Sec. 1. (a) 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;

(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; or

(8) is found to have accepted payment by assignment of third party life insurance proceeds for at-need funeral services performed for more than the amount of the contracted funeral expenses arranged for by an authorizing agent;

may be disciplined under IC 25-1-11.

(b) Subsection (a)(8) does not apply to funeral trust funds under IC 30-2-10 and IC 30-2-13.

As added by P.L.246-1985, SEC.7. Amended by P.L.207-1993, SEC.6; P.L.214-1993, SEC.46; P.L.47-2019, SEC.1.