Bill Text: TX SB1112 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to prohibiting organ transplant recipient discrimination on the basis of certain disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-12 - Referred to Health & Human Services [SB1112 Detail]

Download: Texas-2013-SB1112-Introduced.html
  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.
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