Bill Text: IN HB1285 | 2013 | Regular Session | Introduced
Bill Title: Dissolution of human remains.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Public Health [HB1285 Detail]
Download: Indiana-2013-HB1285-Introduced.html
Citations Affected: IC 23-14-31.5; IC 25-15-11; IC 34-30-2-90.1;
IC 35-51-23-1.
Synopsis: Dissolution of human remains. Provides for alkaline
hydrolysis as a means for the dissolution of human remains. Requires
the state board of funeral and cemetery service to adopt rules governing
alkaline hydrolysis for the dissolution of human remains.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Public Health.
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A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
Chapter 31.5. Alkaline Hydrolysis
Sec. 1. As used in this chapter, "alkaline hydrolysis" means a disposition process involving the dissolution of human remains by placing the remains in a dissolution chamber containing water and a chemical solution that includes:
(1) potassium hydroxide or sodium hydroxide; or
(2) a combination of potassium hydroxide and sodium hydroxide;
and introducing heat to break down the remains until only bone fragments that may be pulverized and a liquid substance remain.
Sec. 2. As used in this chapter, "alkaline hydrolysis authority" means the legal entity or the entity's authorized representative that is registered by the board to operate an alkaline hydrolysis chamber and to perform alkaline hydrolysis.
Sec. 3. As used in this chapter, "authorizing agent" means a person legally entitled to order alkaline hydrolysis and the final disposition of specific human remains.
Sec. 4. As used in this chapter, "board" means the state board of funeral and cemetery service established by IC 25-15-9-1.
Sec. 5. As used in this chapter, "body part" means:
(1) a limb or other part of the human anatomy that is removed for medical purposes, treatment, surgery, biopsy, autopsy, or medical research; or
(2) a human body or a part of a human body that has been donated to science for medical research purposes.
Sec. 6. As used in this chapter, "burial transit permit" means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12.
Sec. 7. As used in this chapter, "disposition" means the use of alkaline hydrolysis on a dead human body or a part of a dead human body.
Sec. 8. As used in this chapter, "dissolution" refers to alkaline hydrolysis.
Sec. 9. As used in this chapter, "dissolution chamber" means a vessel specifically made for alkaline hydrolysis that is closed and sealed on all sides when human remains are placed inside and dissolution takes place.
Sec. 10. As used in this chapter, "funeral home" means a place that is licensed under IC 25-15 where:
(1) alkaline hydrolysis is performed;
(2) human remains are prepared for a funeral or disposition;
(3) human remains are held for disposition; and
(4) funerals are conducted or provided.
Sec. 11. (a) As used in this chapter, "remains" means all human remains recovered after the completion of the alkaline hydrolysis on a human body or body part, including the residue of any foreign materials, dental work, or eyeglasses that were with the human remains when the alkaline hydrolysis was conducted but excluding any prosthetic or medical device.
(b) The term does not include any liquid substance remaining after alkaline hydrolysis.
Sec. 12. As used in this chapter, "scattering" means mixing remains with or placing remains on top of the soil or ground cover.
Sec. 13. As used in this chapter, "scattering area" means a designated area on dedicated cemetery property where remains that have been removed from their container after the
performance of alkaline hydrolysis can be mixed with or placed on
top of the soil or ground cover.
Sec. 14. As used in this chapter, "urn" means a receptacle
designed to encase remains after the performance of alkaline
hydrolysis.
Sec. 15. A funeral home where alkaline hydrolysis is performed
shall obtain all necessary licenses and permits from appropriate
local, state, or federal agencies.
Sec. 16. (a) Each alkaline hydrolysis authority shall file an
annual report with the board. The report must include any changes
in the information required under this chapter or a statement
indicating that no changes have occurred.
(b) Except as provided in subsection (c), the annual report must
be filed not later than ninety (90) days after the end of the fiscal
year of the alkaline hydrolysis authority.
