72-17-207. Examination -- autopsy -- liability. - Montana Statutes

     72-17-207. Examination -- autopsy -- liability. (1) An anatomical gift authorizes any reasonable examination necessary to ensure medical acceptability of the gift for the purposes intended. Unless prohibited by law other than this chapter, an examination may include an examination of all medical and dental records of the donor or prospective donor.
     (2) Except as provided in 72-17-217 and 72-17-218, the provisions of this chapter are subject to the laws of this state governing autopsies.
     (3) A hospital, physician, surgeon, coroner, enucleator, technician, nurse, or other person who acts in accordance with this chapter or with the applicable anatomical gift act of another state or attempts in good faith to do so is not liable for that act in a civil action, criminal proceeding, or administrative proceeding.
     (4) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in 72-17-214(1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), or (1)(h) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
     (5) An individual who makes an anatomical gift pursuant to 72-17-201 or 72-17-214 and the individual's estate are not liable for any injury or damage that may result from the making or use of the anatomical gift.

     History: En. Sec. 2, Ch. 340, L. 1969; R.C.M. 1947, 69-2316(d); amd. Sec. 6, Ch. 540, L. 1989; amd. Sec. 9, Ch. 345, L. 2007.