Montana Code 72-17-213. Routine inquiry and required request — search and notification
72-17-213. Routine inquiry and required request — search and notification. (1) At or near the time of death of a hospitalized patient, the hospital administrator or a representative designated by the administrator shall notify the appropriate procurement organization and, if the reason for death falls under 46-4-122, the coroner with jurisdiction of the imminent or actual death of the patient and, in collaboration with the procurement organization, shall ensure that a trained designated requester is readily available to discuss donation opportunities with a person authorized under 72-17-214 to make an anatomical gift. The person designated must be a representative of a procurement organization or a person who has had training provided by or approved by a procurement organization.
Terms Used In Montana Code 72-17-213
- 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
- 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: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. 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
- 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.
- Minor: means an individual who is under 18 years of age. 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
(2)When a hospital refers an individual at or near death to a procurement organization, the organization:
(a)shall make a reasonable search of the records of the department of justice and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift;
(b)must be allowed reasonable access to information in the records of the department of justice to ascertain whether an individual at or near death is a donor; and
(c)may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(3)A hospital, as soon as practical after the arrival of an individual reasonably believed to be dead or near death, shall make a reasonable search of the individual for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift if there is not immediately available any other source of that information.
(4)If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (3) and the individual or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.
(5)If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to 72-17-214(1) or a release and removal of a part has been permitted pursuant to 72-17-215 or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.
(6)A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but may be subject to appropriate administrative sanctions.
(7)Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(8)Upon referral by a hospital under subsection (2), a procurement organization shall make a reasonable search for any person listed in 72-17-214 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.