Sec. 9. The board shall do the following:

(1) Adopt rules under IC 4-22-2 to do the following:

(A) Establish standards for the competent practice of funeral service.

(B) Establish sanitation standards for the construction and equipping of funeral homes.

(C) Establish standards for the operation of funeral homes.

(D) Set fees under IC 25-1-8.

(E) Carry out this article.

(2) Establish a program of inspection to administer this article.

(3) Pass upon the qualifications of each applicant for a license under this article.

(4) Provide all examinations under this article.

(5) License all applicants who meet the requirements of IC 25-15-4.

(6) Investigate a complaint alleging a violation of this article.

(7) For a violation of this article by a person who is licensed under this article, if necessary, take any combination of the following actions:

(A) Issue an appropriate order to correct the violation.

(B) Suspend the seller's certificate of authority issued under IC 30-2-13.

(C) Permanently revoke the licensee's license.

(D) Censure the licensee.

(E) Issue a letter of reprimand.

(F) Place the licensee on probation.

(G) Assess a civil penalty against the licensee in an amount not to exceed one thousand dollars ($1,000) for each violation, except for a finding of incompetency due to a physical or mental disability. When imposing a civil penalty, the board shall consider a licensee's ability to pay the amount assessed. If the licensee fails to pay the civil penalty within the time specified by the board, the board may suspend the licensee's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the licensee's inability to pay a civil penalty.

(H) Refer the matter to the attorney general or the prosecuting attorney for enforcement.

(8) The board shall suspend the license of a funeral home licensee who employs a person who:

(A) holds an inactive funeral director license (as described in IC 25-15-4-6); and

(B) engages in the practice of funeral services or provides funeral services to the public (as described in IC 25-15-2-17 or IC 25-15-2-22).

As added by P.L.48-1991, SEC.31. Amended by P.L.2-1992, SEC.768; P.L.207-1993, SEC.22; P.L.249-2019, SEC.78.