Introduced Version
HOUSE BILL No. 1409
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-15-9-8; IC 29-2-16.1.
Synopsis: Anatomical gifts. Requires a person who makes certain
anatomical gifts to: (1) designate on a form prescribed by the state
board of funeral and cemetery service the funeral home licensee to
whom custodial care of the decedent's body will be granted following
the recovery of the donated organ or tissue; and (2) submit the
designation to the appropriate procurement organization. Requires a
procurement organization to provide notice and certain information to
the designated funeral home licensee before the body of the decedent
subject to the anatomical gift is transported and recovery of the donated
organs or tissue begins.
Effective: July 1, 2025.
Genda
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1409—LS 7721/DI 92 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1409
A BILL FOR AN ACT to amend the Indiana Code concerning
probate.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-15-9-8, AS AMENDED BY P.L.65-2007,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 8. The board shall do the following:
4 (1) Adopt rules under IC 4-22-2 to do the following:
5 (A) Establish standards for the sale and payment of funeral or
6 burial services or merchandise in advance of need.
7 (B) Establish the terms of contracts authorized under
8 IC 30-2-13.
9 (C) Implement IC 30-2-13.
10 (D) Implement IC 23-14-48.5.
11 (2) Register and issue certificates to sellers of merchandise or
12 services under IC 30-2-13.
13 (3) Determine compliance with this article by persons engaged in
14 the sale and payment of funeral or burial services or merchandise
15 in advance of need under IC 30-2-13.
16 (4) Investigate any complaint alleging a violation of IC 30-2-13.
17 (5) Set fees under IC 25-1-8.
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1 (6) For a violation of this article or IC 30-2-13 by a person
2 engaged in the sale and payment of funeral or burial services or
3 merchandise in advance of need under IC 30-2-13, if necessary,
4 take any combination of the following actions:
5 (A) Issue an appropriate order to correct the violation.
6 (B) Suspend the seller's certificate of authority.
7 (C) Permanently revoke the seller's certificate of authority.
8 (D) Censure the seller.
9 (E) Issue a letter of reprimand to the seller.
10 (F) Place the seller on probation.
11 (G) Assess a civil penalty against the seller in an amount not
12 to exceed one thousand dollars ($1,000) for each violation,
13 except for a finding of incompetency due to a physical or
14 mental disability. When imposing a civil penalty, the board
15 shall consider the seller's ability to pay the amount assessed.
16 If the seller fails to pay the civil penalty within the time
17 specified by the board, the board may suspend the seller's
18 certificate of authority without additional proceedings.
19 However, a suspension may not be imposed if the sole basis
20 for the suspension is the seller's inability to pay a civil penalty.
21 (H) Refer the matter to the attorney general or prosecuting
22 attorney for enforcement.
23 (7) In addition to any actions taken under subdivision (6),
24 permanently revoke a seller's certificate of authority, if the seller
25 demonstrates a pattern or practice of violating the following
26 provisions:
27 (A) The requirement under IC 30-2-13-12 that all property
28 paid or delivered to fund a contract for prepaid services or
29 merchandise be irrevocably deposited to trust or escrow thirty
30 (30) days after the contract is signed.
31 (B) The prohibition against knowingly inducing a purchaser to
32 breach an existing contract under IC 30-2-13-13(e).
33 (8) Prescribe a form for designating the funeral home licensee
34 to whom custodial care of a decedent's body will be granted
35 following the recovery of organs or tissues donated under
36 IC 29-2-16.1.
37 SECTION 2. IC 29-2-16.1-8, AS AMENDED BY P.L.26-2021,
38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 8. (a) Subject to subsections (b) and (c), unless
40 barred by section 6 or 7 of this chapter, an anatomical gift of a
41 decedent's body or part for the purpose of transplantation, therapy,
42 research, or education may be made by any member of the following
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1 classes of persons who are reasonably available, in the order of priority
2 listed:
3 (1) An agent of the decedent at the time of death who could have
4 made an anatomical gift under section 3(2) of this chapter
5 immediately before the decedent's death.
6 (2) The spouse of the decedent.
7 (3) Adult children of the decedent.
8 (4) Parents of the decedent.
9 (5) Adult siblings of the decedent.
10 (6) A guardian appointed by a court under IC 29-3-5-3.
11 (7) Adult grandchildren of the decedent.
12 (8) Grandparents of the decedent.
13 (9) An adult who exhibited special care and concern for the
14 decedent.
