[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2796 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2796

   To require the surgical removal of silicone gel and saline filled 
    breast implants, to provide for research on silicone and other 
  chemicals used in the manufacture of breast implants, and for other 
                                purposes


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 1995

Mr. Traficant (for himself, Mr. Hastings of Florida, Mr. Thompson, Mr. 
    Dellums, Mr. Lipinski, Mr. Rahall, Ms. DeLauro, Mr. Rangel, Ms. 
 Molinari, and Ms. Roybal-Allard) introduced the following bill; which 
               was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To require the surgical removal of silicone gel and saline filled 
    breast implants, to provide for research on silicone and other 
  chemicals used in the manufacture of breast implants, and for other 
                                purposes

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Implant Accountability Act''.

SEC. 2. SURGICAL REMOVAL OF BREAST IMPLANT.

    (a) In General.--Each manufacturer of a breast implant shall notify 
each individual who has had a silicone gel or saline filled breast 
implant implanted before January 1, 1994, that the manufacturer--
            (1) will provide funds for medical, surgical, hospital 
        expenses related to the surgical removal of such breast implant 
        at the request of the individual who has had such an implant 
        implanted, and
            (2) will allow the notice recipient to select the physician 
        and hospital or surgery center for the removal.
A breast implant which is removed is the property of the individual 
from whom it was removed and it shall be given to such individual in an 
appropriate condition.
    (b) Notice.--The notice required by subsection (a) shall be 
published in national publications and newspapers of general 
circulation. The notice shall set forth necessary information for 
notice recipients to locate and obtain appropriate medical care and 
treatment.
    (c) Expenses.--The medical, surgical, and hospital expenses related 
to the surgical removal of a breast implant which a manufacturer will 
provide shall include pre- and post-operative care and treatment, 
including subsequent surgery to remove residual silicone, scar 
capsules, and granulomas, mammograms, and medication.

SEC. 3. RESEARCH.

    (a) In General.--The Secretary of Health and Human Services shall 
conduct, or contract to have conducted, research on the physiological, 
neurological, and immunological effects of silicone toxicity and 
toxicity of other chemicals found in, or used in the process of 
manufacturing, breast implants.
    (b) Subjects.--The research under subsection (a) shall include as 
subjects individuals who are included in the class action 
designated____ if they volunteer for such research.

SEC. 4. CONSENT.

    No physician may implant a breast implant which includes silicone 
unless the patient to receive such implant has executed a consent form, 
prescribed by the Secretary of Health and Human Services by regulation, 
which states that the patient has been informed of all the health risks 
associated with breast implants and exposure to silicone oil, silica, 
and other chemicals used in the manufacture of breast implants.

SEC. 5. PHYSICIAN SERVICES.

    No physician may refuse the treatment of a patient because the 
patient has received a breast implant.

SEC. 6. ORGAN AND BLOOD DONATIONS.

    (a) Organ Donations.--The Secretary of Health and Human Services 
may not make a grant under section 371 of the Public Health Service Act 
(42 U.S.C. 271) to an organ procurement organization if such 
organization has allowed an individual who has a breast implant in 
their body to donate an organ of the individual's body.
    (b) Blood Donation.--The Secretary of Health and Human Services may 
not license any entity engaged in the collection of blood under section 
351 of the Public Health Service Act (42 U.S.C. 262) if such entity 
receives blood from an individual who has a breast implant in their 
body.
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