Discrimination On Basis of Vaccination Status Prohibited

Sec. 161.474. DISCRIMINATION ON BASIS OF VACCINATION STATUS PROHIBITED. (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. Added by Acts 2025, 89th Leg., R.S., Ch. 450 (H.B. 4076), Sec. 1, eff. September 1, 2025. SUBCHAPTER T. INFORMATION FOR PARENTS OF NEWBORN CHILDREN