{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-297.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-297.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-297.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-297.2.html"}],"law_id":54581,"edition_id":1,"section_id":54581,"structure_id":13613,"section_number":"32.1-297.2","catch_line":"Discrimination prohibited","history":"2020, cc. 217, 218.","full_text":"A\n\nAs used in this section:\n\t\t\t“Auxiliary aids or services” means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability in a format or manner that allows the individual to better understand the information. “Auxiliary aids or services” includes (i) qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments; (ii) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments; (iii) supported decision-making services, including (a) use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual, or assist the individual in making decisions; (b) disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, as long as the disclosure is consistent with state and federal law; and (c) if an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual’s health care and that medical decisions are made in accordance with the individual’s own expressed interests; and (iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, developmental, intellectual, neurological, or physical disability, including assistive communication technology.\n\t\t\t“Covered entity” means any licensed provider of health care services, including any health care practitioner licensed by a health regulatory board of the Department of Health Professions, hospital, nursing facility, laboratory, intermediate care facility, psychiatric residential treatment facility, institution for individuals with intellectual or developmental disabilities, or prison health center, and any entity responsible for matching anatomical gift donors to potential recipients.\n\t\t\t“Eligible individual” means an individual who is a candidate to receive an anatomical gift for transplantation and who is otherwise eligible to receive an anatomical gift for transplantation, with or without auxiliary aids and services.\n\t\t\t“Eligible individual with a disability” means an eligible individual with a cognitive, developmental, intellectual, neurological, or physical disability.\n\t\t\t“Services related to organ, eye, or tissue transplantation” means referral to a transplant center or specialist; inclusion on an organ, eye, or tissue transplantation waiting list; evaluation; surgery and related health care services; counseling; or post-transplantation treatment and services related to organ, eye, or tissue transplantation.B\n\nAn eligible individual shall not be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation solely because he is an eligible individual with a disability. However, an eligible individual may be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation to the extent that his cognitive, developmental, intellectual, neurological, or physical disability has been determined by a health care provider, following an individualized evaluation, to be medically significant to the provision of the anatomical gift for organ, eye, or tissue transplantation.C\n\nIf an eligible individual with a disability has the necessary support system to assist the individual in complying with post-transplantation medical requirements, his inability to independently comply with such post-transplantation medical requirements shall not be deemed to be medically significant.D\n\nNo covered entity shall (i) place an eligible individual with a disability on an organ transplant waiting list at a position lower in priority than the position at which the eligible individual with a disability would have been placed if he did not have a disability or (ii) refuse insurance coverage for any services related to organ, eye, or tissue transplantation provided to an eligible individual with a disability.E\n\nA covered entity shall (i) make reasonable modifications to its policies, practices, or procedures to allow eligible individuals with disabilities access to services related to organ, eye, or tissue transplantation and (ii) take all steps necessary to ensure that an eligible individual with a disability is not denied medical services or services related to organ, eye, or tissue transplantation due to the absence of auxiliary aids or services. A covered entity shall not be required to comply with clause (ii) if the covered entity demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ, eye, or tissue transplantation or would result in an undue burden for the covered entity.F\n\nIn cases in which a violation of this section is alleged to have occurred, a