Arizona Prohibits Discriminations Against Patients With Disabilities Needing Organ Transplants

Arizona Prohibits Discriminations Against Patients With Disabilities Needing Organ Transplants

By Corinne Murdock |

Arizona now prohibits health care providers from using an individual’s disability as a disqualification from an organ transplant. The sole exception would be in the case that a patient’s disability poses a medical problem when receiving an organ transplant, excluding that patient’s ability to comply independently with the procedure. 

The legislation also requires health care facilities to accommodate their organ transplant-related services for disabled patients, such as communications and counseling. It included specific provisions for patients with hearing and visual impairments, as well as cognitive, neurological, developmental, or intellectual disabilities. 

Comprehensive information on all organ transplant centers’ policies regarding patients with disabilities doesn’t exist — only studies exist. A 2019 study from the National Council of Disability, a federal agency, confirmed that to be the case, observing a lack of transparency and consistency concerning organ transplant policies. What’s more, the council reported that individuals with disabilities and their families actually face pressure to donate organs. One of the most comprehensive studies, conducted in 2008, estimated that 43 percent of organ transplant centers “always” or “usually” deny children with a neurodevelopmental disability, while about 39 percent “rarely” or “never” do.

One Arizona mother, Felicia (Josie) White testified to the House Health & Human Services Committee that she supported this bill because Phoenix Children’s Hospital policy didn’t confirm that they would approve her daughter for a heart transplant, due to her having Down Syndrome. The White family felt compelled to seek treatment across the country, 3,000 miles away, in Boston, Massachusetts. 

“We know individuals with Down Syndrome live full and fruitful lives well into adulthood. If transplant centers can teach illiterate, non-English speaking parents to dose meds, there’s no reason someone with Down Syndrome could not be taught,” said White. “I understand that organ allocation is a limited resource, but I also know that labeling anyone with cognitive delays ‘unable to transplant’ is a slippery slope that could include everything from ADHD to who knows what.”

Another mother, Andrea Temarantz, shared that her son also has Down Syndrome and would be jeopardized if he needed an emergency organ transplant. Temarantz informed the legislators of the studies on organ transplant discrimination. She insisted that the federal Americans with Disabilities Act (ADA) already prohibited such discrimination, but that there weren’t any enforcement mechanisms to protect patients with disabilities from ADA violations in Arizona.

“Every life is precious, and no one should be blocked from a transplant because of stereotypes about persons with disabilities,” said Temarantz.

Governor Doug Ducey signed that anti-discrimination bill, HB2659, into law in March. 

The bill received no opposition in the state legislature. Both the House and Senate, as well as their respective committees, passed it unanimously. 

State Representative Steve Kaiser (R-Phoenix) sponsored the bill. It received an endorsement from the Center for Arizona Policy (CAP). 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Boy With Down Syndrome Hugs, Inspires Bipartisanship Among Senators

Arizona Boy With Down Syndrome Hugs, Inspires Bipartisanship Among Senators

By Corinne Murdock |

The Senate Health and Human Services Committee received a welcome surprise from 10-year-old Adam Fraleigh, when the little boy with Down syndrome thanked them for hearing his family’s testimony by hugging each senator present.

Adam’s father, John Fraleigh, brought Adam to address a bill that would include Down syndrome among the developmental disabilities recognized by the Department of Economic Security (DES) for its programs, services, and facilities. The pair matched in their attire: gray vests, light purple dress shirts, and purple ties.

Fraleigh gave a brief medical explanation of what makes Down syndrome a developmental disability. He cited the many medical procedures Adam has undergone in his 10 short years, and the likely many more ahead for the rest of his life.

“Requiring paperwork to consistently prove the effects of Down syndrome is wrong. Please pass this bill to demonstrate the understanding that Down syndrome is a disability, a cognitive disability,” said Fraleigh. “My son will require additional resources forever. With that, I’m open for questions, he’s open for hugs.”

Adam rushed over after his father’s testimony to hug each committee member, pulling them close and patting everyone vigorously on the back. He brought a welcome break from a long, packed legislative season, inspiring smiles and laughter from all in the room.

State Senator Nancy Barto (R-Phoenix) thanked Fraleigh for bringing Adam, noting that he brightened their day.

“Thank you; he brightens my day every day,” responded Fraleigh.

The bill passed the House unanimously last month.

Currently, the list of developmental disabilities under DES doesn’t include Down syndrome, but does include autism, cerebral palsy, intellectual disability diagnosis, epilepsy, or diagnosed as at-risk for developing these disabilities.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Legislature Approves Ban Of Abortions Due To Genetic Abnormalities

Arizona Legislature Approves Ban Of Abortions Due To Genetic Abnormalities

A controversial pro-life bill passed out of both the House and Senate on Thursday along party lines. SB 1457, which had previously passed out of the full House and Senate along party lines, but failed to pass the final Senate vote now heads to the governor’s desk.

The vote came just days after a federal appeals court upheld a similar law in Ohio, providing more evidence of constitutionality for the prohibition of abortion based on a genetic condition like Down syndrome, according to the Center for Arizona Policy.

Supporters say SB 1457, sponsored by Sen. Nancy Barto, is a “commonsense bill that prohibits abortion based on the diagnosis of a genetic abnormality, except for those with a lethal fetal condition.” Opponents say the bill is an assault on women’s reproductive rights and “ignores the complexities of high-risk pregnancies.”

The bill also repeals a pre-Roe law that punishes women who have abortions, and it establishes Arizona laws will be interpreted in the context of valuing all human life. It also prohibits public institutions from performing abortions or experimenting with aborted human remains.