Sec. 35. (a) A crematory authority shall not require that human remains be placed in a casket before cremation or that human remains be cremated in a casket.

     (b) A crematory authority shall not accept human remains unless the remains are delivered to the crematory authority in a casket or an alternative container. However, a crematory authority may not require that the human remains be delivered in a casket.

Terms Used In Indiana Code 23-14-31-35

  • alternative container: means a rigid or nonrigid receptacle or other enclosure that:

    Indiana Code 23-14-31-1

  • casket: means a rigid enclosure that:

    Indiana Code 23-14-31-6

  • cremation: means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. See Indiana Code 23-14-31-8
  • crematory: means a building or structure, including a holding facility where human remains are or are intended to be cremated. See Indiana Code 23-14-31-11
  • crematory authority: means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations. See Indiana Code 23-14-31-12
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • human remains: means the body or a part of the body of an individual, including human remains that have been cremated. See Indiana Code 23-14-31-16
     (c) A crematory authority shall not refuse to accept human remains for cremation because the human remains are not embalmed.

     (d) A crematory authority shall not accept a casket or an alternative container if there is evidence of the leakage of body fluids.

As added by P.L.231-1995, SEC.2.

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