petition shall be filed in the circuit court for the jurisdiction in which the violation is alleged to have occurred or in which the individual is located. Any petition filed pursuant to this subsection shall be given priority on the docket. Any order of the court entered on such petition may grant injunctive relief, including (i) requiring auxiliary aids or services to be made available to an eligible individual with a disability; (ii) requiring the modification of a policy, practice, or procedure of a covered entity; or (iii) requiring that facilities be made accessible to and usable by an eligible individual with a disability.G\n\nThe provisions of this section shall apply to each part of the anatomical gift and organ, eye, or tissue transplantation process.H\n\nThe provisions of this section shall not be construed to require the provision of medically inappropriate services related to organ, eye, or tissue transplantation.","order_by":null,"text":{"0":{"id":200419,"text":"As used in this section:\n\t\t\t“Auxiliary aids or services” means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability in a format or manner that allows the individual to better understand the information. “Auxiliary aids or services” includes (i) qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments; (ii) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments; (iii) supported decision-making services, including (a) use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual, or assist the individual in making decisions; (b) disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, as long as the disclosure is consistent with state and federal law; and (c) if an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual’s health care and that medical decisions are made in accordance with the individual’s own expressed interests; and (iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, developmental, intellectual, neurological, or physical disability, including assistive communication technology.\n\t\t\t“Covered entity” means any licensed provider of health care services, including any health care practitioner licensed by a health regulatory board of the Department of Health Professions, hospital, nursing facility, laboratory, intermediate care facility, psychiatric residential treatment facility, institution for individuals with intellectual or developmental disabilities, or prison health center, and any entity responsible for matching anatomical gift donors to potential recipients.\n\t\t\t“Eligible individual” means an individual who is a candidate to receive an anatomical gift for transplantation and who is otherwise eligible to receive an anatomical gift for transplantation, with or without auxiliary aids and services.\n\t\t\t“Eligible individual with a disability” means an eligible individual with a cognitive, developmental, intellectual, neurological, or physical disability.\n\t\t\t“Services related to organ, eye, or tissue transplantation” means referral to a transplant center or specialist; inclusion on an organ, eye, or tissue transplantation waiting list; evaluation; surgery and related health care services; counseling; or post-transplantation treatment and services related to organ, eye, or tissue transplantation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200420,"text":"An eligible individual shall not be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation solely because he is an eligible individual with a disability. However, an eligible individual may be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation to the extent that his cognitive, developmental, intellectual, neurological, or physical disability has been determined by a health care provider, following an individualized evaluation, to be medically significant to the provision of the anatomical gift for organ, eye, or tissue transplantation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200421,"text":"If an eligible individual with a disability has the necessary support system to assist the individual in complying with post-transplantation medical requirements, his inability to independently comply with such post-transplantation medical requirements shall not be deemed to be medically significant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200422,"text":"No covered entity shall (i) place an eligible individual with a disability on an organ transplant waiting list at a position lower in priority than the position at which the eligible individual with a disability would have been placed if he did not have a disability or (ii) refuse insurance coverage for any services related to organ, eye, or tissue transplantation provided to an eligible individual with a disability.