Montana Code 72-17-102. Definitions
72-17-102. Definitions. As used in this chapter, the following definitions apply:
Terms Used In Montana Code 72-17-102
- Adult: means an individual who is at least 18 years of age. 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.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 72-17-102
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- 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
- 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
- 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
- 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
- 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
- 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
(1)”Adult” means an individual who is at least 18 years of age.
(2)”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.
(3)”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.
(4)”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.
(5)”Department” means the department of public health and human services provided for in 2-15-2201.
(6)(a) “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.
(b)The term does not include a person to which an anatomical gift could pass under 72-17-202.
(7)”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.
(8)”Donor” means an individual whose body or part is the subject of an anatomical gift.
(9)”Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(10)”Driver’s license” means a license or permit issued by any state or federal authority to operate a vehicle, whether or not conditions are attached to the license or permit.
(11)”Enucleator” means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes.
(12)”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.
(13)(a) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual.
(b)The term does not include a guardian ad litem.
(14)”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.
(15)”Identification card” means an identification card issued by the department of justice.
(16)”Know” means to have actual knowledge.
(17)”Minor” means an individual who is under 18 years of age.
(18)”Ophthalmologist” means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye.
(19)”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.
(20)”Parent” means a parent whose parental rights have not been terminated.
(21)(a) “Part” means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.
(b)The term does not include the whole body.
(22)”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.
(23)”Physician” or “surgeon” means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.
(24)”Procurement organization” means an eye bank, organ procurement organization, or tissue bank.
(25)(a) “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.
(b)The term does not include an individual who has made a refusal of an anatomical gift.
(26)”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.
(27)”Recipient” means an individual into whose body a decedent‘s part has been or is intended to be transplanted.
(28)”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.
(29)”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.
(30)”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.
(31)”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.
(32)”Technician” means an individual who is certified by the state board of medical examiners to remove or process a part.
(33)”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.
(34)”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.
(35)”Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.