reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 2 - Internships and Examinations › Section 2-1 - Funeral director internships

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-2; IC  25-15-4-3
Sec. 1.
(a) The one (1) year experience requirement for licensure as a funeral director provided for by IC  25-15-4-3(b)(6)  may only be satisfied during the period of time that the applicant has been licensed as a funeral director intern.
(b) The successful completion of a funeral director internship must include the following:
(1) Working in a funeral home under the direct supervision of a licensed funeral director for at least one thousand five hundred (1,500) hours over a period of at least one (1) year.
(2) Assisting in the embalming of at least twenty-four (24) bodies.
(3) Assisting in the arrangement, services, and disposition of at least twenty-four (24) bodies.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 2 - Internships and Examinations › Section 2-2 - Recognized funeral service intern examination

Current through July 10, 2024
Authority: IC  25-15-9-9
Affected: IC  25-15-4-2
Sec. 2.
(a) In addition to meeting the requirements in IC  25-15-4-2(a), an applicant for licensure as a funeral director intern must provide proof of the successful completion of an examination in the field of funeral service. An examination conducted by a person other than the board may satisfy the funeral service intern examination requirement provided the examination is preapproved by the board and conducted by a nationally recognized testing service that is under contract with the boards of at least three (3) other states to provide testing and grading in the field of funeral service.
(b) The examination shall consist of two (2) parts, one concerning funeral service science and the other concerning funeral service arts. To pass the examination, an individual must obtain a score of seventy-five percent (75%) or higher for the total examination. If, however, the individual scores less than seventy percent (70%) on either part of the examination, the individual will fail the examination. A score of at least seventy-five percent (75%) is required to pass a retake of either section of the examination.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 2 - Internships and Examinations › Section 2-3 - Funeral director intern case reports

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-3
Sec. 3.
(a) Funeral director interns shall submit to the board a total of four (4) funeral director intern case reports. The reports shall be submitted on a quarterly basis after the date of the issuance of the funeral director intern license.
(b) The reports required under subsection (a) shall be submitted not later than thirty (30) days after the end of the quarter. Funeral director license applications will be considered incomplete until all case reports have been submitted.
(c) Funeral director intern quarterly case reports shall be on forms provided by the board and shall include a detailed report of any of the following funeral services in which the intern participated:
(1) Embalmings.
(2) First call.
(3) Assisting at funerals.
(4) Preparing death notices.
(5) Arranging funeral or memorial services.
(6) Rosary-lodge services.
(7) Preparing death certificates.
(8) Arranging for organists, soloists, or beauticians.
(9) Ship-out detail.
(10) Veterans burials.
(11) Social Security forms.
(12) Indigent funerals.
(13) Cemetery details.
(14) Assisting in the sale of merchandise.
(15) Maintenance of funeral establishment and all equipment.
(16) Preparation of sales tax for each individual service.
(17) Compliance with Federal Trade Commission rulings.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 2 - Internships and Examinations › Section 2-4 - Requirements for third and subsequent takings of funeral director license examination

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-5-3
Sec. 4.
(a) Following the third failure of the funeral director examination by an applicant for a funeral director license, the applicant must provide proof of completion of five (5) hours of instruction in continuing education courses approved under 832 IAC 4-1 before each additional examination attempt.
(b) The continuing education required by subsection (a) must be obtained not earlier than ninety (90) days before the next examination attempt.
(c) The continuing education required by subsection (a) shall be directly related to Indiana funeral service law.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 2 - Internships and Examinations › Section 2-5 - Funeral director examination; passing score

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-3
Sec. 5.
To pass the funeral director examination, an individual must obtain a score of seventy-five percent (75%) or higher.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 3 - Licensure › Section 3-2 - Funeral director license; out of state applicants

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-3; IC  25-15-4-5
Sec. 2.
(a) An individual who:
(1) is licensed in another state with requirements that are substantially equal to those contained in IC  25-15-4-3(b); and
(2) meets the requirements of this section; shall be entitled, upon application, to be licensed as a funeral director.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 3 - EDUCATION, EXAMINATION AND LICENSURE › Rule 3 - Licensure › Section 3-4 - Substantially equal