(c) If the fiscal year of an alkaline hydrolysis authority is not the
calendar year, the alkaline hydrolysis authority shall file the
annual report within seventy-five (75) days after the end of the
alkaline hydrolysis authority's fiscal year.
(d) If an alkaline hydrolysis authority files a written request for
an extension and demonstrates good cause for the extension, the
board shall grant an extension of not more than sixty (60) days for
filing the annual report.
(e) If an alkaline hydrolysis authority fails to submit an annual
report to the board within the time specified in subsection (c) or
(d), the board may take any of the actions allowed under
IC 25-15-9.
Sec. 17. Upon reasonable notice, the board may inspect all
records relating to the registration and annual report of the
alkaline hydrolysis authority that is required to be filed under this
chapter.
Sec. 18. (a) Except as provided in subsection (c), the following
persons, in the priority listed, have the right to serve as an
authorizing agent:
(1) A person:
(A) granted the authority to serve in a funeral planning
declaration executed by the decedent under IC 29-2-19; or
(B) named in a United States Department of Defense form
"Record of Emergency Data" (DD Form 93) or a successor
form adopted by the United States Department of Defense,
if an individual who completed the form died while serving
in any branch of the United States armed forces (as defined
in 10 U.S.C. 1481).
(2) An individual specifically granted the authority to serve in
a power of attorney or a health care power of attorney
executed by the decedent under IC 30-5-5-16.
(3) The individual who was the spouse of the decedent at the
time of the decedent's death, except when:
(A) a petition to dissolve the marriage or for legal
separation of the decedent and spouse is pending with a
court at the time of the decedent's death, unless a court
finds that the decedent and spouse were reconciled before
the decedent's death; or
(B) a court determines the decedent and spouse were
physically and emotionally separated at the time of death
and the separation was for an extended time that clearly
demonstrates an absence of due affection, trust, and regard
for the decedent.
(4) The decedent's surviving adult child or, if more than one
(1) adult child is surviving, the majority of the adult children.
However, fewer than half of the surviving adult children have
the rights under this subdivision if the adult children have
used reasonable efforts to notify the other surviving adult
children of their intentions and are not aware of any
opposition to the final disposition instructions by more than
half of the surviving adult children.
(5) The decedent's surviving parent or parents. If one (1) of
the parents is absent, the parent who is present has authority
under this subdivision if the parent who is present has used
reasonable efforts to notify the absent parent.
(6) The decedent's surviving sibling or, if more than one (1)
sibling is surviving, the majority of the surviving siblings.
However, fewer than half of the surviving siblings have the
rights under this subdivision if the siblings have used
reasonable efforts to notify the other surviving siblings of
their intentions and are not aware of any opposition to the
final disposition instructions by more than half of the
surviving siblings.
(7) The individual in the next degree of kinship under
IC 29-1-2-1 to inherit the estate of the decedent or, if more
than one (1) individual of the same degree of kinship is
surviving, the majority of those who are of the same degree of
kinship. However, fewer than half of the individuals who are
of the same degree of kinship have the rights under this
subdivision if they have used reasonable efforts to notify the
other individuals who are of the same degree of kinship of
their intentions and are not aware of any opposition to the
final disposition instructions by more than half of the
individuals who are of the same degree of kinship.
(8) If none of the persons described in subdivisions (1)
through (7) are available, any other person willing to act and
arrange for the final disposition of the decedent's remains,
including a funeral home that:
(A) has a valid prepaid funeral plan executed under
IC 30-2-13 that makes arrangements for the disposition of
the decedent's remains; and
(B) attests in writing that a good faith effort has been made
to contact any living individuals described in subdivisions
(1) through (7).
(9) In the case of an indigent or other individual whose final
disposition is the responsibility of the state or township, the
following may serve as the authorizing agent:
(A) If none of the persons identified in subdivisions (1)
through (8) are available:
(i) a public administrator, including a responsible
township trustee or the trustee's designee; or
(ii) the coroner.
(B) A state appointed guardian.
