Montana Code 72-17-207. Examination — autopsy — liability
72-17-207. Examination — autopsy — liability. (1) An anatomical gift authorizes any reasonable examination necessary to ensure medical acceptability of the gift for the purposes intended. Unless prohibited by law other than this chapter, an examination may include an examination of all medical and dental records of the donor or prospective donor.
Terms Used In Montana Code 72-17-207
- Anatomical gift: means a donation of all or part of a human body to take effect upon or after death for the purposes of transplantation, therapy, research, or education. See Montana Code 72-17-102
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Montana Code 72-17-102
- Donor: The person who makes a gift.
- Enucleator: means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes. See Montana Code 72-17-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Hospital: means a facility licensed, accredited, or approved under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state. See Montana Code 72-17-102
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, limited liability company, public corporation, instrumentality, or any other legal or commercial entity. See Montana Code 72-17-102
- Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See Montana Code 72-17-102
- State: means a state, territory, or possession of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-17-102
- surgeon: means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state. See Montana Code 72-17-102
- Technician: means an individual who is certified by the state board of medical examiners to remove or process a part. See Montana Code 72-17-102
(2)Except as provided in 72-17-217 and 72-17-218, the provisions of this chapter are subject to the laws of this state governing autopsies.
(3)A hospital, physician, surgeon, coroner, enucleator, technician, nurse, or other person who acts in accordance with this chapter or with the applicable anatomical gift act of another state or attempts in good faith to do so is not liable for that act in a civil action, criminal proceeding, or administrative proceeding.
(4)In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in 72-17-214(1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), or (1)(h) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(5)An individual who makes an anatomical gift pursuant to 72-17-201 or 72-17-214 and the individual’s estate are not liable for any injury or damage that may result from the making or use of the anatomical gift.