§ 23-14-31-27 — Authorization procedure; immunity from liability; exceptions

Indiana § 23-14-31-27

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 31: Cremation

Text

(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.

Legislative History

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.