However, alkaline hydrolysis may not be used on the human
remains of an indigent decedent if a surviving family member
objects to the use of alkaline hydrolysis or if use of alkaline
hydrolysis would be contrary to the religious practices of the
deceased individual as expressed by the individual or the
individual's family.
(10) In the absence of any person under subdivisions (1)
through (9), any person willing to assume the responsibility as
the authorizing agent, as specified in this article.
(b) When a body part of a nondeceased individual is to be
disposed of using alkaline hydrolysis, a representative of the
institution that has arranged with the alkaline hydrolysis authority
to perform alkaline hydrolysis on the body part may serve as the
authorizing agent.
(c) If:
(1) the death of the decedent appears to have been the result
of:
(A) murder (IC 35-42-1-1);
(B) voluntary manslaughter (IC 35-42-1-3); or
(C) another criminal act, if the death does not result from the operation of a vehicle; and
(2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as the authorizing agent.
(d) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the alkaline hydrolysis authority of the determination under subsection (c)(2).
(e) If a person vested with a right under subsection (a) does not exercise that right not later than seventy-two (72) hours after the person receives notification of the death of the decedent, the person forfeits the person's right to determine the final disposition of the decedent's remains, and the right to determine final disposition passes to the next person described in subsection (a).
(f) An alkaline hydrolysis authority has the right to rely in good faith on the representations of a person listed in subsection (a) that any other individuals of the same degree of kinship have been notified of the final disposition instructions.
(g) If there is a dispute concerning the disposition of a decedent's remains, an alkaline hydrolysis authority is not liable for refusing to accept the remains of the decedent until the authority receives:
(1) a court order; or
(2) a written agreement signed by the disputing parties;
that determines the final disposition of the decedent's remains. If an alkaline hydrolysis authority agrees to shelter the remains of the decedent while the parties are in dispute, the alkaline hydrolysis authority may collect any applicable fees for storing the remains, including any legal fees that are incurred.
(h) Any cause of action filed under this section must be filed in a court with probate jurisdiction in the county where the decedent resided, unless the decedent was not a resident of Indiana.
(i) A spouse seeking a judicial determination under subsection (a)(3)(A) that the decedent and spouse were reconciled before the decedent's death may petition the court having jurisdiction over the dissolution or separation proceeding to make this determination by filing the petition under the same cause number
as the dissolution or separation proceeding. A spouse who files a
petition under this subsection is not required to pay a filing fee.
Sec. 19. (a) Except as provided in subsection (c), an alkaline
hydrolysis authority may not perform alkaline hydrolysis on
human remains until the authority has received the following
information:
(1) An alkaline hydrolysis authorization form provided by the
alkaline hydrolysis authority, signed by an authorizing agent,
that contains the following information:
(A) The identity of the human remains and the time and
date of death.
(B) The name of the funeral director who obtained the
alkaline hydrolysis authorization.
(C) The name of the authorizing agent and the relationship
between the authorizing agent and the decedent.
(D) A statement by the authorizing agent that the
authorizing agent:
(i) has the right to authorize the use of alkaline
hydrolysis on the decedent;
(ii) is not aware of any person who has a superior
priority right to that of the authorizing agent; or
(iii) if the authorizing agent is aware that there is
another person who has a superior priority right to that
of the authorizing agent, has been unable to contact the
person, and has no reason to believe that the person
would object to the performance of alkaline hydrolysis
on the decedent.
(E) Authorization for the alkaline hydrolysis authority to
perform alkaline hydrolysis on the human remains.
(F) The name of the funeral director authorized to receive
the remains from the alkaline hydrolysis authority.