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-4-3; IC 25-15-4-5
Sec. 4.
As used in this rule and IC 25-15-4-5, "requirements that are
				  substantially equal" refers to the experience requirements contained in IC
				  25-15-4-3(b)(6) as implemented in
				  832 IAC
				  3-2-1 (including both the experience and the
				  examination).
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 1 - Continuing Education › Section 1-1 - Continuing education requirements

Current through July 10, 2024
Authority: IC  25-1-4; IC  25-15-9-8
Affected: IC  23-14-31; IC  25-15-2-22; IC  25-15-6-3; IC  30-2-13
Sec. 1.
(a) Funeral directors and embalmers must complete a minimum of ten (10) hours of instruction in each two (2) year period (as defined by subsection (b)) in courses that are given by board approved sponsors. Courses must meet the following criteria:
(1) Measurements and reports must be in full hours excluding preparation time with a fifty (50) minute instruction period being equivalent to one (1) hour.
(2) The number of hours for a specific course will be determined and announced by the sponsor.
(3) A funeral director who attends the same approved continuing education course more than once in the same two (2) year period is entitled to continuing education credit for that course only once.
(4) A funeral director shall not be entitled to any continuing education credit for a course unless he or she attends the entire course.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 1 - Continuing Education › Section 1-2 - Continuing education course requirements

Current through July 10, 2024
Authority: IC  25-1-4; IC  25-15-9-8
Affected: IC  25-15-6-3; IC  25-15-6-5
Sec. 2.
To qualify and be included in the continuing education minimum hour requirement, the course must be formally organized, primarily instructional, and contribute directly to professional competence in the practice of funeral service. The following criteria must be met:
(1) The course and its sponsor must be approved by the board prior to the time it is conducted.
(2) The course is at least one (1) instructional hour of fifty (50) minutes in length.
(3) The course is conducted by a qualified instructor.
(4) A continuing education hour rating is determined by the sponsor.
(5) The course must cover one (1) or more of the following subjects:
(A) Business administration.
(B) Religion.
(C) Natural sciences.
(D) Management services-systems, cost, budget, merger and acquisition, data processing, etc.
(E) Preneed services.
(F) Restorative art/embalming.
(G) Funeral service counseling.
(H) Funeral service merchandising.
(I) Funeral customs.
(J) Communicable diseases including transmission, sterilization techniques, and risk education methods in the practice of professional services.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 1 - Continuing Education › Section 1-2.1 - Continuing education credit sponsored by the board

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-6-3; IC 25-15-6-5
Sec. 2.1.
Continuing education credit may be given for courses sponsored by the board where the recordkeeping requirements of 832 IAC 4-1-3 are assigned to a previously approved sponsor.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 1 - Continuing Education › Section 1-3 - Sponsors

Current through July 10, 2024
Authority: IC  25-1-4; IC  25-15-9-8
Affected: IC  25-15-6-3; IC  25-15-6-5
Sec. 3.
(a) All sponsors of continuing education courses shall submit an application for approval by the board. Approved sponsors must do the following:
(1) Maintain an accurate record of course attendance showing date, place, and name and state board license number of attendee.
(2) Maintain a copy of the course outline and the attendance records for four (4) years following presentation of the course.
(3) Provide upon request by an attendee, verification of attendance stating the date and subject of the course, and the number of continuing education hours.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 1 - Continuing Education › Section 1-4 - Sponsor appeal rights

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 4-21.5-3-7; IC 25-15-6-3; IC 25-15-6-5
Sec. 4.
In case an application for approval of a specific course or
				  for approval as a sponsor of continuing education programs is denied by the
				  board, the applicant has the right to review of that decision by filing a
				  petition for review pursuant to IC 4-21.5-3-7.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 2 - License Restoration and Renewal; Reentry into Practice › Section 2-1 - License restoration

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-6-4
Sec. 1.
Licenses of embalmers and funeral directors may only be
				  restored under IC 25-15-6-4 within four (4) years of expiration.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 2 - License Restoration and Renewal; Reentry into Practice › Section 2-2 - Continuing education requirements for license reinstatement