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":200423,"text":"A covered entity shall (i) make reasonable modifications to its policies, practices, or procedures to allow eligible individuals with disabilities access to services related to organ, eye, or tissue transplantation and (ii) take all steps necessary to ensure that an eligible individual with a disability is not denied medical services or services related to organ, eye, or tissue transplantation due to the absence of auxiliary aids or services. A covered entity shall not be required to comply with clause (ii) if the covered entity demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ, eye, or tissue transplantation or would result in an undue burden for the covered entity.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":200424,"text":"In cases in which a violation of this section is alleged to have occurred, a petition shall be filed in the circuit court for the jurisdiction in which the violation is alleged to have occurred or in which the individual is located. Any petition filed pursuant to this subsection shall be given priority on the docket. Any order of the court entered on such petition may grant injunctive relief, including (i) requiring auxiliary aids or services to be made available to an eligible individual with a disability; (ii) requiring the modification of a policy, practice, or procedure of a covered entity; or (iii) requiring that facilities be made accessible to and usable by an eligible individual with a disability.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":200425,"text":"The provisions of this section shall apply to each part of the anatomical gift and organ, eye, or tissue transplantation process.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":200426,"text":"The provisions of this section shall not be construed to require the provision of medically inappropriate services related to organ, eye, or tissue transplantation.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13613,"edition_id":1,"name":"Anatomical Gifts","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13612,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204475,"object_type":"structure","relational_id":13613,"identifier":"2","token":"32.1\/8\/2","url":"\/32.1\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13612,"edition_id":1,"name":"Postmortem Examinations and Services","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204383,"object_type":"structure","relational_id":13612,"identifier":"8","token":"32.1\/8","url":"\/32.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58532,"structure_id":13613,"section_number":"32.1-289","catch_line":"Repealed","url":"\/32.1-289\/","token":"32.1\/8\/2\/32.1-289","metadata":false},{"id":69229,"structure_id":13613,"section_number":"32.1-289.1","catch_line":"Repealed","url":"\/32.1-289.1\/","token":"32.1\/8\/2\/32.1-289.1","metadata":false},{"id":71547,"structure_id":13613,"section_number":"32.1-289.2","catch_line":"Repealed","url":"\/32.1-289.2\/","token":"32.1\/8\/2\/32.1-289.2","metadata":false},{"id":56571,"structure_id":13613,"section_number":"32.1-290","catch_line":"Repealed","url":"\/32.1-290\/","token":"32.1\/8\/2\/32.1-290","metadata":false},{"id":76432,"structure_id":13613,"section_number":"32.1-290.1","catch_line":"Repealed","url":"\/32.1-290.1\/","token":"32.1\/8\/2\/32.1-290.1","metadata":false},{"id":82334,"structure_id":13613,"section_number":"32.1-291","catch_line":"Repealed","url":"\/32.1-291\/","token":"32.1\/8\/2\/32.1-291","metadata":false},{"id":72836,"structure_id":13613,"section_number":"32.1-291.1","catch_line":"Revised Uniform Anatomical Gift Act; short title","url":"\/32.1-291.1\/","token":"32.1\/8\/2\/32.1-291.1","metadata":false},{"id":69100,"structure_id":13613,"section_number":"32.1-291.10","catch_line":"Manner of making, amending, or revoking anatomical gift of decedent's body or part","url":"\/32.1-291.10\/","token":"32.1\/8\/2\/32.1-291.10","metadata":false},{"id":69568,"structure_id":13613,"section_number":"32.1-291.11","catch_line":"Persons that may receive anatomical gift; purpose of anatomical gift","url":"\/32.1-291.11\/","token":"32.1\/8\/2\/32.1-291.11","metadata":false},{"id":65447,"structure_id":13613,"section_number":"32.1-291.12","catch_line":"Search and notification","url":"\/32.1-291.12\/","token":"32.1\/8\/2\/32.1-291.12","metadata":false},{"id":67665,"structure_id":13613,"section_number":"32.1-291.13","catch_line":"Delivery of document of gift not required; right to examine","url":"\/32.1-291.13\/","token":"32.1\/8\/2\/32.1-291.13","metadata":false},{"id":70942,"structure_id":13613,"section_number":"32.1-291.14","catch_line":"Rights and duties of procurement organization and