(G) The manner in which final disposition of the remains
is to take place, if known. If the alkaline hydrolysis
authorization form does not specify final disposition in a
grave, niche, or scattering area, the form may indicate that
the remains will be held by the alkaline hydrolysis
authority for not longer than thirty (30) days from the date
of performance of alkaline hydrolysis before the remains
are released. The form may indicate that the alkaline
hydrolysis authority shall return remains that have not
been disposed of within thirty (30) days to the funeral
director or funeral home of record, who shall hold them
for not longer than sixty (60) days after the date of the
performance of alkaline hydrolysis before disposing of the
remains either as previously authorized or, if there is no
authorization, in any legal manner. The funeral home is
not liable for:
(i) disposing of remains in any manner permitted by law
if the remains have been held; or
(ii) holding the remains;
after the sixty (60) days permitted under this clause if the
authorizing agent fails to claim the remains during the
sixty (60) day period. The funeral home must first send
written notice by certified mail return receipt requested to
the authorizing agent that explains the intentions of the
funeral home regarding the disposal of or holding of the
remains in order for the funeral home to be immune from
liability under this clause.
(H) A statement confirming the identity of the valuables
and prosthetics belonging to the decedent previously taken
and being held by the funeral director or the funeral home.
(I) A statement prohibiting the alkaline hydrolysis
authority from selling nonorganic material recovered from
the decedent.
(J) A statement that the authorizing agent has made
specific arrangements for any viewing of the decedent
before the performance of alkaline hydrolysis, or for a
service with the decedent present before the performance
of alkaline hydrolysis. If a viewing or service is planned,
the date and time of the viewing or service and whether the
alkaline hydrolysis authority is authorized to proceed with
alkaline hydrolysis upon receipt of the decedent.
(K) The signature of the authorizing agent, attesting to the
accuracy of all representations contained on the alkaline
hydrolysis authorization form.
(2) A completed and executed burial transit permit provided
by the local health officer to the funeral director indicating
that alkaline hydrolysis is to be used on the human remains.
(3) A copy of:
(A) the completed and executed certificate of death; or
(B) a release for alkaline hydrolysis by the coroner if an
investigation of the circumstances of the deceased person's
death came under the authority of the coroner; however,
the release does not constitute an authorization as required
by this chapter.
(b) The alkaline hydrolysis authorization form required under
subsection (a)(1) must be signed by the funeral director who
obtains the alkaline hydrolysis authorization. The funeral director
shall execute the alkaline hydrolysis authorization form as a
witness and is not responsible for the representations made by the
authorizing agent unless the funeral director has actual knowledge
of a false or inaccurate representation. The funeral director shall
certify to the alkaline hydrolysis authority that the human remains
delivered to the alkaline hydrolysis authority are the human
remains identified by the authorizing agent on the alkaline
hydrolysis authorization form.
(c) Notwithstanding subsection (a)(3)(A), a death certificate is
not required for the performance of alkaline hydrolysis on the
human remains of a person:
(1) who died in another state; and
(2) whose human remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of performance of alkaline hydrolysis at an
Indiana alkaline hydrolysis facility;
if the funeral director or funeral director's agent obtains the
documents required for the performance of alkaline hydrolysis by
the state in which the death occurred. However, if final disposition
of the human remains is to occur in Indiana, subsection (a)(3)(A)
applies.
Sec. 20. (a) If the authorizing agent is not available to execute an
alkaline hydrolysis authorization form in person, the authorizing
agent may delegate the authority to another person in writing,
including a facsimile transmission, telegram, or other electronic
transmission.
(b) A written delegation of authority of an authorizing agent
must include:
(1) the name, address, and relationship of the authorizing
agent to the decedent; and
(2) the name and address of the person to whom authority is
delegated.
(c) A person authorized under subsections (a) and (b) may serve
as the authorizing agent and execute the alkaline hydrolysis
authorization form.
(d) An alkaline hydrolysis authority is not liable for relying on
an alkaline hydrolysis authorization form executed in compliance
with this section.
Sec. 21. (a) Except for the information required under section
19(a)(1)(F) of this chapter, an authorizing agent who signs an
alkaline hydrolysis authorization form certifies that the facts on
the alkaline hydrolysis authorization form are true and that the
authorizing agent has authority to order the alkaline hydrolysis.
