§ 72-17-301 Rights and duties at death
§ 72-17-302 Sale or purchase of parts prohibited
§ 72-17-303 False acts concerning document of gift — penalty
§ 72-17-311 Eye enucleations — enucleators — qualifications
§ 72-17-312 Approval of eye banks

Terms Used In Montana Code > Title 72 > Chapter 17 > Part 3 - Regulation -- Qualifications

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of public health and human services provided for in 2-15-2201. 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: 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
  • 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.
  • 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
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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
  • 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
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. 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
  • 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.
  • 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