1. MCA Contents
  2. TITLE 61
  3. CHAPTER 5
  4. Part 3
  5. 61-5-301 Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration

Montana Code Annotated 2023

TITLE 61. MOTOR VEHICLES

CHAPTER 5. DRIVER'S LICENSES

Part 3. Miscellaneous Provisions

Indication On Driver's License Or Identification Card Of Intent To Make Anatomical Gift Or Of Living Will Declaration

61-5-301. Indication on driver's license or identification card of intent to make anatomical gift or of living will declaration. (1) An application furnished by the department for the issuance or renewal of a driver's license under this chapter or for the issuance of an identification card under Title 61, chapter 12, part 5, must include spaces for indicating when the licensee has:

(a) executed a document under 72-17-201 of intent to make a gift of all or part of the driver's body under the Uniform Anatomical Gift Act; or

(b) executed a declaration under 50-9-103 relating to the use of life-sustaining treatment.

(2) The department shall provide each applicant, when applying for or renewing a driver's license or when applying for an identification card, printed information calling the applicant's attention to the provisions of this section. Each applicant must be asked orally if the applicant wishes to make an anatomical gift and if the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.

(3) Each applicant must be given an opportunity to indicate in the spaces provided under subsection (1) the applicant's intent to make an anatomical gift or that the applicant has executed the declaration under 50-9-103 relating to the use of life-sustaining treatment.

(4) The department shall issue to each applicant who indicates an intent to make an anatomical gift a statement that, when signed by the licensee in the manner prescribed in 72-17-201, constitutes a document of anatomical gift. If an applicant signs a statement under this subsection, a symbol indicating that the donor has made an anatomical gift must be imprinted on the face of the donor's driver's license or identification card.

(5) The department shall electronically transfer the information of all persons who volunteer, upon application for a driver's license or an identification card, to donate organs or tissue to the organ and tissue donation registry created in 72-17-105 and 72-17-106 and any subsequent changes to the applicant's donor status.

History: En. 31-135.1 by Sec. 1, Ch. 28, L. 1977; R.C.M. 1947, 31-135.1; amd. Sec. 2, Ch. 459, L. 1985; amd. Sec. 1, Ch. 204, L. 1987; amd. Sec. 30, Ch. 443, L. 1987; amd. Sec. 2, Ch. 540, L. 1989; amd. Sec. 3, Ch. 230, L. 2003; amd. Sec. 1, Ch. 296, L. 2005; amd. Sec. 2, Ch. 194, L. 2013.