(b) An authorizing agent who signs an alkaline hydrolysis
authorization form is personally liable for damages resulting from
authorizing the alkaline hydrolysis.
(c) The authorizing agent is responsible for the final disposition
of a decedent's remains after the performance of alkaline
hydrolysis. The alkaline hydrolysis authority may hold the remains
for not longer than the thirty (30) day period under section 35 of
this chapter.
Sec. 22. (a) Except as provided in section 28 of this chapter, an
alkaline hydrolysis authority may perform alkaline hydrolysis
upon human remains upon receipt of an alkaline hydrolysis
authorization form signed by an authorizing agent.
(b) In the absence of gross negligence or noncompliance with
this chapter, an alkaline hydrolysis authority is not liable for:
(1) performing alkaline hydrolysis on human remains
according to an alkaline hydrolysis authorization form; or
(2) releasing or disposing of the remains after the
performance of alkaline hydrolysis according to the
authorization form.
Sec. 23. After an authorizing agent has executed an alkaline
hydrolysis authorization form, the authorizing agent may revoke
the authorization and instruct the alkaline hydrolysis authority to
cancel the alkaline hydrolysis and to release or deliver the human
remains to another alkaline hydrolysis authority or funeral home.
The instructions must be provided to the alkaline hydrolysis
authority in writing. An alkaline hydrolysis authority shall comply
with instructions given to the authority by an authorizing agent
under this section if the alkaline hydrolysis authority receives the
instructions before beginning the alkaline hydrolysis of the human
remains.
Sec. 24. (a) The alkaline hydrolysis authority shall furnish a
receipt to the funeral director or the funeral director's
representative who delivers human remains to the alkaline
hydrolysis authority. The receipt must:
(1) be signed by both the alkaline hydrolysis authority and the
funeral director or the funeral director's representative who
delivers the human remains; and
(2) contain the following information:
(A) The date and time of the delivery.
(B) The type of container that was delivered.
(C) The name of the person from whom the human
remains were received and the name of the funeral home
or other entity with whom the person is affiliated.
(D) The name of the person who received the human
remains on behalf of the alkaline hydrolysis authority.
(E) The name of the decedent.
(b) Upon the release of remains, the alkaline hydrolysis
authority shall furnish a receipt to the person who receives the
remains from the alkaline hydrolysis authority. The receipt must
be signed by both the alkaline hydrolysis authority and the person
who receives the remains and must contain the following
information:
(1) The date and time of the release.
(2) The name of the person who received the remains and the
name of the funeral home, cemetery, or other entity with
whom the person is affiliated.
(3) The name of the person who released the remains on
behalf of the alkaline hydrolysis authority.
(4) The name of the decedent.
(c) The alkaline hydrolysis authority shall retain a copy of each
receipt under this section in the authority's permanent records.
Sec. 25. (a) An alkaline hydrolysis authority shall maintain at
the authority's place of business a permanent record of each
alkaline hydrolysis that took place at the facility. The record must
contain the name of the decedent and the date of the alkaline
hydrolysis.
(b) The alkaline hydrolysis authority shall maintain a record of
all remains from alkaline hydrolysis disposed of by the alkaline
hydrolysis authority under section 26 of this chapter.
Sec. 26. Each alkaline hydrolysis authority shall maintain a
record of all remains:
(1) that are disposed of on the alkaline hydrolysis authority's
property;
(2) that have been properly transferred to the cemetery; and
(3) for which the cemetery has issued a receipt acknowledging
the transfer of the remains.
Sec. 27. (a) An alkaline hydrolysis authority may not require
that human remains be placed in a casket before alkaline
hydrolysis or that human remains be placed in a casket for the
performance of alkaline hydrolysis.
(b) An alkaline hydrolysis authority may not refuse to accept
human remains for alkaline hydrolysis because the human remains
are not embalmed.
(c) An alkaline hydrolysis authority may not accept a casket or
an alternative container if there is evidence of the leakage of body
fluids.