others","url":"\/32.1-291.14\/","token":"32.1\/8\/2\/32.1-291.14","metadata":false},{"id":74101,"structure_id":13613,"section_number":"32.1-291.15","catch_line":"Coordination of procurement and use","url":"\/32.1-291.15\/","token":"32.1\/8\/2\/32.1-291.15","metadata":false},{"id":81315,"structure_id":13613,"section_number":"32.1-291.16","catch_line":"Sale or purchase of parts prohibited; penalty","url":"\/32.1-291.16\/","token":"32.1\/8\/2\/32.1-291.16","metadata":false},{"id":79538,"structure_id":13613,"section_number":"32.1-291.17","catch_line":"Falsification, etc., of document of gift; penalty","url":"\/32.1-291.17\/","token":"32.1\/8\/2\/32.1-291.17","metadata":false},{"id":57960,"structure_id":13613,"section_number":"32.1-291.18","catch_line":"Immunity","url":"\/32.1-291.18\/","token":"32.1\/8\/2\/32.1-291.18","metadata":false},{"id":63789,"structure_id":13613,"section_number":"32.1-291.19","catch_line":"Law governing validity; choice of law as to execution of document of gift; presumption of validity","url":"\/32.1-291.19\/","token":"32.1\/8\/2\/32.1-291.19","metadata":false},{"id":74895,"structure_id":13613,"section_number":"32.1-291.2","catch_line":"Definitions","url":"\/32.1-291.2\/","token":"32.1\/8\/2\/32.1-291.2","metadata":false},{"id":61695,"structure_id":13613,"section_number":"32.1-291.20","catch_line":"Donor registry","url":"\/32.1-291.20\/","token":"32.1\/8\/2\/32.1-291.20","metadata":false},{"id":81426,"structure_id":13613,"section_number":"32.1-291.21","catch_line":"Effect of anatomical gift on advance health-care directive","url":"\/32.1-291.21\/","token":"32.1\/8\/2\/32.1-291.21","metadata":false},{"id":57016,"structure_id":13613,"section_number":"32.1-291.22","catch_line":"Cooperation between Office of the Chief Medical Examiner and procurement organization","url":"\/32.1-291.22\/","token":"32.1\/8\/2\/32.1-291.22","metadata":false},{"id":86843,"structure_id":13613,"section_number":"32.1-291.23","catch_line":"Facilitation of anatomical gift from decedent whose body is under jurisdiction of the Office of the Chief Medical Examiner","url":"\/32.1-291.23\/","token":"32.1\/8\/2\/32.1-291.23","metadata":false},{"id":84286,"structure_id":13613,"section_number":"32.1-291.24","catch_line":"Uniformity of application and construction","url":"\/32.1-291.24\/","token":"32.1\/8\/2\/32.1-291.24","metadata":false},{"id":60244,"structure_id":13613,"section_number":"32.1-291.25","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/32.1-291.25\/","token":"32.1\/8\/2\/32.1-291.25","metadata":false},{"id":68993,"structure_id":13613,"section_number":"32.1-291.3","catch_line":"Applicability of Act","url":"\/32.1-291.3\/","token":"32.1\/8\/2\/32.1-291.3","metadata":false},{"id":72158,"structure_id":13613,"section_number":"32.1-291.4","catch_line":"Who may make anatomical gift before donor's death","url":"\/32.1-291.4\/","token":"32.1\/8\/2\/32.1-291.4","metadata":false},{"id":83682,"structure_id":13613,"section_number":"32.1-291.5","catch_line":"Manner of making anatomical gift before donor's death","url":"\/32.1-291.5\/","token":"32.1\/8\/2\/32.1-291.5","metadata":false},{"id":70327,"structure_id":13613,"section_number":"32.1-291.6","catch_line":"Amending or revoking anatomical gift before donor's death","url":"\/32.1-291.6\/","token":"32.1\/8\/2\/32.1-291.6","metadata":false},{"id":82942,"structure_id":13613,"section_number":"32.1-291.7","catch_line":"Refusal to make anatomical gift; effect of refusal","url":"\/32.1-291.7\/","token":"32.1\/8\/2\/32.1-291.7","metadata":false},{"id":62874,"structure_id":13613,"section_number":"32.1-291.8","catch_line":"Preclusive effect of anatomical gift, amendment, or revocation","url":"\/32.1-291.8\/","token":"32.1\/8\/2\/32.1-291.8","metadata":false},{"id":70357,"structure_id":13613,"section_number":"32.1-291.9","catch_line":"Who may make anatomical gift of decedent's body or part","url":"\/32.1-291.9\/","token":"32.1\/8\/2\/32.1-291.9","metadata":false},{"id":62996,"structure_id":13613,"section_number":"32.1-292","catch_line":"Repealed","url":"\/32.1-292\/","token":"32.1\/8\/2\/32.1-292","metadata":false},{"id":76221,"structure_id":13613,"section_number":"32.1-292.1","catch_line":"Repealed","url":"\/32.1-292.1\/","token":"32.1\/8\/2\/32.1-292.1","metadata":false},{"id":58737,"structure_id":13613,"section_number":"32.1-292.2","catch_line":"The Virginia Donor Registry","url":"\/32.1-292.2\/","token":"32.1\/8\/2\/32.1-292.2","metadata":false},{"id":71410,"structure_id":13613,"section_number":"32.1-293","catch_line":"Repealed","url":"\/32.1-293\/","token":"32.1\/8\/2\/32.1-293","metadata":false},{"id":65568,"structure_id":13613,"section_number":"32.1-294","catch_line":"Repealed","url":"\/32.1-294\/","token":"32.1\/8\/2\/32.1-294","metadata":false},{"id":56844,"structure_id":13613,"section_number":"32.1-295","catch_line":"Repealed","url":"\/32.1-295\/","token":"32.1\/8\/2\/32.1-295","metadata":false},{"id":86743,"structure_id":13613,"section_number":"32.1-296","catch_line":"Determination