Indiana 2025 Regular Session

Indiana House Bill HB1409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1409
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-15-9-8; IC 29-2-16.1.
7	7	Synopsis: Anatomical gifts. Requires a person who makes certain
8	8	anatomical gifts to: (1) designate on a form prescribed by the state
9	9	board of funeral and cemetery service the funeral home licensee to
10	10	whom custodial care of the decedent's body will be granted following
11	11	the recovery of the donated organ or tissue; and (2) submit the
12	12	designation to the appropriate procurement organization. Requires a
13	13	procurement organization to provide notice and certain information to
14	14	the designated funeral home licensee before the body of the decedent
15	15	subject to the anatomical gift is transported and recovery of the donated
16	16	organs or tissue begins.
17	17	Effective: July 1, 2025.
18	18	Genda
19	19	January 13, 2025, read first time and referred to Committee on Judiciary.
20	20	2025 IN 1409—LS 7721/DI 92 Introduced
21	21	First Regular Session of the 124th General Assembly (2025)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2024 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1409
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	probate.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 25-15-9-8, AS AMENDED BY P.L.65-2007,
36	36	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2025]: Sec. 8. The board shall do the following:
38	38	4 (1) Adopt rules under IC 4-22-2 to do the following:
39	39	5 (A) Establish standards for the sale and payment of funeral or
40	40	6 burial services or merchandise in advance of need.
41	41	7 (B) Establish the terms of contracts authorized under
42	42	8 IC 30-2-13.
43	43	9 (C) Implement IC 30-2-13.
44	44	10 (D) Implement IC 23-14-48.5.
45	45	11 (2) Register and issue certificates to sellers of merchandise or
46	46	12 services under IC 30-2-13.
47	47	13 (3) Determine compliance with this article by persons engaged in
48	48	14 the sale and payment of funeral or burial services or merchandise
49	49	15 in advance of need under IC 30-2-13.
50	50	16 (4) Investigate any complaint alleging a violation of IC 30-2-13.
51	51	17 (5) Set fees under IC 25-1-8.
52	52	2025 IN 1409—LS 7721/DI 92 2
53	53	1 (6) For a violation of this article or IC 30-2-13 by a person
54	54	2 engaged in the sale and payment of funeral or burial services or
55	55	3 merchandise in advance of need under IC 30-2-13, if necessary,
56	56	4 take any combination of the following actions:
57	57	5 (A) Issue an appropriate order to correct the violation.
58	58	6 (B) Suspend the seller's certificate of authority.
59	59	7 (C) Permanently revoke the seller's certificate of authority.
60	60	8 (D) Censure the seller.
61	61	9 (E) Issue a letter of reprimand to the seller.
62	62	10 (F) Place the seller on probation.
63	63	11 (G) Assess a civil penalty against the seller in an amount not
64	64	12 to exceed one thousand dollars ($1,000) for each violation,
65	65	13 except for a finding of incompetency due to a physical or
66	66	14 mental disability. When imposing a civil penalty, the board
67	67	15 shall consider the seller's ability to pay the amount assessed.
68	68	16 If the seller fails to pay the civil penalty within the time
69	69	17 specified by the board, the board may suspend the seller's
70	70	18 certificate of authority without additional proceedings.
71	71	19 However, a suspension may not be imposed if the sole basis
72	72	20 for the suspension is the seller's inability to pay a civil penalty.
73	73	21 (H) Refer the matter to the attorney general or prosecuting
74	74	22 attorney for enforcement.
75	75	23 (7) In addition to any actions taken under subdivision (6),
76	76	24 permanently revoke a seller's certificate of authority, if the seller
77	77	25 demonstrates a pattern or practice of violating the following
78	78	26 provisions:
79	79	27 (A) The requirement under IC 30-2-13-12 that all property
80	80	28 paid or delivered to fund a contract for prepaid services or
81	81	29 merchandise be irrevocably deposited to trust or escrow thirty
82	82	30 (30) days after the contract is signed.
83	83	31 (B) The prohibition against knowingly inducing a purchaser to
84	84	32 breach an existing contract under IC 30-2-13-13(e).
85	85	33 (8) Prescribe a form for designating the funeral home licensee
86	86	34 to whom custodial care of a decedent's body will be granted
87	87	35 following the recovery of organs or tissues donated under
88	88	36 IC 29-2-16.1.
89	89	37 SECTION 2. IC 29-2-16.1-8, AS AMENDED BY P.L.26-2021,
90	90	38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
91	91	39 JULY 1, 2025]: Sec. 8. (a) Subject to subsections (b) and (c), unless
92	92	40 barred by section 6 or 7 of this chapter, an anatomical gift of a
93	93	41 decedent's body or part for the purpose of transplantation, therapy,
94	94	42 research, or education may be made by any member of the following
95	95	2025 IN 1409—LS 7721/DI 92 3
96	96	1 classes of persons who are reasonably available, in the order of priority
97	97	2 listed:
98	98	3 (1) An agent of the decedent at the time of death who could have
99	99	4 made an anatomical gift under section 3(2) of this chapter
100	100	5 immediately before the decedent's death.
101	101	6 (2) The spouse of the decedent.
102	102	7 (3) Adult children of the decedent.
103	103	8 (4) Parents of the decedent.
104	104	9 (5) Adult siblings of the decedent.
105	105	10 (6) A guardian appointed by a court under IC 29-3-5-3.
106	106	11 (7) Adult grandchildren of the decedent.
107	107	12 (8) Grandparents of the decedent.
108	108	13 (9) An adult who exhibited special care and concern for the
109	109	14 decedent.
