§ 23-14-31-36 — Time; human remains containing hazardous materials; exceptions

(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.

Legislative History

As added by P.L.231-1995, SEC.2. Amended by P.L.52-1997, SEC.6.