Montana Code 72-17-202. Persons who may become donees — purposes for which anatomical gifts may be made
72-17-202. Persons who may become donees — purposes for which anatomical gifts may be made. (1) The following persons may become donees of anatomical gifts for the purposes stated if named in the document of gift:
Terms Used In Montana Code 72-17-202
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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
- 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
- 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
(a)a hospital, surgeon, physician, or procurement organization, an accredited medical school, dental school, college, or university, another appropriate person for education or research, a search and rescue unit established or recognized by a county as provided in 7-32-235, or persons certified by a state or local law enforcement agency to train search and rescue canines;
(b)subject to subsection (2), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or
(c)an eye bank or tissue bank.
(2)If an anatomical gift to an individual under subsection (1)(b) cannot be transplanted into the individual, the part passes in accordance with subsection (7) in the absence of an express, contrary indication by the person making the anatomical gift.
(3)If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (1) but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a)If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(b)If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c)If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d)If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate organ procurement organization.
(e)If the part is for the purpose of training a search and rescue canine as allowed in 7-32-235(4), the gift passes to the search and rescue unit established or recognized by the county in which the gift was made. A county coroner or sheriff may transfer the gift to an established or recognized canine search and rescue unit in another county or to a person certified by a state or local law enforcement agency to train search and rescue canines if the county in which the gift was made has not established or recognized a search and rescue unit.
(4)For the purpose of subsection (3), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the anatomical gift must be used for transplantation or therapy, if suitable. If the anatomical gift cannot be used for transplantation or therapy, the gift may be used for:
(a)research or education; or
(b)the training of search and rescue canines.
(5)If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (1) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes in accordance with subsection (7).
(6)If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor”, “organ donor”, or “body donor” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes in accordance with subsection (7).
(7)For purposes of subsections (2), (5), and (6), the following rules apply:
(a)If the part is an eye, the gift passes to the appropriate eye bank.
(b)If the part is tissue, the gift passes to the appropriate tissue bank.
(c)If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(8)An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b), passes to the organ procurement organization as custodian of the organ.
(9)If an anatomical gift does not pass pursuant to subsections (1) through (8) or the decedent‘s body or part is not used for transplantation, therapy, research, education, or training search and rescue canines, custody of the body or part passes to the person under obligation to dispose of the body or part.
(10)If the donee knows of the decedent‘s refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under 72-17-214, the donee may not accept the anatomical gift. For the purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is considered to know of any amendment or revocation of the anatomical gift or any refusal to make an anatomical gift on the same document of gift.
(11)Except as otherwise provided in subsection (1)(b), nothing in this section affects the allocation of organs for transplantation or therapy.