IN Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Indiana funeral service statute

Indiana's funeral service law is codified primarily in IC 25-15, with administrative rules in 820 IAC 3 governing licensure, practice, and discipline of funeral directors and embalmers.

State Board authority

The Indiana State Board of Funeral and Cemetery Service licenses funeral directors, embalmers, and cemeteries, adopts rules, approves training, and imposes discipline for violations.

Unlicensed practice

Performing funeral directing or embalming without a valid Indiana license, or aiding an unlicensed person to practice, violates statute and exposes both parties to sanctions.

Apprenticeship registration

Indiana requires supervised practical training for licensure; the apprenticeship must be registered with the board, and unregistered or unsupervised practice can be grounds for discipline.

Disposition priority order

Indiana's default order for disposition authority is surviving spouse, then adult children or their descendants, then parents, then next of kin, unless a valid written designation controls.

Written disposition designation

A signed written designation or funeral planning declaration naming an agent overrides the default statutory priority list for who controls disposition of remains.

Cost liability of authorizer

The person with legal right of disposition is responsible for the reasonable cost of disposition; the funeral home should document that acknowledgment in the contract.

General price list

A dated list of the funeral home's goods and services and their prices, which must be available for inspection and provided during arrangements.

Itemized statement

A written statement listing the specific goods and services selected and the total cost, provided before services are performed and retained in the case file.

Embalming disclosure

Indiana law does not require embalming in every case; if a firm requires it, the requirement and reason must be disclosed before the family selects services.

Cremation authorization

Cremation requires specific written authorization from the person with legal right of disposition, retained with the case file before cremation occurs.

Bloodborne pathogens standard

OSHA 29 CFR 1910.1030 requires an exposure control plan, Hepatitis B vaccination offer, PPE, labeling, and confidential post-exposure evaluation for funeral employees.

Formaldehyde exposure limits

OSHA 29 CFR 1910.1048 sets an 8-hour time-weighted average of 0.75 ppm and a 15-minute short-term exposure limit of 2 ppm for formaldehyde.

Standard precautions

Treat every decedent as potentially infectious and use gloves, gown, eye protection, and sharps precautions regardless of known infection status.

Arterial solution strength

Solution strength is the formaldehyde concentration delivered to tissues, calculated from the fluid's index and the dilution ratio with water.

Cavity embalming

After arterial injection, concentrated fluid is injected into the thoracic and abdominal cavities to treat organs and reduce decomposition and gas formation.

Restorative art purpose

Restorative art uses wax, cosmetics, and tissue building to restore natural contour and color, producing a recognizable and natural appearance for viewing.

Preneed trust funding

Preneed contract funds must be deposited into a trust or used to purchase insurance as allowed by statute; commingling with operating funds is prohibited.

Guaranteed preneed contract

A guaranteed contract obligates the provider to deliver specified goods and services at the contract price, with no additional charges at need.

Non-guaranteed contract

A non-guaranteed preneed contract allows the provider to charge the difference between the contract price and the current price at the time of need.

Preneed cancellation rights

Contracts must state cancellation and refund rights, including how trust principal and income are handled and the beneficiary's right to transfer the contract.

Prohibited solicitation

Soliciting funeral or preneed business at hospitals, nursing homes, or the place of death without permission is prohibited and is grounds for discipline.

Referral fee prohibition

Paying or receiving undisclosed fees for referrals of funeral or preneed business is a conflict of interest and a violation of professional conduct rules.

Direct cremation container

A provider may not require a casket for direct cremation unless law or the firm's disclosed health and safety policy requires an appropriate container.

Deceptive price practices

Misrepresenting legal requirements, bundling unwanted goods, or quoting inaccurate prices are deceptive practices subject to board discipline and consumer remedies.

Board complaint process

Complaints against licensees are investigated by the board, which may impose reprimand, probation, suspension, revocation, or civil penalties after a hearing.

Endowment care fund

Cemetery endowment care funds must be maintained and used for cemetery maintenance as prescribed by statute, with records available for inspection.

Cemetery interment records

Cemetery operators must keep permanent records of each interment, including name, date, lot, and grave location, and maintain accurate plats and maps.

Disinterment authorization

Disinterment requires legal authorization such as a court order or statutory consent, plus compliance with health department rules and cemetery procedures.

Continuing education renewal

License renewal requires completing the required continuing education and paying fees by the deadline; practicing on a lapsed license is a violation.

Confidentiality obligation

Licensees must protect family and decedent information and release records only as authorized by law, by the family, or by board inquiry.

Truthful advertising rule

Advertising and price representations must be accurate and not misleading, with no false claims of affiliation or guarantees the firm cannot honor.