Sec. 45. (a) After completion of the cremation process, if a crematory authority existing on cemetery property has not been instructed to arrange for the interment, entombment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver the cremated remains to the funeral director of record not later than thirty (30) days after the date of cremation. After delivery of the cremated remains, the crematory authority is discharged from any legal obligation or liability concerning the disposition of the cremated remains.

     (b) A funeral director may hold remains returned by a crematory authority for not longer than sixty (60) days from the date of cremation and may dispose of the remains as previously arranged, or if no arrangement has been made, at the end of sixty (60) days, in any legal manner.

Terms Used In Indiana Code 23-14-31-45

  • authorizing agent: means a person legally entitled to order the cremation and final disposition of specific human remains. See Indiana Code 23-14-31-2
  • cremated remains: means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device. See Indiana Code 23-14-31-7
  • 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
  • disposition: means the cremation or other disposition of a dead human body or a part of a dead human body. See Indiana Code 23-14-31-13
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • scattering: means the final disposition of cremated human remains under section 44(a)(3) of this chapter. See Indiana Code 23-14-31-18
     (c) A funeral director and crematory authority shall observe religious practices or preferences specified by the authorizing agent.

As added by P.L.231-1995, SEC.2. Amended by P.L.112-2014, SEC.3.

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