of death","url":"\/32.1-296\/","token":"32.1\/8\/2\/32.1-296","metadata":false},{"id":58963,"structure_id":13613,"section_number":"32.1-297","catch_line":"Action for implied warranty in connection with transfer of blood or human tissue","url":"\/32.1-297\/","token":"32.1\/8\/2\/32.1-297","metadata":false},{"id":63591,"structure_id":13613,"section_number":"32.1-297.1","catch_line":"The Virginia Transplant Council","url":"\/32.1-297.1\/","token":"32.1\/8\/2\/32.1-297.1","metadata":false},{"id":54581,"structure_id":13613,"section_number":"32.1-297.2","catch_line":"Discrimination prohibited","url":"\/32.1-297.2\/","token":"32.1\/8\/2\/32.1-297.2","metadata":false}],"previous_section":{"id":63591,"structure_id":13613,"section_number":"32.1-297.1","catch_line":"The Virginia Transplant Council","url":"\/32.1-297.1\/","token":"32.1\/8\/2\/32.1-297.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-297.2\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 217<\/a> and 218<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":79176,"section_number":"38.2-3418.19","catch_line":"Coverage for organ, eye or tissue transplant","order_by":null,"url":"\/38.2-3418.19\/"}],"refers_to":false,"permalink":{"id":204637,"object_type":"law","relational_id":54581,"identifier":"32.1-297.2","token":"32.1\/8\/2\/32.1-297.2","url":"\/32.1-297.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-297.2\/","token":"32.1\/8\/2\/32.1-297.2","dublin_core":{"Title":"Discrimination prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-297.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Auxiliary aids or services<\/span>” means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability in a format or manner that allows the individual to better understand the information. “Auxiliary aids or services<\/span>” includes (i) qualified interpreters or other effective methods of making aurally delivered materials<\/span> available to persons<\/span> with hearing<\/span> impairments; (ii) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials<\/span> available to persons<\/span> with visual impairments; (iii) supported decision-making services, including (a) use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual, or assist the individual in making decisions; (b) disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, as long as the disclosure is consistent with state and federal law<\/span>; and (c) if an individual has a court<\/span>-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual’s health care and that medical decisions are made in accordance with the individual’s own expressed interests; and (iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, developmental, intellectual, neurological, or physical disability, including assistive communication technology.\n\t\t\t“Covered entity<\/span>” means any licensed provider of health care services, including any health care practitioner licensed by a health regulatory board<\/span> of the Department<\/span> of Health Professions, hospital, nursing facility, laboratory, intermediate care facility, psychiatric residential treatment facility, institution for individuals with intellectual or developmental disabilities, or prison health center, and any entity responsible for matching anatomical gift donors to potential recipients.\n\t\t\t“Eligible individual” means an individual who is a candidate to receive an anatomical gift for transplantation and who is otherwise eligible to receive an anatomical gift for transplantation, with or without auxiliary aids and services.\n\t\t\t“Eligible individual with a disability<\/span>” means an eligible individual with a cognitive, developmental, intellectual, neurological, or physical disability.\n\t\t\t“Services related to organ, eye, or tissue transplantation<\/span>” means referral to a transplant center or specialist; inclusion on an organ, eye, or tissue transplantation waiting list; evaluation; surgery and related health care services; counseling; or post-transplantation treatment and services related to organ, eye, or tissue transplantation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An eligible individual shall not be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation<\/span> solely because he is an eligible individual with a disability<\/span>. However, an eligible individual may be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation<\/span> to the extent that his cognitive, developmental, intellectual, neurological, or physical disability has been determined by a health