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-1-8-6; IC  25-15-6-4
Sec. 2.
(a) In addition to the requirements under IC  25-15-6-4 and IC  25-1-8-6, in order to reinstate an expired funeral director or embalmer license under IC  25-15-6-4, the licensee must complete the continuing education hours required for renewal of the license at the time it expired.
(b) If more than one (1) year has passed since the expiration of the funeral director or embalmer license, the licensee shall be required to obtain five (5) additional hours of continuing education for each year following expiration. These continuing education hours are in addition to the requirements under subsection (a).
(c) Five (5) hours of continuing education obtained to reinstate an expired license under the requirements of subsection (b) may count toward the licensee's continuing education requirement for the first renewal of the reinstated license if they were obtained during the two (2) calendar years immediately prior to the next renewal date following reinstatement.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 2 - License Restoration and Renewal; Reentry into Practice › Section 2-3 - Continuing education requirements for new licensees

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-6-3
Sec. 3.
(a) Notwithstanding 832 IAC 4-1-1, an individual who is issued a new funeral director license in an odd-numbered year shall be required to obtain a minimum of only five (5) hours of continuing education credit during the two (2) year period then in progress.
(b) Notwithstanding 832 IAC 4-1-1, an individual who is issued a new funeral director license in an even-numbered year shall not be required to obtain any continuing education during the two (2) year period then in progress.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 4 - CONTINUING EDUCATION; LICENSE RESTORATION AND RENEWAL › Rule 2 - License Restoration and Renewal; Reentry into Practice › Section 2-4 - Application of renewal for license

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-6-3; IC 25-15-6-5
Sec. 4.
(a) Funeral directors intending to engage in the practice of funeral directing and embalmers intending to engage in the practice of embalming must biennially renew their licenses by December 31 of each even numbered year using the form provided by the board.
(b) Each funeral director and embalmer must sign a statement on the renewal form verifying that all continuing education requirements according to 832 IAC 4-1 will have been met by the time of license renewal.
(c) A funeral director or embalmer shall maintain his or her continuing education records for a period of three (3) years following the end of the biennium.
(d) It is the responsibility of the funeral director or embalmer to verify that courses attended have been approved by the board. Without approval, as provided under 832 IAC 4-1, credit will not be given.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-0.5 - Licensure procedure

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-4-1; IC 25-15-9-9
Sec. 0.5.
(a) Applications for funeral home licensure shall be filed with the board prior to the date the funeral home is scheduled to open for business.
(b) The board shall issue a license to any applicant the board or its designee certifies as having:
(1) met the licensure requirements specified in this rule and IC 25-15-4;
(2) received a satisfactory rating on an inspection under IC 25-15-9-9; and
(3) paid the fee specified in 832 IAC 2-1-2.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-1 - Partnership affidavit

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-1
Sec. 1.
In each case where a partnership is formed, and said partnership makes application for a funeral home license, it shall be necessary for the application to be filed with an affidavit, sworn to under oath and under the penalties for perjury, setting forth the full name and address of each person having an interest in said partnership.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-1.1 - Inspections

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  25-15-9-9
Affected: IC 25-15
Sec. 1.1.
(a) All funeral homes shall be subject to inspection by the board or its inspector at all times with or without notice. The inspection shall include the following:
(1) The facility.
(2) Vehicles used in the funeral business.
(3) Grounds contiguous to the funeral home.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-1.2 - Records

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  25-15-9-9
Affected: IC 25-15
Sec. 1.2.
(a) All funeral home licensees shall make the following records available to the board for the purposes of examination or inspection:
(1) The certificate of authority to sell preneed services or merchandise.
(2) A general price list.
(3) Bylaws and rules and regulations, if any.
(4) Preneed contracts.
(5) Other contracts, including at-need sales and contracts for burial rights.
(6) Preneed funeral contract consumer protection trust fund and regulatory trust fund remittances and supporting documentation.
(7) Records of cancellation requests and refunds given.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-2.1 - Display identification

