Prohibits discrimination based on COVID-19 vaccination status in the area of transplants & organ waiting lists

State: TN
Bill Number: SB 568/HB 702
Position: SUPPORT
Action Required: None
Status: SB 568 Enacted, Pub. Ch. 769, Effective 5/15/2022, HB 702 substituted with SB 568

Legislation Details:

SB 568 passed and will go into effect on 5/15/2022.  HB 702 was substituted with SB 568.  This bill was sponsored by Senator Johnson.  

As introduced SB 568/HB 702 dealt with certificates of registration by the division of health-related boards.  The bill was amended to prohibit discrimination based on COVID-19 vaccination status in the area of transplants by enacting the following:

68-31-104. Discrimination on the basis of COVID-19 vaccination status prohibited.

A covered entity shall not, solely on the basis of whether an individual has received or will receive a COVID-19 vaccine, do the following:

(1) Consider an individual ineligible for transplantation or receipt of an anatomical gift;

(2) Deny medical or other services related to transplantation, including:

(A) Evaluation; (B) Surgery; and (C) Counseling and treatment following transplantation;  

(3) Refuse to refer an individual to a transplant center or specialist;

(4) Refuse to place an individual on an organ or tissue waiting list; or

(5) Place an individual at a position on an organ or tissue waiting list that is lower than the position at which the individual would have been placed if not for the individual's COVID-19 vaccine status.

Covered entities in the section of law are defined as: 

(A) A healthcare provider;

(B) A hospital;

(C) An ambulatory surgical treatment center;

(D) A home care organization; or

(E) Any other entity responsible for matching anatomical gifts or organ donors to potential recipients; - text, status and history for SB 568