care provider, following an individualized evaluation, to be medically significant to the provision of the anatomical gift for organ, eye, or tissue transplantation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an eligible individual with a disability<\/span> has the necessary support system to assist the individual in complying with post-transplantation medical requirements, his inability to independently comply with such post-transplantation medical requirements shall not be deemed to be medically significant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No covered entity<\/span> shall (i) place an eligible individual with a disability<\/span> on an organ transplant waiting list at a position lower in priority than the position at which the eligible individual with a disability<\/span> would have been placed if he did not have a disability or (ii) refuse insurance coverage for any services related to organ, eye, or tissue transplantation<\/span> provided to an eligible individual with a disability<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A covered entity<\/span> shall (i) make reasonable modifications to its policies, practices, or procedures to allow eligible individuals<\/span> with disabilities access to services related to organ, eye, or tissue transplantation<\/span> and (ii) take all steps necessary to ensure that an eligible individual with a disability<\/span> is not denied medical services or services related to organ, eye, or tissue transplantation<\/span> due to the absence of auxiliary aids or services<\/span>. A covered entity<\/span> shall not be required to comply with clause (ii) if the covered entity<\/span> demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ, eye, or tissue transplantation<\/span> or would result in an undue burden for the covered entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In cases in which a violation of this section is alleged to have occurred, a petition<\/span> shall be filed in the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which the violation is alleged to have occurred or in which the individual is located. Any petition<\/span> filed pursuant to this subsection shall be given priority on the docket<\/span>. Any order<\/span> of the court<\/span> entered on such petition<\/span> may grant injunctive relief, including (i) requiring auxiliary aids or services<\/span> to be made available to an eligible individual with a disability<\/span>; (ii) requiring the modification of a policy, practice, or procedure of a covered entity<\/span>; or (iii) requiring that facilities be made accessible to and usable by an eligible individual with a disability<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section shall apply to each part of the anatomical gift and organ, eye, or tissue transplantation process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provisions of this section shall not be construed to require the provision of medically inappropriate services related to organ, eye, or tissue transplantation<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATION PROHIBITED (\u00a7 32.1-297.2)\n\nA. As used in this section:\n\t\t\t“Auxiliary aids or services” means an aid or service that is used\nto provide information to an individual with a cognitive, developmental,\nintellectual, neurological, or physical disability in a format or manner that\nallows the individual to better understand the information. “Auxiliary\naids or services” includes (i) qualified interpreters or other effective\nmethods of making aurally delivered materials available to persons with hearing\nimpairments; (ii) qualified readers, taped texts, texts in accessible electronic\nformat, or other effective methods of making visually delivered materials\navailable to persons with visual impairments; (iii) supported decision-making\nservices, including (a) use of a support individual to communicate information\nto the individual with a disability, ascertain the wishes of the individual, or\nassist the individual in making decisions; (b) disclosure of information to a\nlegal guardian, authorized representative, or another individual designated by\nthe individual with a disability for such purpose, as long as the disclosure is\nconsistent with state and federal law; and (c) if an individual has a\ncourt-appointed guardian or other individual responsible for making medical\ndecisions on behalf of the individual, any measures used to ensure that the\nindividual is included in decisions involving the individual’s health care\nand that medical decisions are made in accordance with the individual’s\nown expressed interests; and (iv) any other aid or service that is used to\nprovide information in a format that is easily understandable and accessible to\nindividuals with cognitive, developmental, intellectual, neurological, or\nphysical disability, including assistive communication technology.