| 1 | 1 | | 89R15206 LRM-D |
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| 2 | 2 | | By: Leach H.B. No. 4076 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting organ transplant recipient discrimination |
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| 10 | 10 | | on the basis of vaccination status. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter S, Chapter 161, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 161.474 to read as follows: |
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| 14 | 14 | | Sec. 161.474. DISCRIMINATION ON BASIS OF VACCINATION STATUS |
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| 15 | 15 | | PROHIBITED. (a) A health care provider may not, solely on the |
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| 16 | 16 | | basis of an individual's vaccination status: |
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| 17 | 17 | | (1) determine an individual is ineligible to receive |
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| 18 | 18 | | an organ transplant; |
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| 19 | 19 | | (2) deny medical or other services related to an organ |
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| 20 | 20 | | transplant, including evaluation, surgery, counseling, and |
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| 21 | 21 | | postoperative treatment; |
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| 22 | 22 | | (3) refuse to refer the individual to a transplant |
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| 23 | 23 | | center or other related specialist for evaluation or receipt of an |
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| 24 | 24 | | organ transplant; or |
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| 25 | 25 | | (4) refuse to place the individual on an organ |
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| 26 | 26 | | transplant waiting list or place the individual at a position lower |
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| 27 | 27 | | in priority on the list than the position the individual would have |
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| 28 | 28 | | been placed if not for the individual's vaccination status. |
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| 29 | 29 | | (b) Notwithstanding Subsection (a), a health care provider |
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| 30 | 30 | | may consider an individual's vaccination status when making a |
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| 31 | 31 | | treatment recommendation or decision solely to the extent that a |
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| 32 | 32 | | physician, following an individualized evaluation of the potential |
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| 33 | 33 | | transplant recipient, determines the vaccination status is |
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| 34 | 34 | | medically significant to the organ transplant. This section does |
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| 35 | 35 | | not require a referral or recommendation for, or the performance |
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| 36 | 36 | | of, a medically inappropriate organ transplant. |
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| 37 | 37 | | (c) This section applies to each stage of the organ |
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| 38 | 38 | | transplant process. |
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| 39 | 39 | | (d) A person may not take an adverse action or impose a |
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| 40 | 40 | | penalty of any kind against a health care provider based solely on |
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| 41 | 41 | | the fact that the health care provider complied with Subsection |
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| 42 | 42 | | (a). |
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| 43 | 43 | | (e) A physician who in good faith makes a determination that |
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| 44 | 44 | | an individual's vaccination status is medically significant to the |
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| 45 | 45 | | organ transplant, as described by Subsection (b), does not violate |
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| 46 | 46 | | this section. |
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| 47 | 47 | | (f) A health care provider may: |
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| 48 | 48 | | (1) develop alternative risk mitigation strategies, |
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| 49 | 49 | | including antibody testing, prophylactic treatments, and antiviral |
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| 50 | 50 | | therapy, in lieu of requiring a vaccination; and |
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| 51 | 51 | | (2) inform patients of the risks and benefits of |
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| 52 | 52 | | receiving a vaccination. |
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| 53 | 53 | | SECTION 2. Not later than January 1, 2026, the executive |
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| 54 | 54 | | commissioner of the Health and Human Services Commission shall |
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| 55 | 55 | | adopt any rules necessary to implement Section 161.474, Health and |
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| 56 | 56 | | Safety Code, as added by this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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