HB4076 - Relating to prohibiting organ transplant recipient discrimination on the basis of vaccination status.

      H.B. No. 4076         AN ACT   relating to prohibiting organ transplant recipient discrimination   on the basis of vaccination status.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter S, Chapter 161, Health and Safety   Code, is amended by adding Section 161.474 to read as follows:           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.          SECTION 2.  Not later than January 1, 2026, the executive   commissioner of the Health and Human Services Commission shall   adopt any rules necessary to implement Section 161.474, Health and   Safety Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4076 was passed by the House on May   14, 2025, by the following vote:  Yeas 83, Nays 53, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 4076 was passed by the Senate on May   23, 2025, by the following vote:  Yeas 25, Nays 6.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor