Legal Question in Constitutional Law in Texas
Heart Transplate
You must not have smoked or used alcohol for at least 3 months before being put on the transplant waiting list, and you must be trusted not to smoke or drink afterward
has this law or rule been tested in court
1 Answer from Attorneys
That sounds like a guideline adopted by doctors, not a law. Since there are not enough donated organs to go around, somebody has to decide who gets them and who doesn't. Doctors know better than judges who is a good candidate for a transplant and who is not. It's hard to imagine a judge -- or a Legislature -- presuming to overrule a medical decision like that. Besides, I'm not aware of any law that the guideline would contradict. I'm not familiar with Texas law, thoug. It is possible that your state has such a law. But I doubt it.
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