Montana Code 50-16-1008. Testing of donors of organs, tissues, and semen required — penalty
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50-16-1008. Testing of donors of organs, tissues, and semen required — penalty. (1) Prior to donation of an organ, semen, or tissues, HIV diagnostic testing of a prospective donor, in accordance with nationally accepted standards adopted by the department by rule, is required unless the transplantation of an indispensable organ is necessary to save a patient’s life and there is not sufficient time to perform an HIV diagnostic test.
Terms Used In Montana Code 50-16-1008
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-1003
- Donor: The person who makes a gift.
- HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
- HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
(2)A knowing or purposeful violation of this section is a misdemeanor punishable by a fine of up to $1,000 or imprisonment of up to 6 months, or both.