Relating to protections for certain potential recipients of anatomical gifts

This bill relates to certain potential recipients of anatomical gifts. The bill prohibits a hospital, physician, or other person from determining the ultimate recipient of an anatomical gift based upon a potential recipient’s disability, except to the extent that the disability has been found by a physician, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. The prohibition applies to each part of the anatomical gift process and provides that a person with a disability shall not be required to demonstrate postoperative independent living abilities in order to be placed on the national list of potential transplant recipients if there is evidence that the person will have sufficient, compensatory support and assistance. The bill provides that a court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with the bill. The bill is not to be deemed to require referrals or recommendations for, or the performance of, medically inappropriate transplants of a part (an organ, an eye, or tissue of a human being). The bill defines “anatomical gift” as having the same meaning as under Code chapter 142C (revised uniform anatomical gift Act) and “disability” as having the same meaning as used in the federal Americans with Disabilities Act of 1990.