{"data":{"id":"us-tx/tex.-health-and-safety-code-161.474","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 161.474","heading":"DISCRIMINATION ON BASIS OF VACCINATION STATUS PROHIBITED.","body":"(a) A health care provider may not, solely on the basis of an individual's vaccination status:\n(1) determine an individual is ineligible to receive an organ transplant;\n(2) deny medical or other services related to an organ transplant, including evaluation, surgery, counseling, and postoperative treatment;\n(3) refuse to refer the individual to a transplant center or other related specialist for evaluation or receipt of an organ transplant; or\n(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.\n(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.\n(c) This section applies to each stage of the organ transplant process.\n(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).\n(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.\n(f) A health care provider may:\n(1) develop alternative risk mitigation strategies, including antibody testing, prophylactic treatments, and antiviral therapy, in lieu of requiring a vaccination; and\n(2) inform patients of the risks and benefits of receiving a vaccination.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 450 (H.B. 4076), Sec. 1, eff. September 1, 2025.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE H. PUBLIC HEALTH PROVISIONS","CHAPTER 161. PUBLIC HEALTH PROVISIONS","SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR TRANSPLANT"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.474","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"e683fac73871b0ecb23593fb87653579411b7e44a82c9a2255e671a73bcbad97","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-161.473","next":"us-tx/tex.-health-and-safety-code-161.501"},"notice":"GroundRules: Original legal text. Not legal advice."}