Montana Code 72-17-216. Anatomical gifts — advance health care directive
72-17-216. Anatomical gifts — advance health care directive. (1) For the purposes of this section, the following definitions apply:
Terms Used In Montana Code 72-17-216
- 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
- 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
- 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
- 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
(a)”Advance health care directive” means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor‘s direction concerning a health care decision for the prospective donor.
(b)”Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c)”Health care decision” means any decision made regarding the health care of the prospective donor.
(2)If a prospective donor who is in a health care facility has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor unless the declaration expressly provides to the contrary.