Texas Health and Safety Code

§ 161.473 — DISCRIMINATION ON BASIS OF DISABILITY PROHIBITED

HS § 161.473Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 161. PUBLIC HEALTH PROVISIONS · Art. S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR TRANSPLANT

Statute text

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(a)A health care provider may not, solely on the basis of an individual's disability:

(1)determine an individual is ineligible to receive an organ transplant;

(2)deny medical or other services related to an organ transplant, including evaluation, surgery, counseling, and postoperative treatment;

(3)refuse to refer the individual to a transplant center or other related specialist for evaluation or receipt of an organ transplant; or

(4)refuse to place the individual on an organ transplant waiting list or place the individual at a position lower in priority on the list than the position the individual would have been placed if not for the individual's disability.

(b)Notwithstanding Subsection (a), a health care provider may consider an individual's disability when making a treatment recommendation or decision solely to the extent that a physician, following an individualized evaluation of the potential transplant recipient, determines the disability is medically significant to the organ transplant. This section does not require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant.

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Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 45 (H.B. 119), Sec. 3, eff. September 1, 2021.