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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting organ transplant recipient discrimination |
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on the basis of certain disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter S, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR |
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TRANSPLANT |
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SECTION 2. Section 161.471, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.471. DEFINITIONS [DEFINITION]. In this |
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subchapter: |
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(1) "Disability" has the meaning assigned by the |
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Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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seq.). |
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(2) "Organ [, "organ] procurement organization" means |
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an organization that is a qualified organ procurement organization |
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under 42 U.S.C. Section 273 that is currently certified or |
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recertified in accordance with that federal law. |
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SECTION 3. Subchapter S, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.473 to read as follows: |
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Sec. 161.473. DISCRIMINATION ON THE BASIS OF DISABILITY |
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PROHIBITED. (a) A person with a disability who is otherwise |
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eligible for an organ transplant may not be denied the transplant |
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solely based on the person's physical or mental disability, unless |
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a physician who examines and evaluates the person finds the |
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disability to be medically significant to the provision of the |
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organ transplant. |
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(b) For purposes of Subsection (a), a person's inability to |
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independently comply with post-transplant medical requirements is |
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not medically significant if the person has the necessary |
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assistance to ensure compliance. |
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(c) The department may enforce compliance with this |
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subchapter. |
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(d) This section does not require referrals or |
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recommendations for, or the performance of, medically |
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inappropriate organ transplants. |
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SECTION 4. This Act takes effect September 1, 2013. |