Sec. 28. (a) Except:
(1) when waived in writing by the city or county health officer
where the death occurred; or
(2) as provided in subsection (d);
alkaline hydrolysis may not be performed on human remains less
than forty-eight (48) hours after the time of death as indicated on
the medical certificate of death or the coroner's certificate.
(b) Except as provided in subsection (a), unless the alkaline
hydrolysis authority has received specific instructions to the
contrary on the alkaline hydrolysis authorization form, an alkaline
hydrolysis authority may schedule the performance of the alkaline
hydrolysis at the authority's convenience at any time after the
human remains have been delivered to the alkaline hydrolysis
authority.
(c) An alkaline hydrolysis authority may not use alkaline
hydrolysis for human remains when the authority has actual
knowledge that the human remains contain a material or implant
that may be potentially hazardous to the individual performing the
alkaline hydrolysis.
(d) The mandatory delay of forty-eight (48) hours imposed by
subsection (a) does not apply to the performance of alkaline
hydrolysis of the human remains of a person:
(1) who died in another state; and
(2) whose human remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of alkaline hydrolysis at an Indiana alkaline
hydrolysis facility;
if the funeral director or funeral director's agent obtains the
documents required for the performance of alkaline hydrolysis.
Sec. 29. (a) An alkaline hydrolysis authority may not perform
the simultaneous alkaline hydrolysis of human remains of more
than one (1) individual within the same alkaline hydrolysis
chamber unless the authority has obtained the prior written
consent of the authorizing agents of each individual.
(b) Subsection (a) does not prevent the simultaneous
performance of alkaline hydrolysis within the same alkaline
hydrolysis chamber of body parts delivered to the alkaline
hydrolysis authority from multiple sources, or the use of alkaline
hydrolysis equipment that contains more than one (1) alkaline
hydrolysis chamber.
Sec. 30. If all the recovered remains after the performance of
alkaline hydrolysis will not fit in the container that has been
selected, the remainder of the remains must be placed in a
separate, additional container and returned to the funeral home or
funeral director for return to the authorizing agent.
Sec. 31. (a) Remains may be shipped only by a method that has
an internal tracing system that provides a receipt signed by the
person accepting delivery.
(b) An alkaline hydrolysis authority must maintain an
identification system that ensures that the authority can identify
the human remains in the authority's possession throughout all
phases of alkaline hydrolysis.
Sec. 32. The authorizing agent is responsible for the decision
concerning final disposition of the remains in accordance with
sections 34 and 35 of this chapter. The funeral director is not liable
for an act of the authorizing agent.
Sec. 33. Any liquid substance remaining after the performance
of alkaline hydrolysis shall be disposed of by the alkaline hydrolysis
authority in any manner the alkaline hydrolysis authority sees fit.
However, an alkaline hydrolysis authority must:
(1) comply with any federal, state, or local requirements
governing the disposal of the remaining liquid; and
(2) obtain any federal, state, or local permits governing the
disposal of the remaining liquid.
Sec. 34. (a) Remains after the performance of alkaline
hydrolysis may be retained by the person having legal control over
the remains or may be disposed of in any of the following manners:
(1) Placing the remains in a grave, niche, or crypt.
(2) Scattering the remains in a scattering area.
(3) Disposing of the remains in any manner if:
(A) the remains are reduced to a particle size of one-eighth
(1/8) inch or less; and
(B) the disposal is made on the property of a consenting
owner, on uninhabited public land, or on a waterway.
(b) The state department of health shall adopt forms for
recording the following information concerning the disposal of
remains on which alkaline hydrolysis has been performed on the
property of a consenting owner:
(1) The date and manner of the disposal of the remains.
(2) The legal description of the property where the remains
were disposed.
The owner of the property where the remains were disposed and
the person having legal control over the remains shall attest to the
accuracy of the information supplied on the forms. The owner of
the property where the remains were disposed shall record the
forms with the county recorder of the county in which the property
is located and shall return the form and the burial transit permit
described in IC 16-37-3, within ten (10) days after the remains are
disposed.
