Montana Code 72-17-215. Authorization by coroner or local public health official
72-17-215. Authorization by coroner or local public health official. (1) The coroner may release and permit the removal of a part from a body within that official’s custody, for transplantation or therapy, if:
Terms Used In Montana Code 72-17-215
- Decedent: A deceased person.
- 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
- 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
- Know: means to have actual knowledge. 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
- 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
- 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
(a)the official has received a request for the part from a hospital, physician, surgeon, or procurement organization;
(b)the official has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent‘s medical records and inform persons listed in 72-17-214(1) of their option to make, or object to making, an anatomical gift;
(c)the official does not know of a refusal or contrary indication by the decedent or objection by a person having priority to act as listed in 72-17-214(1);
(d)the removal will be by a physician, surgeon, or technician; but in the case of eyes, by one of them or by an enucleator;
(e)the removal will not interfere with any autopsy or investigation;
(f)the removal will be in accordance with accepted standards; and
(g)cosmetic restoration will be done, if appropriate.
(2)If the body is not within the custody of the coroner, the local public health officer may release and permit the removal of any part from a body in the local public health officer’s custody for transplantation or therapy if the requirements of subsection (1) are met.
(3)An official releasing and permitting the removal of a part shall maintain a permanent record of the name of the decedent, the person making the request, the date and purpose of the request, the part requested, and the person to whom it was released.