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-1; IC  25-15-8-2
Sec. 2.1.
The name of a funeral home shall be prominently displayed on the premises on exterior signage.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-3 - Plumbing requirements; back-syphonage protection systems

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-1; IC  25-15-8-2
Sec. 3.
Each licensed funeral home must have a back-syphonage protection system in keeping with the requirements of the fire prevention and building safety commission and the requirements of local health and building codes. The system at a minimum must be:
(1) a hydro aspirator with four (4) inch approved vacuum breaker;
(2) an electro aspirator;
(3) water service centers with breakers in system; or
(4) any other systems approved by the board.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 1 - Licensure, Construction, and Equipment › Section 1-4 - Embalming rooms; construction fixtures; equipment and use requirements

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-1; IC  25-15-8-2
Sec. 4.
(a) The issuance of a funeral home license and the continued use thereof shall depend among other things on compliance with this section, section 3 of this rule, and the Indiana Plumbing Code, 675 IAC 16.
(b) A funeral home must be equipped with a fully functional embalming room on the premises of the funeral home. However, persons who own and operate more than one (1) funeral home in a county or adjoining counties may designate one (1) embalming room in one (1) of those funeral homes as the sole embalming room for all of its funeral homes in that county or those adjoining counties. A funeral home without an embalming room must be a funeral home branch location. In no case may the embalming room for the funeral home branch location be located anywhere other than in the county where the funeral home is located or in an adjoining county.
(c) Each embalming room shall be equipped with a separate sink for washing hands and either one (1) wet hand sanitizer or disinfectant or one (1) dry hand sanitizer. Hot and cold running water shall be available to the embalming table and separate sink. The embalming room must also have the following:
(1) A working electric exhaust ventilation system vented to the outside of the building.
(2) Adequate lighting.
(3) A sterilizing tray long enough for the sterilization of instruments.
(4) Sufficient equipment for the injection of embalming fluid.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-1 - Display of license

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-4-1; IC  25-15-8-2
Sec. 1.
All licenses issued by the board including duplicate licenses required by section 5 of this rule shall be available for viewing in a public area of the funeral home or funeral home branch location.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-2 - Required employment of embalmers by unqualified funeral directors

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-8-10
Sec. 2.
A funeral home manager who was not licensed as an embalmer in Indiana prior to July 1, 1985, except where initial licensure as a funeral director followed said date, shall employ a licensed embalmer or funeral director who has been licensed under IC 25-15.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-3 - Food service restrictions

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-4-1
Sec. 3.
A funeral home licensee may not serve food other than
				  beverages for consumption on the funeral home premises unless the sale of the
				  food is otherwise licensed under other laws.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-4 - Supervised funeral service limited to licensees

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-2-17
Sec. 4.
Each act of funeral services, as defined at IC  25-15-2-17, performed for a funeral home under the direct supervision of a funeral director must be performed by either a funeral director or a funeral director intern. At-need funeral arrangements must be performed by a licensed funeral director or a funeral director intern under the direct supervision of a licensed funeral director.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-5 - Duplicate licenses at all locations where associated

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  25-15-8-6; IC  25-15-8-11
Sec. 5.
Funeral directors, funeral director interns, and embalmers must provide and make available a duplicate license for each funeral home and funeral home branch location where services in any capacity are performed.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 5 - LICENSURE AND OPERATION OF FUNERAL HOMES › Rule 2 - General Operations › Section 2-6 - Inspection of records

Current through July 10, 2024
Authority: IC 25-15-9-8
Affected: IC 25-15-8-2
Sec. 6.
All funeral home licensees shall make available at their
				  facility, upon request and for the purposes of inspection, copies of price
				  lists in use and copies of contracts used for the provision of funeral services
				  and merchandise in advance of need to members of the board conducting an
				  inspection or the board's inspector.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 6 - FUNERAL TRUST FUNDS › Rule 1 - Trust Fund Agreements; Contract Provisions › Section 1-1 - Notifications affecting preneed contracts

