Selling funeral goods or services; grounds for discipline
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 reasonable satisfaction of the inquiring person;
(4) disclose that embalming human remains is not always
required by law but may be desirable if viewing or visitation
precedes disposition;
(5) explain which outer burial containers meet cemetery
requirements, if any;
(6) explain requirements, including cremation requirements, for
caskets and other alternative containers; or
(7) disclose whether the cash advance price of each:
(A) funeral goods or funeral service described by the
practitioner as "cash advance", "accommodation", or "cash
disbursement", or a similar term; and
(B) goods or service obtained from a third party and paid on
behalf of the consumer by the funeral home licensee for
which the practitioner is an agent;
is equal to the cost of the item to the funeral home selling it;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.10; P.L.214-1993, SEC.49.
IC 25-15-8-5
Statements of price and terms; grounds for discipline
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 that includes:
(1) an itemized description of each funeral goods and funeral
service for which the consumer has contracted and either the
price of each item or the package price for all of the items;
(2) an itemized description of any supplemental goods and
services that the consumer has the option to purchase from the
funeral home licensee and the price for each item;
(3) an indication of the contract items on which the funeral
home licensee is advancing credit and the amount of the credit
being advanced;
(4) the total cost to the consumer of the contract items; and
(5) a description of the method of payment agreed upon;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.11; P.L.214-1993, SEC.50.
IC 25-15-8-6
Practitioners of funeral services; grounds for discipline
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 more funeral home
licensees;
(2) fails to register with the board in which funeral homes the
practitioner is performing services and for which funeral home
licensees the practitioner is an agent; or
(3) fails to notify the board to cancel a registration described in
subdivision (2), if the practitioner ceases to perform services in
a funeral home or for a funeral home licensee.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.12; P.L.214-1993, SEC.51.
IC 25-15-8-7
Notice of change in practitioner's name or address
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.214-1993, SEC.52.
IC 25-15-8-8
Funeral director interns
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 director intern is acting under the
direct supervision of a person holding a funeral director's license.
Direct supervision means that:
(1) a licensed funeral director supervising an intern who is
performing duties not requiring counseling is physically present
in the facility where the intern is performing the duties; or
(2) a funeral director supervising an intern who is counseling is
physically present in the same room with the intern and
counselee.
(c) A funeral director intern who engages in the practice of
funeral service or provides funeral services to the public without the
direct supervision of a funeral director may be disciplined under
IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.14; P.L.214-1993, SEC.53; P.L.237-1995, SEC.16.
IC 25-15-8-9
Embalmers
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, SEC.54.
IC 25-15-8-10
Funeral directors engaging in embalming
Sec. 10. (a) This section does not apply to a funeral director who
is acting as an exempted person.
(b) A funeral director who:
(1) is qualified to engage in the practice of funeral service only
under IC 25-15-4-3(d) and not under IC 25-15-4-3(b) or
IC 25-15-4-3(c); and
(2) engages in 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.16; P.L.214-1993, SEC.55.
IC 25-15-8-11
Funeral directors; management of funeral home; failure to file
affidavits
Sec. 11. A funeral director who:
(1) manages a funeral home without filing an affidavit with the
board acknowledging that the funeral director is the manager of
the funeral home; or
(2) fails to file an affidavit with the board indicating that the
funeral director is no longer the manager of a funeral home
when the funeral director ceases to manage the funeral home;
may be disciplined under IC 25-1-11.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.17; P.L.214-1993, SEC.56.
IC 25-15-8-12
Funeral directors; management of funeral home; violations as
grounds for discipline
Sec. 12. A funeral director who has an affidavit on file with the
board indicating that the individual is the manager of a funeral home
and no affidavit on file with the board indicating that the individual
has ceased to be its manager may be disciplined under IC 25-1-11 if:
(1) the funeral home that the funeral director is registered to
manage commits a violation under section 1 or 2 of this chapter,
other than section 2(3) of this chapter; or
(2) a practitioner acting as an agent of the funeral home that the
funeral director is registered to manage commits a violation
under sections 4 through 11 of this chapter.
As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993,
SEC.18; P.L.214-1993, SEC.57.
IC 25-15-8-13
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-14
Repealed
(Repealed by P.L.207-1993, SEC.35 and P.L.214-1993, SEC.91.)
IC 25-15-8-15
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-16
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-17
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-18
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-15-8-19
Injunctions; applications for orders
Sec. 19. If a violation of any of sections 21 through 26 of this
chapter is being committed:
(1) the board in its own name;
(2) the board in the name of the state;
(3) the attorney general in the name of the state, at the request
of the board; or
(4) the prosecuting attorney of the county in which the violation
occurs, at the request of the board, and in the name of the state;
may apply for an order enjoining the violation from the circuit court
of the county in which the violation occurs.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-20
Injunctions or orders; bonds
Sec. 20. Upon a showing that a person has violated any of sections
21 through 26 of this chapter, the court may grant without bond an
injunction, restraining order, or other appropriate order.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-21
Use of certain titles without funeral home license; infraction
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.
IC 25-15-8-22
Use of certain titles without funeral director or funeral director
intern license; infraction
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 license issued under this article commits a Class B
infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-23
Use of certain words to describe funeral services by person without
license; infraction
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 under this article commits a Class B infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-24
Practice of funeral service or operation of funeral home without
license; infraction
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 home
license issued under this article commits a Class B infraction.
As added by P.L.246-1985, SEC.7.
IC 25-15-8-25
Issuance of permit under IC 16-37-3-10
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 P.L.246-1985, SEC.7. Amended by P.L.2-1993,
SEC.138.
IC 25-15-8-26
Other licensing requirements void
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. Amended by P.L.237-1995,
SEC.11.