72-17-302. Sale or purchase of parts and whole bodies prohibited, MCA

Montana Code Annotated 2025

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 17. ANATOMICAL GIFT ACT

Part 3. Regulation -- Qualifications

Sale Or Purchase Of Parts And Whole Bodies Prohibited

72-17-302. Sale or purchase of parts and whole bodies prohibited. (1) A person may not knowingly, for valuable consideration:

(a) purchase or sell a part for:

(i) transplantation or therapy, if removal of the part is intended to occur after the death of the decedent; or

(ii) research, education, or the training of search and rescue canines; or

(b) purchase or sell a whole body for transplantation, therapy, research, education, or the training of search and rescue canines.

(2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, or transportation of a part or a whole body, or for the implantation of a part.

(3) A person who violates this section is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.

History: En. Sec. 15, Ch. 540, L. 1989; amd. Sec. 2, Ch. 361, L. 2025.