Sections
Part 1 General Provisions § 72-17-101 – § 72-17-109
Part 2 Execution and Operation of Anatomical Gift § 72-17-201 – § 72-17-218
Part 3 Regulation — Qualifications § 72-17-301 – § 72-17-312

Terms Used In Montana Code > Title 72 > Chapter 17

  • Adult: means an individual who is at least 18 years of age. See Montana Code 72-17-102
  • Agent: means an individual:

    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Montana Code 72-17-102

  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant or fetus. See Montana Code 72-17-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 72-17-102
  • Disinterested witness: means a witness other than:

    (i) the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

    (ii) another adult who exhibited special care and concern for the individual. See Montana Code 72-17-102

  • Document of gift: means any of the following methods used to make an anatomical gift:

    (a) a card;

    (b) a statement attached to or imprinted on a driver's license, identification card, or donor registry;

    (c) a will or other writing; or

    (d) a witnessed oral statement. See Montana Code 72-17-102

  • Donee: The recipient of a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Montana Code 72-17-102
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Montana Code 72-17-102
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Montana Code 72-17-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. See Montana Code 72-17-102
  • 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
  • Identification card: means an identification card issued by the department of justice. See Montana Code 72-17-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Know: means to have actual knowledge. See Montana Code 72-17-102
  • Minor: means an individual who is under 18 years of age. See Montana Code 72-17-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ophthalmologist: means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye. See Montana Code 72-17-102
  • Organ procurement organization: means a person designated by the secretary of the United States department of health and human services as an organ procurement organization. See Montana Code 72-17-102
  • Parent: means a parent whose parental rights have not been terminated. See Montana Code 72-17-102
  • Part: means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body. 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Montana Code 72-17-102
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Montana Code 72-17-102
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Montana Code 72-17-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-17-102
  • Refusal: means a record created under 72-17-201 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Montana Code 72-17-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Sign: means , with the present intent to authenticate or adopt a record:

    (a) to execute or adopt a tangible symbol; or

    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. 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
  • Tissue: means a portion of the human body other than an organ, an eye, or blood unless the blood is donated for the purpose of research or education. See Montana Code 72-17-102
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Montana Code 72-17-102
  • Transplant hospital: means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. See Montana Code 72-17-102
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203