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  1-1-7-1; IC  25-15-8-5; IC 30-2
Sec. 1.
When a funeral home is sold or when the preneed contracts established under IC 30-2 that names licensees as beneficiaries are sold, the seller is responsible to notify the purchasers of all such preneed contracts affected by the sale, advising them of the transaction. Notification must be in writing and provided by the seller to the purchasers by regular mail or by any method permitted by IC  1-1-7-1.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 6 - FUNERAL TRUST FUNDS › Rule 1 - Trust Fund Agreements; Contract Provisions › Section 1-2 - Restrictions on increased pre-need contract prices

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  30-2-9
Sec. 2.
If the funeral trust contract executed pursuant to IC  30-2-9 does not specifically allow for increases in the total stated price of the services, the beneficiary of the funeral trust may provide the agreed upon funeral and burial services at no greater cost than the total specified in the funeral service contract. Even if a funeral trust contract described in IC  30-2-9 includes a provision for increases in the total price of the funeral service, the beneficiary of the trust may not charge or collect any total price for the service selected by the settlor of the trust greater than that specified in the last written notification to the settlor or the settlor's guardian before the settlor's demise.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 6 - FUNERAL TRUST FUNDS › Rule 1 - Trust Fund Agreements; Contract Provisions › Section 1-3 - Payment of trust and escrow funds; documentation required

Current through July 10, 2024
Authority: IC 30-2
Affected: IC  25-15-9-8; IC  25-15-9-18
Sec. 3.
(a) A trustee or escrow agent acting as a fiduciary, as defined at IC  30-2-13-11 and including an insurance company holding prepaid funeral funds, that disburses funds in a funeral trust or escrow account established under IC  30-2-9, IC  30-2-10, or IC  30-2-13 may do so only when documentation is submitted to the trustee or escrow agent acting as a fiduciary verifying both:
(1) the death of the individual for whom services were to be provided under contract; and
(2) that the beneficiary of the trust has fully performed all funeral and burial services provided for in the contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13
Sec. 1.
The definitions in IC  30-2-13 and this rule apply throughout this article.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 1 - Definitions › Section 1-4 - "Contract beneficiary" defined

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  30-2-13
Sec. 4.
"Contract beneficiary" means the person specified in a contract for prepaid services or merchandise, upon whose death, the services or merchandise shall be provided or delivered.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-1 - Preneed contract

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13
Sec. 1.
(a) It shall be unlawful for any seller doing business within this state to make, either directly or indirectly, by any means, a preneed contract unless it is as follows:
(1) Made on a form that complies with this article, is written in clear, understandable language, and printed in easy-to-read type, size, and style.
(2) Identifies, by name, address, and telephone number, the seller, purchaser, and the contract beneficiary, if other than the purchaser, and contains the seller's certificate of authority number and date of contract.
(3) Clearly discloses that, upon payment in full, all services and merchandise subject to contract are guaranteed as to delivery, or, in the event a contract is funded through a cash installment sale or an insurance policy with a limited death benefit, delivery of services and merchandise may be reduced to the extent of funds actually received at the time delivery is to be made.
(4) Clearly discloses that if cash advance items are funded in the preneed contract, then, at the time of delivery, funds available shall be applied by the seller to the prepaid services and merchandise and cash advance items in the same proportion as initially funded in the preneed contract.
(5) Provides that the purchaser may terminate the contract within thirty (30) days of execution, that the contract becomes irrevocable after that time, and an acknowledgment by the purchaser that they understand the irrevocable nature of the contract.
(6) Provides that if the particular merchandise and services specified in the contract are unavailable at the time of delivery, the seller will furnish services and merchandise similar in style and quality of material at least equal in value.
(7) Clearly discloses the manner in which the preneed contract is to be funded, including, but not limited to:
(A) a bank trust;
(B) an annuity;
(C) a life insurance policy; or
(D) a savings account.
(8) Clearly discloses the purchaser's right to designate a new seller, and place of final disposition, if known.
(9) Clearly discloses any geographic restrictions and related charges, if any.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-2 - Delivery of contract

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  30-2-13
Sec. 2.
At the time the contract is entered into, the seller shall furnish the purchaser with a copy of the signed contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-3 - Preneed contract paid through installments

