Prohibits refusal to perform or lowering of the ranking of an applicant of an organ transplant based on vaccination status; creates cause of action

State: NJ
Bill Number: A3919
Position: SUPPORT
Action Required: NONE
Status: Died, carryover failed to move in 2023 before the session ended on 1/8/2024

Legislation Details:

UPDATE: 1/8/2024 - A3919 Died, carryover from 2022 failed to move in 2023 before session ended on 1/8/2024.

A3919 was introduced and referred to the Assembly Health Committee on 5/9/2022. This bill is sponsored by Assemblyman Ronald S. Dancer

A3919 protects patients waiting for organ transplants from certain discriminatory actions based on vaccination status for any vaccine:

prohibits refusal to perform an organ transplant or a related procedure on an individual due to the individual’s vaccination status;

prohibits refusal to place an individual on an organ transplant waiting list or to diminish in any way the individual’s ranking on the organ transplant waiting list due to the individual’s vaccination status;

provides that the denial of an organ transplant or a related procedure to an individual, who was approved for an organ transplant or a related procedure, due to the individual’s vaccination status is to constitute prima facie evidence of a violation of the bill’s provisions; and

provides an individual who has been denied an organ transplant, denied a related procedure, denied placement on an organ transplant waiting list, or diminished in ranking on an organ transplant waiting list due to the individual’s vaccination status to bring an action for medical malpractice against the defendant health care facility, the defendant physician, or both, in a court of competent jurisdiction. 

NVIC SUPPORTS A3919 because all individuals waiting for organ transplants deserve equality, freedom from discrimination, and a chance to live, regardless of vaccination status. "There have been numerous reports from across the country of very sick patients who were denied life-saving organ transplants due to their vaccination status.  To deny a dying person, particularly someone with young children, a life-saving medical procedure simply because that person chose to exercise his or her natural right to bodily autonomy is a cruel practice that is deeply rooted in hate and divisive politics.  It is a practice that is void of any moral or scientific justification; and in the 21st Century, there is no place for such barbarism in America or anywhere else in the civilized world.  With the introduction of this bill, it is the sponsor’s intent to guarantee all persons waiting for organ transplants equality, freedom from discrimination, and a chance to live, regardless of vaccination status." - Bill Statement from A3919

https://www.njleg.state.nj.us/bill-search/2022/A3919 - text, status and history of A3919