Section 832IAC2-2-4. Professional conduct

   No licensee shall permit or engage in:

(1) the use of drugs or the consumption of alcohol or any other substance of similar nature that would affect the ability of a licensee to perform the duties and services for which he is licensed;

(2) the practice of funeral services except as the agent of a licensed funeral home either as an owner, employee, or under a written agreement. Nothing herein shall be construed to restrict preneed agents or cemeteries from performing duties and functions as provided by law;

(3) refusal to promptly surrender the custody of human remains upon the express order of the person who is authorized by Indiana law to make arrangements;

(4) failure to secure permit for removal or burial of human remains prior to interment or other disposal;

(5) obtaining possession or embalming human remains without first being duly authorized to do so by a relative of the deceased person or a person legally entitled to authorize such possession or embalming;

(6) directing, allowing, or permitting any individual or person who is not a licensee to perform funeral services, as defined in IC 25-15-2-17 to the extent not otherwise exempt under IC 25-15-2-10. This prohibition does not extend to the sale of funeral goods as defined in IC 25-15-2-14;

(7) a violation of any part of IC 25-15-2 thru and including IC 25-15-8 or any part of the regulations promulgated thereunder.

(State Board of Funeral and Cemetery Service; 832 IAC 2-2-4; filed Aug 6, 1986, 10:10 a.m.: 9 IR 3092; readopted filed May 10, 2001, 2:39 p.m.: 24 IR 3236; readopted filed Jul 19, 2007, 12:52 p.m.: 20070808-IR-832070048RFA; filed Mar 11, 2013, 2:50 p.m.: 20130410-IR-832120198FRA; readopted filed Nov 25, 2013, 9:23 a.m.: 20131225-IR-832130288RFA)

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