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  30-2-13
Sec. 3.
In the event a contract is funded on a cash basis, payable in installments, or with a life insurance policy, annuity, or other method which has a limited death benefit period, and the contract beneficiary dies either before the installments are paid in full or during the limited death benefit period, then the seller shall:
(1) deliver services and merchandise equal in value to the funds available in trust or the proceeds of a life insurance policy, annuity, or other funding vehicle; or
(2) deliver services and merchandise specified in the preneed contract, provided the purchaser, or other person, provides a financial guaranty or other consideration sufficient in value to pay the difference between the seller's retail price at time of delivery and the proceeds available from the funding mechanism employed to fund the contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-4 - Bank trust deposits

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13-12.5
Sec. 4.
Cash or other property received for services or merchandise shall be deposited as required by IC  30-2-13-12.5. Subsequent installment payments shall be deposited by the seller within thirty (30) days of receipt.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-5 - Cash advance item and sales tax collections

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13-12.5
Sec. 5.
All funds collected by a seller for future payment of cash advance items or sales tax shall be deposited to trust in accordance with IC  30-2-13-12.5 and held in trust until the time of delivery. Funds collected as premiums for life insurance or annuities to fund cash advance items or sales tax shall be paid as premiums to the life insurance company.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-6 - Duplicate contracts

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13
Sec. 6.
In the event there is more than one (1) preneed contract to provide the same or similar services or merchandise without a successor seller designated, the contract that is first in time prevails and is valid. The seller of a subsequent contract who has not been designated as a successor seller shall, on demand of the purchaser, refund to the purchaser from trust all funds or other property paid to the subsequent seller in the funding of the subsequent contract. The seller of the subsequent contract shall execute whatever documents are necessary to effectuate the transfer or refund.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-7.1 - Inability to perform contractual duties

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13
Sec. 7.1.
(a) A seller who is unable to perform its obligations under a preneed contract for any reason shall give notice to the board and to each preneed contract purchaser under the requirements of IC  30-2-13-15.
(b) A purchaser who receives notice under subsection (a) has thirty (30) days after the date the notice was mailed to designate, under IC  30-2-13-13, a new seller to become the beneficiary of the trust or the designated recipient of the escrow funds. Should the newly designated seller consent to the designation, the original seller shall transfer the unperformed contract and funds held in trust or escrow to the newly designated seller. The newly designated seller shall perform the transferred contract. A purchaser receiving notice under IC  30-2-13-13 may not hold back or retain the right to make future delivery of any item of service or merchandise, or any cash advance item, set forth in the contract subject to transfer.
(c) A seller who is unable to perform its obligations under a preneed contract and has not been informed by a purchaser regarding a newly designated seller within thirty (30) days of sending notice under subsection (a) shall send the board all unperformed preneed contracts for which there is no newly designated seller. The preneed contracts and all original supporting documentation shall be sent to the board within sixty (60) days after the date the notice required under subsection (a) was mailed by the seller to the purchaser.
(d) Where a purchaser has not designated a new seller, the board shall designate a new seller, subject to acceptance by the new seller of such designation. In selecting a new seller, the board shall consider sellers in the geographic area where the preneed contract is to be performed. Each newly designated seller shall become the beneficiary of the trust or the designated recipient of the escrow funds of the purchaser.
(e) In the event the board is required to designate a new seller, the board's action shall not limit or prohibit a purchaser from exercising the right to further designate a successor seller of the purchaser's choosing under IC  30-2-13-13.
(f) A seller who is unable to perform its obligations under a preneed contract and fails to discharge its responsibilities under IC  30-2-13-15 and this rule may be subject to criminal and civil penalties, as provided by IC  30-2-13-38.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-8 - Consumer protection charges

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13-27
Sec. 8.
A seller may elect to include in its sales price the cost of compliance with IC  30-2-13-27, and such charge shall not be subject to the trust requirements of IC  30-2-13.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-9 - Consumer protection fund disclosure

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13
Sec. 9.
A seller shall not:
(1) use;
(2) employ;
(3) advertise;
(4) market; or
(5) otherwise solicit;
the sale of services or merchandise in such a manner as to publicize the existence of the Preneed Consumer Protection Fund in the promotion of such sale or attempted sale of a preneed contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-10 - Excess funds; IC 30-2-10 trust

