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Texas Health and Safety Code - HEALTH & SAFETY § 161.474. Discrimination on Basis of Vaccination Status Prohibited

Current as of January 01, 2024 | Updated by Findlaw Staff

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

(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 vaccination status.

(b) Notwithstanding Subsection (a), a health care provider may consider an individual's vaccination status 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 vaccination status 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.

(c) This section applies to each stage of the organ transplant process.

(d) A person may not take an adverse action or impose a penalty of any kind against a health care provider based solely on the fact that the health care provider complied with Subsection (a).

(e) A physician who in good faith makes a determination that an individual's vaccination status is medically significant to the organ transplant, as described by Subsection (b), does not violate this section.

(f) A health care provider may:

(1) develop alternative risk mitigation strategies, including antibody testing, prophylactic treatments, and antiviral therapy, in lieu of requiring a vaccination;  and

(2) inform patients of the risks and benefits of receiving a vaccination.

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 161.474. Discrimination on Basis of Vaccination Status Prohibited - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-161-474/

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