Sec. 35. (a) After completion of alkaline hydrolysis, if an alkaline
hydrolysis authority existing on cemetery property has not been
instructed to arrange for the interment, entombment, inurnment,
or scattering of the remains, the alkaline hydrolysis authority shall
deliver the remains to the funeral director of record not later than
thirty (30) days after the date of the performance of the alkaline
hydrolysis. The delivery may be made in person or by registered
mail. After delivery of the remains, the alkaline hydrolysis
authority is discharged from any legal obligation or liability
concerning the disposition of the remains.
(b) A funeral director may hold remains returned by an alkaline
hydrolysis authority for not longer than sixty (60) days after the
date of the performance of alkaline hydrolysis and may dispose of
the remains as previously arranged or, if no arrangement has been
made, in any legal manner at the end of sixty (60) days.
(c) A funeral director and alkaline hydrolysis authority shall
observe religious practices or preferences specified by the
authorizing agent.
Sec. 36. Except with the express written permission of the
authorizing agent, a person may not do the following:
(1) Dispose of remains in a manner or location that
commingles the alkaline hydrolysis remains with the remains
of another individual. This prohibition does not apply to the
scattering of remains on the ground, at sea, or in the air.
(2) Place the remains of more than one (1) individual in the
same temporary container or urn.
Sec. 37. An alkaline hydrolysis authority that has received an
executed alkaline hydrolysis authorization form and any additional
documentation required under section 19 of this chapter is not
liable for civil damages arising from the performance of alkaline
hydrolysis on the human remains designated by the alkaline
hydrolysis authorization form if the alkaline hydrolysis is
performed in accordance with this chapter.
Sec. 38. (a) An alkaline hydrolysis authority is not liable for civil
damages for refusing to accept human remains or refusing to
perform an alkaline hydrolysis until the alkaline hydrolysis
authority receives a court order or other suitable confirmation that
a dispute has been settled, if the authority:
(1) is aware of a dispute concerning the use of alkaline
hydrolysis on the human remains;
(2) has a reasonable basis for questioning any of the
representations made by the authorizing agent; or
(3) refuses to accept the human remains for any other lawful
reason.
(b) An alkaline hydrolysis authority is not required to accept
human remains for alkaline hydrolysis.
Sec. 39. (a) If an alkaline hydrolysis authority is aware of a
dispute concerning the release or disposition of remains, the
alkaline hydrolysis authority shall release the remains to the
funeral director or funeral home until the dispute has been
resolved.
(b) An alkaline hydrolysis authority is not liable for refusing to
release or dispose of remains in accordance with this section.
Sec. 40. An alkaline hydrolysis authority is not responsible or
liable for prosthetic devices or valuables delivered to the alkaline
hydrolysis authority with or integral to human remains, unless the
alkaline hydrolysis authority has received written instructions
under section 19(a)(1)(H) or 19(a)(1)(I) of this chapter. An alkaline
hydrolysis authority may not sell any nonorganic material
identified in this section obtained as a result of alkaline hydrolysis
or from the remains.
Sec. 41. A cemetery is not liable for remains that are dumped,
scattered, or otherwise deposited at the cemetery in violation of
this chapter if the action is taken without the cemetery's consent.
Sec. 42. (a) Except as provided in subsections (b), (c), and (d), a
person who knowingly or intentionally violates this chapter
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally:
(1) performs an alkaline hydrolysis without receipt of an
alkaline hydrolysis authorization form signed by an
authorizing agent;
(2) signs an alkaline hydrolysis authorization form that the
person knows contains false or incorrect information; or
(3) violates an alkaline hydrolysis procedure under sections 28
through 31 of this chapter;
commits a Class D felony.
(c) An alkaline hydrolysis authority that knowingly represents
to an authorizing agent or the agent's designee that a temporary
container or urn contains the remains of a specific decedent when
the container or urn does not contain the remains commits a Class
D felony.