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-10; IC  30-2-13
Sec. 10.
Funeral director sellers required to employ a trust or escrow authorized by IC  30-2-10 shall compute any excess or refund amount on the difference between the seller's retail price at the time of delivery and the proceeds available from the funding mechanism employed to fund the contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-12 - Requirements to make records available to board

Current through July 10, 2024
Authority: IC 25-15-9-8; IC 30-2-13-34
Affected: IC 30-2-13
Sec. 12.
(a) Each holder of a certificate of authority and each person required by IC 30-2-13 to obtain a certificate of authority shall, upon demand, provide and make available for inspection and copying any and all detailed records:
(1) required by IC 30-2-13; and
(2) necessary to show compliance with IC 30-2-13; upon request by the board for investigative purposes.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 7 - PRENEED FUNERAL BURIAL SERVICES OR MERCHANDISE CONTRACTS › Rule 2 - Contract Provisions › Section 2-13 - Unlawful inducement

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  23-14-37; IC  30-2-13-13
Sec. 13.
(a) "Inducement" means the act or process of a seller to entice or persuade a purchaser or potential purchaser to take a certain course of action with respect to a contract. An inducement can be tangible or intangible as well as direct or indirect.
(b) "Unlawful inducement" means an inducement employed by a seller that is in violation of IC  30-2-13, IC  23-14-37, or these rules.
(c) The advertisement of preneed services or merchandise to the general public does not constitute an unlawful inducement unless the advertisement is false or misleading or otherwise in violation of statute or these rules.
(d) It is an unlawful inducement for a seller to knowingly induce a purchaser to breach an existing contract that provides for prepaid or at-need services or merchandise. It is not an unlawful inducement for a seller to advertise or otherwise inform consumers of their right to transfer their contracts to a successor seller.
(e) A seller engages in an unlawful inducement where the seller knowingly:
(1) induces a purchaser who has the right to designate a successor seller under IC  30-2-13-13 to:
(A) make a designation of a successor seller;
(B) breach an existing contract for prepaid or at-need services or merchandise; or
(C) enter into a prepaid or at-need contract calling for the delivery of similar services or merchandise; or
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 1 - Preneed Consumer Protection Fund › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  30-2-13-29
Sec. 1.
The definitions in IC  30-2-13 apply throughout this article.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 1 - Preneed Consumer Protection Fund › Section 1-2 - Purpose of the preneed consumer protection fund

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  23-14-49-1; IC 30-2
Sec. 2.
The purpose of the preneed consumer protection fund established under IC  30-2-13-28 is to provide restitution to the following:
(1) A purchaser of a preneed contract under IC  30-2-13.
(2) An individual who has established a funeral trust under IC  30-2-9 or IC  30-2-10.
(3) An individual who has established a cemetery escrow or trust under IC  23-14-49-1.
(4) The estate of an individual described in subdivision (1), (2), or (3).
(5) A funeral home, funeral director, or cemetery owner that performs a defaulted contract when the original seller of the prepaid services or merchandise has defaulted on a contract.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 1 - Preneed Consumer Protection Fund › Section 1-3 - Requests for restitution

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC 30-2
Sec. 3.
(a) Requests for restitution from the preneed consumer protection fund shall be subject to the review and approval of the board. The board has complete discretion to allow or reject the requests for restitution in whole or in part.
(b) Requests for restitution from the preneed consumer protection fund must be in writing and on a form prescribed by the board. The following documentation shall be submitted with the request to the board:
(1) A copy of the original preneed contract.
(2) Documentation, such as canceled checks or payment receipts, verifying the total funds paid to the seller on the contract and demonstrating that applicant for restitution has not defaulted on the contract.
(3) Documentation showing that the seller is incapable or has failed to provide the services or merchandise on a preneed contract.
(4) Documentation concerning efforts to obtain reimbursement from the seller, insurance companies, trustees, escrow agent, or others.
(5) Documentation of amounts recovered from any source in partial payment of the loss.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 1 - Preneed Consumer Protection Fund › Section 1-4 - Board approval of disbursement