15 (10) Any other person having the authority to dispose of the
16 decedent's body.
17 (b) If there is more than one (1) member of a class listed in
18 subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) entitled
19 to make an anatomical gift, an anatomical gift may be made by a
20 member of the class unless that member or a person to whom the gift
21 may pass under section 10 of this chapter knows of an objection by
22 another member of the class. If an objection is known, the gift may be
23 made only by a majority of the members of the class who are
24 reasonably available.
25 (c) A person may not make an anatomical gift if, at the time of the
26 decedent's death, a person in a prior class under subsection (a) is
27 reasonably available to make or to object to the making of an
28 anatomical gift.
29 (d) A person who makes an anatomical gift under this section
30 must:
31 (1) designate on a form prescribed by the state board of
32 funeral and cemetery service the funeral home licensee (as
33 defined in IC 25-15-2-16) to whom custodial care of the
34 decedent's body will be granted following the recovery of the
35 donated organ or tissue; and
36 (2) submit the designation to the appropriate procurement
37 organization.
38 SECTION 3. IC 29-2-16.1-21, AS ADDED BY P.L.147-2007,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 21. (a) A coroner shall cooperate with
41 procurement organizations to maximize the opportunity to recover
42 anatomical gifts for the purpose of transplantation, therapy, research,
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1 education, or training.
2 (b) If a coroner receives notice from a procurement organization that
3 an anatomical gift might be available or was made with respect to a
4 decedent whose body is under the jurisdiction of the coroner and a
5 postmortem examination is going to be performed, unless the coroner
6 denies recovery in accordance with IC 36-2-14-22.6(f), the coroner or
7 designee shall, when practicable, conduct a postmortem examination
8 of the body or the part in a manner and within a period compatible with
9 its preservation for the purposes of the gift. If a coroner conducts a
10 postmortem examination outside of a compatible period, the coroner
11 must document why examination occurred outside of a compatible
12 period. It is considered sufficient documentation if the coroner
13 documents that additional time was necessary to conduct an adequate
14 medicolegal examination.
15 (c) A part may not be removed from the body of a decedent under
16 the jurisdiction of a coroner for transplantation, therapy, research, or
17 education unless the part is the subject of an anatomical gift. The body
18 of a decedent under the jurisdiction of the coroner may not be delivered
19 to a person for research or education unless the body is the subject of
20 an anatomical gift. This subsection does not preclude a coroner or
21 pathologist from performing the medicolegal investigation upon the
22 body or parts of a decedent under the jurisdiction of the coroner or
23 from using the body or parts of a decedent under the jurisdiction of the
24 coroner for the purposes of research, education, or training required by
25 the coroner or pathologist.
26 (d) The coroner's release, delivery, or other transport of the
27 body of a decedent that is the subject of an anatomical gift under
28 section 8 of this chapter is subject to the requirements of section 22
29 of this chapter.
30 SECTION 4. IC 29-2-16.1-22 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The following may not
33 occur until after the person making an anatomical gift under
34 section 8 of this chapter submits the designation required by
35 section 8(d) of this chapter to the appropriate procurement
36 organization:
37 (1) The body of a decedent that is the subject of an anatomical
38 gift under section 8 of this chapter may not be removed from
39 the place of death or the custody of the coroner.
40 (2) The procurement organization may not begin recovering
41 the donated organ or tissue from the decedent's body.
42 (b) A procurement organization that receives a designation
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1 under section 8(d) of this chapter may not direct the transport of
2 the decedent's body for recovery of the donated organ or tissue
3 until after the procurement organization:
4 (1) notifies the designated funeral home licensee of the
5 designation; and
6 (2) provides the following information to the designated
7 funeral home licensee:
8 (A) The name of the decedent.
9 (B) The date and time of death as communicated to the
10 procurement organization by a hospital or the coroner.
11 (C) The name, telephone number, and other contact
12 information of the person who made the designation under
13 section 8(d) of this chapter.
14 (D) The estimated time that the recovery of donated organs
15 or tissue from the decedent's body will be completed.
16 (E) The estimated time that the custodial care of the
17 decedent's body will be transferred to the funeral home
18 licensee.
19 (c) The designated funeral home licensee that receives notice
20 from a procurement organization under subsection (b) shall
21 acknowledge receipt of the notice.
22 (d) A communication required by this section must be made in
23 a reasonable time that does not compromise or interfere with the
24 timely recovery of donated organs and tissues from the decedent's
25 body.
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