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.