83R10229 JSC-D
By: Zaffirini S.B. No. 1112
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting organ transplant recipient discrimination
on the basis of certain disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter S, Chapter 161, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR
TRANSPLANT
SECTION 2. Section 161.471, Health and Safety Code, is
amended to read as follows:
Sec. 161.471. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Disability" has the meaning assigned by the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.).
(2) "Organ [, "organ] procurement organization" means
an organization that is a qualified organ procurement organization
under 42 U.S.C. Section 273 that is currently certified or
recertified in accordance with that federal law.
SECTION 3. Subchapter S, Chapter 161, Health and Safety
Code, is amended by adding Section 161.473 to read as follows:
Sec. 161.473. DISCRIMINATION ON THE BASIS OF DISABILITY
PROHIBITED. (a) A person with a disability who is otherwise
eligible for an organ transplant may not be denied the transplant
solely based on the person's physical or mental disability, unless
a physician who examines and evaluates the person finds the
disability to be medically significant to the provision of the
organ transplant.
(b) For purposes of Subsection (a), a person's inability to
independently comply with post-transplant medical requirements is
not medically significant if the person has the necessary
assistance to ensure compliance.
(c) The department may enforce compliance with this
subchapter.
(d) This section does not require referrals or
recommendations for, or the performance of, medically
inappropriate organ transplants.
SECTION 4. This Act takes effect September 1, 2013.