Amendments to the Public Health Service Act

(a)

Standards of quality for the acquisition and transportation of donated organs

(1)

Organ Procurement and Transplantation Network

Section 372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is amended— (A)in paragraph (2)(E), by striking , including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome; and (B)by adding at the end the following:

(3)

Clarification

In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with human immunodeficiency virus may be transplanted only into individuals who are infected with such virus before receiving such organ.

(2)

Conforming amendment

Section 371(b)(3)(C) of the Public Health Service Act (42 U.S.C. 273(b)(3)(C); relating to organ procurement organizations) is amended by striking including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome and inserting including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV). (b)

Publication of research guidelines

Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 377D the following:

377E.

Guidelines, standards, and regulations with respect to organs infected with HIV

(a)

In general

Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act, the Secretary shall develop and publish guidelines for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as HIV). (b)

Corresponding changes to standards and regulations applicable to research

Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the guidelines developed under subsection (a)— (1)the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under section 372(b)(2)(E); and (2)the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations). (c)

Revision of standards and regulations generally

Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, and annually thereafter, the Secretary, shall— (1)review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to the safety of cross-strain transplantation; (2)if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to cross-strain transplantation, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and (3)in conjunction with any revision of such standards under paragraph (2), shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations) for consistency with such standards.