(d) A person:
(1) who recklessly, knowingly, or intentionally:
(A) professes to the public to be an alkaline hydrolysis
authority; or
(B) operates a building or structure in Indiana as an
alkaline hydrolysis facility;
without being registered under this chapter; or
(2) who recklessly, knowingly, or intentionally fails to file an
annual report required under section 16 of this chapter;
commits a Class A misdemeanor.
Sec. 43. If an alkaline hydrolysis authority:
(1) refuses to file or neglects to file an annual report under
section 16 of this chapter;
(2) fails to comply with the registration requirements under
this chapter; or
(3) refuses to comply with the record inspection requirements
under section 17 of this chapter;
the board may maintain an action in the name of the state of
Indiana to enjoin the alkaline hydrolysis authority from
performing alkaline hydrolysis.
Chapter 11. Alkaline Hydrolysis
Sec. 1. As used in this chapter, "alkaline hydrolysis" has the meaning set forth in IC 23-14-31.5-1.
Sec. 2. As used in this chapter, "dissolution" has the meaning set forth in IC 23-14-31.5-8.
Sec. 3. As used in this chapter, "dissolution chamber" has the meaning set forth in IC 23-14-31.5-9.
Sec. 4. (a) Before January 1, 2014, the board shall adopt rules
under IC 4-22-2 to provide for alkaline hydrolysis as a method for
the disposal of human remains (as defined in IC 25-15-2-18). The
rules must cover the following:
(1) Regulation of facilities containing equipment designed for
the final disposition of human remains through dissolution.
(2) Regulation of dissolution chambers.
(3) Regulation of the pulverizing of bone fragments to an
unidentifiable dimension after dissolution.
(4) Setting standards for disposition of human remains that
result from pulverization, where the residual from alkaline
hydrolysis is reduced to unidentifiable dimensions.
(5) Setting standards for the dignified transportation of
human remains for the purpose of placement in a dissolution
chamber and setting standards for any other equipment,
container, or receptacle used in alkaline hydrolysis and the
disposal of remains.
(b) Rules adopted under this section must provide for the
following:
(1) Any chamber, container, receptacle, or other equipment
used in alkaline hydrolysis must be used exclusively for
human remains.
(2) Alkaline hydrolysis may be performed only by a funeral
director licensed under this article.
(3) Alkaline hydrolysis must be performed on the premises of
the funeral home licensed under this article.
IC 23-1-18-10 (Concerning business corporation law).
IC 23-2-2.5-37 (Concerning securities and franchises).
IC 23-2-5-16 (Concerning securities and franchises).
IC 23-2-6-33 (Concerning securities and franchises).
IC 23-7-8-8 (Concerning civil or charitable corporations).
IC 23-14-31-52 (Concerning cemetery associations).
IC 23-14-31.5 (Concerning alkaline hydrolysis).
IC 23-14-34-9 (Concerning cemetery associations).
IC 23-14-36-3 (Concerning cemetery associations).
IC 23-14-37-3 (Concerning cemetery associations).
IC 23-14-38-3 (Concerning cemetery associations).
IC 23-14-44-3 (Concerning cemetery associations).
IC 23-14-46-8 (Concerning cemetery associations).
IC 23-14-47-5 (Concerning cemetery associations).
IC 23-14-48-9 (Concerning cemetery associations).
IC 23-14-49-3 (Concerning cemetery associations).
IC 23-14-51-5 (Concerning cemetery associations).
IC 23-14-54-5 (Concerning cemetery associations).
IC 23-14-56-3 (Concerning cemetery associations).
IC 23-14-57-7 (Concerning cemetery associations).
IC 23-14-58.5-5 (Concerning cemetery associations).
IC 23-17-29-10 (Concerning nonprofit corporations).
IC 23-18-12-10 (Concerning limited liability corporations).
IC 23-19-5-8 (Concerning Indiana Uniform Securities Act).
IC 23-20-1-31 (Concerning victims of securities violations).
