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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 vaccination status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter S, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.474 to read as follows: |
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Sec. 161.474. DISCRIMINATION ON BASIS OF VACCINATION STATUS |
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PROHIBITED. (a) A health care provider may not, solely on the |
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basis of an individual's vaccination status: |
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(1) determine an individual is ineligible to receive |
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an organ transplant; |
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(2) deny medical or other services related to an organ |
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transplant, including evaluation, surgery, counseling, and |
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postoperative treatment; |
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(3) refuse to refer the individual to a transplant |
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center or other related specialist for evaluation or receipt of an |
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organ transplant; or |
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(4) refuse to place the individual on an organ |
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transplant waiting list or place the individual at a position lower |
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in priority on the list than the position the individual would have |
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been placed if not for the individual's vaccination status. |
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(b) Notwithstanding Subsection (a), a health care provider |
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may consider an individual's vaccination status when making a |
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treatment recommendation or decision solely to the extent that a |
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physician, following an individualized evaluation of the potential |
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transplant recipient, determines the vaccination status is |
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medically significant to the organ transplant. This section does |
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not require a referral or recommendation for, or the performance |
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of, a medically inappropriate organ transplant. |
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(c) This section applies to each stage of the organ |
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transplant process. |
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(d) A person may not take an adverse action or impose a |
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penalty of any kind against a health care provider based solely on |
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the fact that the health care provider complied with Subsection |
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(a). |
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(e) A physician who in good faith makes a determination that |
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an individual's vaccination status is medically significant to the |
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organ transplant, as described by Subsection (b), does not violate |
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this section. |
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(f) A health care provider may: |
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(1) develop alternative risk mitigation strategies, |
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including antibody testing, prophylactic treatments, and antiviral |
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therapy, in lieu of requiring a vaccination; and |
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(2) inform patients of the risks and benefits of |
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receiving a vaccination. |
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SECTION 2. Not later than January 1, 2026, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt any rules necessary to implement Section 161.474, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4076 was passed by the House on May |
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14, 2025, by the following vote: Yeas 83, Nays 53, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4076 was passed by the Senate on May |
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23, 2025, by the following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |