Prohibiting discrimination in organ transplantation and donation on the basis of an individual's vaccination status

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law prohibits hospitals and transplant hospitals from taking certain actions related to organ transplantation solely on the basis of an individual's disability. This bill expands these prohibitions to actions taken solely on the basis of an individual's vaccination status. Under the bill, “vaccination status” means the status of an individual having received or not received, for reasons of health, religion, or personal conviction, one or more doses of a vaccine that 1) is authorized for emergency use by the federal Food and Drug Administration, 2) operates through the transfer of genetic material into humans, 3) has an annual dosing schedule, or 4) is for the prevention of a disease against which the individual is protected, as shown by an antibody titer. Specifically, the bill prohibits hospitals and transplant hospitals from taking any of the following actions solely on the basis of an individual's vaccination status: 1) considering the individual ineligible to receive an anatomical gift; 2) denying the individual any services related to organ transplantation; 3) refusing to refer the individual to a transplant hospital or an organ transplant specialist to be evaluated for or receive an anatomical gift; 4) refusing to place the individual on an organ transplant waiting list; and 5) placing the individual on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if not for the individual's vaccination status. The bill also prohibits hospitals and transplant hospitals from removing an individual from an organ transplant waiting list solely on the basis of the individual's vaccination status or disability. In addition, the bill prohibits the denial of insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift solely on the basis of an individual's vaccination status. The bill allows an individual to bring an action in circuit court for taking any of these actions in violation of the bill. Under the bill, the court must hold a hearing within 30 days of the filing of the action.

In addition, the bill prohibits any person from discriminating against an individual in any matter relating to donating or receiving an anatomical gift on the basis of the individual's vaccination status.

Who's behind it

3 senators are its authors⁠. All 3 are Republicans.

13 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories