{"data":{"id":"us-ky/krs-311.1965","jurisdiction":"us-ky","citation":"KRS 311.1965","heading":"Discrimination against anatomical organ transplantation due to disability","body":"-- Considerations -- Cause of action -- Construction.\n(1) As used in this section:\n(a) \"Disability\" has the same meaning as in KRS 12.450; and\n(b) \"Health care provider\" has the same meaning as in KRS 304.17A-005.\n(2) A health care provider in this state shall not discriminate against an individual who\nhas a disability based solely on the individual's disability when providing health\ncare and other services related to a n anatomical gift donation as the individual's\ninsurance coverage allows. Discriminating against an individual's disability\nincludes but is not limited to:\n(a) Refusing to transplant an anatomical gift in the individual based solely on the\nindividual's disability;\n(b) Subject to subsection (3) of this section, refusing to transplant an anatomical\ngift in the individual based on an assessment that the individual will be\nunable, without personal care support, to comply with posttransplantation\nmedical requirements because of the disability; or\n(c) Refusing to place the individual's priority on an anatomical gift transplant\nwaiting list to receive an anatomical gift.\n(3) A health care provider shall:\n(a) Consider the personal care support of an individual descr ibed under\nsubsection (2) of this section in determining the individual's ability to comply\nwith posttransplantation medical requirements; and\n(b) Use professional medical judgment as determined by evidence -based medical\nstandards of care for transplantation of an anatomical gift donation.\n(4) An individual with a disability who reasonably believes that a health care provider\nhas violated this section may bring an action for injunctive relief in any court of\ncompetent jurisdiction. The action for injunction shall be heard in an expedited\nmanner.\n(5) This section shall not be construed to limit an individual's rights or remedies\notherwise provided by law.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53739","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:03Z","sha256":"683796affab650e6cb37dc182918cb9a2f1cf353bbae42766a3cea0cccb606ac","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.1963","next":"us-ky/krs-311.1971"},"notice":"GroundRules: Original legal text. Not legal advice."}