\n\t\t\t“Covered entity” means any licensed provider of health care\nservices, including any health care practitioner licensed by a health regulatory\nboard of the Department of Health Professions, hospital, nursing facility,\nlaboratory, intermediate care facility, psychiatric residential treatment\nfacility, institution for individuals with intellectual or developmental\ndisabilities, or prison health center, and any entity responsible for matching\nanatomical gift donors to potential recipients.\n\t\t\t“Eligible individual” means an individual who is a candidate to\nreceive an anatomical gift for transplantation and who is otherwise eligible to\nreceive an anatomical gift for transplantation, with or without auxiliary aids\nand services.\n\t\t\t“Eligible individual with a disability” means an eligible\nindividual with a cognitive, developmental, intellectual, neurological, or\nphysical disability.\n\t\t\t“Services related to organ, eye, or tissue transplantation” means\nreferral to a transplant center or specialist; inclusion on an organ, eye, or\ntissue transplantation waiting list; evaluation; surgery and related health care\nservices; counseling; or post-transplantation treatment and services related to\norgan, eye, or tissue transplantation.\n\nB. An eligible individual shall not be deemed ineligible to receive an\nanatomical gift or denied services related to organ, eye, or tissue\ntransplantation solely because he is an eligible individual with a disability.\nHowever, an eligible individual may be deemed ineligible to receive an\nanatomical gift or denied services related to organ, eye, or tissue\ntransplantation to the extent that his cognitive, developmental, intellectual,\nneurological, or physical disability has been determined by a health care\nprovider, following an individualized evaluation, to be medically significant to\nthe provision of the anatomical gift for organ, eye, or tissue transplantation.\n\nC. If an eligible individual with a disability has the necessary support system\nto assist the individual in complying with post-transplantation medical\nrequirements, his inability to independently comply with such\npost-transplantation medical requirements shall not be deemed to be medically\nsignificant.\n\nD. No covered entity shall (i) place an eligible individual with a disability on\nan organ transplant waiting list at a position lower in priority than the\nposition at which the eligible individual with a disability would have been\nplaced if he did not have a disability or (ii) refuse insurance coverage for any\nservices related to organ, eye, or tissue transplantation provided to an\neligible individual with a disability.\n\nE. A covered entity shall (i) make reasonable modifications to its policies,\npractices, or procedures to allow eligible individuals with disabilities access\nto services related to organ, eye, or tissue transplantation and (ii) take all\nsteps necessary to ensure that an eligible individual with a disability is not\ndenied medical services or services related to organ, eye, or tissue\ntransplantation due to the absence of auxiliary aids or services. A covered\nentity shall not be required to comply with clause (ii) if the covered entity\ndemonstrates that taking such steps would fundamentally alter the nature of the\nmedical services or other services related to organ, eye, or tissue\ntransplantation or would result in an undue burden for the covered entity.\n\nF. In cases in which a violation of this section is alleged to have occurred, a\npetition shall be filed in the circuit court for the jurisdiction in which the\nviolation is alleged to have occurred or in which the individual is located. Any\npetition filed pursuant to this subsection shall be given priority on the\ndocket. Any order of the court entered on such petition may grant injunctive\nrelief, including (i) requiring auxiliary aids or services to be made available\nto an eligible individual with a disability; (ii) requiring the modification of\na policy, practice, or procedure of a covered entity; or (iii) requiring that\nfacilities be made accessible to and usable by an eligible individual with a\ndisability.\n\nG. The provisions of this section shall apply to each part of the anatomical\ngift and organ, eye, or tissue transplantation process.\n\nH. The provisions of this section shall not be construed to require the\nprovision of medically inappropriate services related to organ, eye, or tissue\ntransplantation.\n\nHISTORY: 2020, cc. 217, 218.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}