Terms Used In Montana Code > Title 72 > Chapter 17 - Anatomical Gift Act

• Adult: means an individual who is at least 18 years of age. See Montana Code 72-17-102
• 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. See Montana Code 72-17-102

• 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
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• 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
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 72-17-102
• 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. 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
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Montana Code 72-17-102
• Enucleator: means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes. 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.
• Governing body: means the legislative authority of a local government. See Montana Code 7-4-502
• 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.
• Know: means to have actual knowledge. See Montana Code 72-17-102
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Local government: means any city, town, county, consolidated city-county, or school district. See Montana Code 7-4-502
• Minor: means an individual who is under 18 years of age. See Montana Code 72-17-102
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• 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.
• Ophthalmologist: means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye. See Montana Code 72-17-102
• 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}
• Probate: Proving a will
• 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
• 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
• 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. 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
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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. 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
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Technician: means an individual who is certified by the state board of medical examiners to remove or process a part. 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