110	110	15 (10) Any other person having the authority to dispose of the
111	111	16 decedent's body.
112	112	17 (b) If there is more than one (1) member of a class listed in
113	113	18 subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) entitled
114	114	19 to make an anatomical gift, an anatomical gift may be made by a
115	115	20 member of the class unless that member or a person to whom the gift
116	116	21 may pass under section 10 of this chapter knows of an objection by
117	117	22 another member of the class. If an objection is known, the gift may be
118	118	23 made only by a majority of the members of the class who are
119	119	24 reasonably available.
120	120	25 (c) A person may not make an anatomical gift if, at the time of the
121	121	26 decedent's death, a person in a prior class under subsection (a) is
122	122	27 reasonably available to make or to object to the making of an
123	123	28 anatomical gift.
124	124	29 (d) A person who makes an anatomical gift under this section
125	125	30 must:
126	126	31 (1) designate on a form prescribed by the state board of
127	127	32 funeral and cemetery service the funeral home licensee (as
128	128	33 defined in IC 25-15-2-16) to whom custodial care of the
129	129	34 decedent's body will be granted following the recovery of the
130	130	35 donated organ or tissue; and
131	131	36 (2) submit the designation to the appropriate procurement
132	132	37 organization.
133	133	38 SECTION 3. IC 29-2-16.1-21, AS ADDED BY P.L.147-2007,
134	134	39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135	135	40 JULY 1, 2025]: Sec. 21. (a) A coroner shall cooperate with
136	136	41 procurement organizations to maximize the opportunity to recover
137	137	42 anatomical gifts for the purpose of transplantation, therapy, research,
138	138	2025 IN 1409—LS 7721/DI 92 4
139	139	1 education, or training.
140	140	2 (b) If a coroner receives notice from a procurement organization that
141	141	3 an anatomical gift might be available or was made with respect to a
142	142	4 decedent whose body is under the jurisdiction of the coroner and a
143	143	5 postmortem examination is going to be performed, unless the coroner
144	144	6 denies recovery in accordance with IC 36-2-14-22.6(f), the coroner or
145	145	7 designee shall, when practicable, conduct a postmortem examination
146	146	8 of the body or the part in a manner and within a period compatible with
147	147	9 its preservation for the purposes of the gift. If a coroner conducts a
148	148	10 postmortem examination outside of a compatible period, the coroner
149	149	11 must document why examination occurred outside of a compatible
150	150	12 period. It is considered sufficient documentation if the coroner
151	151	13 documents that additional time was necessary to conduct an adequate
152	152	14 medicolegal examination.
153	153	15 (c) A part may not be removed from the body of a decedent under
154	154	16 the jurisdiction of a coroner for transplantation, therapy, research, or
155	155	17 education unless the part is the subject of an anatomical gift. The body
156	156	18 of a decedent under the jurisdiction of the coroner may not be delivered
157	157	19 to a person for research or education unless the body is the subject of
158	158	20 an anatomical gift. This subsection does not preclude a coroner or
159	159	21 pathologist from performing the medicolegal investigation upon the
160	160	22 body or parts of a decedent under the jurisdiction of the coroner or
161	161	23 from using the body or parts of a decedent under the jurisdiction of the
162	162	24 coroner for the purposes of research, education, or training required by
163	163	25 the coroner or pathologist.
164	164	26 (d) The coroner's release, delivery, or other transport of the
165	165	27 body of a decedent that is the subject of an anatomical gift under
166	166	28 section 8 of this chapter is subject to the requirements of section 22
167	167	29 of this chapter.
168	168	30 SECTION 4. IC 29-2-16.1-22 IS ADDED TO THE INDIANA
169	169	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
170	170	32 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The following may not
171	171	33 occur until after the person making an anatomical gift under
172	172	34 section 8 of this chapter submits the designation required by
173	173	35 section 8(d) of this chapter to the appropriate procurement
174	174	36 organization:
175	175	37 (1) The body of a decedent that is the subject of an anatomical
176	176	38 gift under section 8 of this chapter may not be removed from
177	177	39 the place of death or the custody of the coroner.
178	178	40 (2) The procurement organization may not begin recovering
179	179	41 the donated organ or tissue from the decedent's body.
180	180	42 (b) A procurement organization that receives a designation
181	181	2025 IN 1409—LS 7721/DI 92 5
182	182	1 under section 8(d) of this chapter may not direct the transport of
183	183	2 the decedent's body for recovery of the donated organ or tissue
184	184	3 until after the procurement organization:
185	185	4 (1) notifies the designated funeral home licensee of the
186	186	5 designation; and
187	187	6 (2) provides the following information to the designated
188	188	7 funeral home licensee:
189	189	8 (A) The name of the decedent.
190	190	9 (B) The date and time of death as communicated to the
191	191	10 procurement organization by a hospital or the coroner.
192	192	11 (C) The name, telephone number, and other contact
193	193	12 information of the person who made the designation under
194	194	13 section 8(d) of this chapter.
195	195	14 (D) The estimated time that the recovery of donated organs
196	196	15 or tissue from the decedent's body will be completed.
197	197	16 (E) The estimated time that the custodial care of the
198	198	17 decedent's body will be transferred to the funeral home
199	199	18 licensee.
200	200	19 (c) The designated funeral home licensee that receives notice
201	201	20 from a procurement organization under subsection (b) shall
202	202	21 acknowledge receipt of the notice.
203	203	22 (d) A communication required by this section must be made in
204	204	23 a reasonable time that does not compromise or interfere with the
205	205	24 timely recovery of donated organs and tissues from the decedent's
206	206	25 body.
207	207	2025 IN 1409—LS 7721/DI 92