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC  25-1-11; IC  30-2-13-33
Sec. 4.2
(a) The board shall determine to its satisfaction that the seller does not possess the financial means to deliver or provide the prepaid services or merchandise based on a review of any of the following:
(1) A disciplinary proceeding against the seller or other licensee under IC  25-1-11.
(2) Bankruptcy proceedings.
(3) Whether the seller has been acquired by a successor who by law has assumed the obligations of the seller, including the preneed funeral contracts.
(4) Trust or escrow accounts held by or entered into by the seller.
(5) Assets held by the seller.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 1 - Preneed Consumer Protection Fund › Section 1-5 - Interest

Current through July 10, 2024
Authority: IC  25-15-9-8; IC  30-2-13-34
Affected: IC 30-2
Sec. 5.
(a) The amount of restitution shall include interest, calculated at the statutory rate, on the gross amount owed, compounded annually, for each year for which restitution is owed starting from the date of the original preneed contract.
(b) Restitution paid to a funeral home, funeral director, or cemetery owner that performs a defaulted contract shall not exceed the gross amount of the cost of services actually rendered.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 2 - Consumer Protection Fund for Cemetery Maintenance › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC 23-14; IC  30-2-13
Sec. 1.
The definitions in IC  30-2-13, except for the following, apply throughout this article:
(1) "Cemetery" means a cemetery as defined at IC  23-14-33-7 that is eligible for coverage under IC  23-14-48.5-1.
(2) "Consumer protection fund for cemetery maintenance" means the fund established under IC  23-14-48.5-4.
(3) "Fund" means the consumer protection fund for cemetery maintenance.
(4) "Maintenance" means the care of cemetery grounds and graves in keeping with a properly maintained cemetery and includes the following:
(A) Cutting grass at reasonable intervals.
(B) Raking and cleaning cemetery plots at reasonable intervals.
(C) Pruning shrubs and tress
[sic]
.
(D) Keeping in repair and preserving the following:
(i) Drains.
(ii) Water lines.
(iii) Roads.
(iv) Buildings.
(v) Fences.
(vi) Other structures.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 2 - Consumer Protection Fund for Cemetery Maintenance › Section 2-2 - Purpose of the consumer protection fund for cemetery maintenance

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  23-14-48-10; IC  23-14-48.5
Sec. 2.
The purpose of the consumer protection fund for cemetery maintenance is to provide funding for cemetery maintenance when:
(1) a cemetery owner is unable to maintain a cemetery;
(2) the perpetual care fund of a cemetery is depleted or otherwise unavailable; and
(3) interested persons have not organized under IC  23-14-48-10 in order to take over the management, care, and general supervision of the cemetery.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 2 - Consumer Protection Fund for Cemetery Maintenance › Section 2-3 - Request for maintenance assistance

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  23-14-48-7; IC  23-14-48.5
Sec. 3.
(a) A request for maintenance assistance at a cemetery must be in writing and on a form prescribed by the board.
(b) A request may be filed by the cemetery owner. If the cemetery owner is unable to be determined, the request may be filed by:
(1) the owner of a lot in the cemetery;
(2) the next of kin of a lot owner; or
(3) any other interested person.
Indiana Administrative Code › Title 832 - STATE BOARD OF FUNERAL AND CEMETERY SERVICE › Article 8 - CONSUMER PROTECTION FUNDS › Rule 2 - Consumer Protection Fund for Cemetery Maintenance › Section 2-4 - Approval or disapproval; notice of termination

Current through July 10, 2024
Authority: IC  25-15-9-8
Affected: IC  23-14-48.5
Sec. 4.
(a) The board shall issue its written findings of fact approving or disapproving a request for maintenance assistance within thirty (30) days of its receipt.
(b) An approved request shall be reviewed and revised as necessary at least every ninety (90) days.
(c) Upon the termination of its approval for maintenance assistance, the board shall issue a written notice to the cemetery owner or the person who filed the request under section 3(b) of this rule.