[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1885

  To limit the liability of certain nonprofit organizations that are 
        providers of prosthetic devices, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 1996

  Mr. Inhofe (for himself, Mr. Faircloth, Mr. Grams, Mr. Abraham, Mr. 
Helms, and Mr. McConnell) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To limit the liability of certain nonprofit organizations that are 
        providers of prosthetic devices, 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 ``Prosthetic Limb Access Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) over 10,000,000 people in the world are amputees, and 
        each year more than 250,000 people become amputees;
            (2) thousands of citizens of the United States depend on 
        the availability of prosthetic devices in order to function 
        fully in contemporary society;
            (3) a sizable number of amputees are unable to afford 
        adequate prosthetic care;
            (4) used prosthetic devices could be recycled for reuse by 
        amputees in the United States, but, because of the potential 
        liability of providers of those prosthetic devices, the 
        prosthetic devices are shipped to Third World countries;
            (5) making recycled prosthetic devices available to 
        economically disadvantaged amputees would enable those amputees 
        to live more comfortably and function fully;
            (6) nonprofit organizations would be uniquely suited to 
        provided recycled prosthetic devices to amputees, if they could 
        be enabled to do so in a cost-efficient manner;
            (7) in order to enable nonprofit organizations to provide 
        recycled prosthetic devices to amputees in a cost-efficient 
        manner, immediate action is needed to--
                    (A) limit the liability of nonprofit organizations 
                in serving as providers of recycled prosthetic devices; 
                and
                    (B) minimize the cost of litigation against those 
                providers by establishing expeditious procedures to 
                dispose of unwarranted actions.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Claimant.--
                    (A) In general.--The term ``claimant'' means any 
                person who brings a civil action, or on whose behalf 
                such action is brought, arising from harm allegedly 
                caused directly or indirectly by a recycled prosthetic 
                device.
                    (B) Action brought on behalf of an estate.--With 
                respect to an action arising from harm caused directly 
                or indirectly by a recycled prosthetic device brought 
                on behalf of or through the estate of an individual, 
                such term includes the decedent that is the subject of 
                the action.
            (2) Harm.--With respect to harm caused by a recycled 
        prosthetic device, the term ``harm'' includes any physical 
        injury, illness, disease, or death or damage to property caused 
        by that prosthetic device.
            (3) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is--
                    (A) described in section 501(c) of the Internal 
                Revenue Code of 1986; and
                    (B) exempt from taxation under section 501(a) of 
                such Code.
            (4) Nonprofit provider.--The term ``nonprofit provider'' 
        means an organization that is--
                    (A) described in section 501(c) of the Internal 
                Revenue Code of 1986 and is exempt from taxation under 
                section 501(a) of such Code; and
                    (B) established for the purpose of providing 
                prosthetic devices to economically disadvantaged 
                individuals.
            (5) Practitioner.--The term ``practitioner'' means a health 
        care professional associated with, employed by, under contract 
        with, or representing a nonprofit provider who--
                    (A) is required to be licensed, registered or 
                certified under an applicable Federal or State law 
                (including any applicable regulation) to provide health 
                care services; or
                    (B) is certified to provide health care pursuant to 
                a program of education, training, and examination by an 
                accredited institution, professional board, or 
                professional organization.
            (6) Prosthetic device.--The term ``prosthetic device'' 
        means a mechanical or other apparatus used as an artificial 
        limb for amputees.
            (7) Recycled prosthetic device.--The term ``recycled 
        prosthetic device'' means a previously used prosthetic device 
        that--
                    (A) has been reconditioned for use by a different 
                amputee;
                    (B) other than as provided under subparagraph (C), 
                has not been materially altered; and
                    (C) if altered, has been altered only with respect 
                to the socket, frame, or any additional materials used 
                to attach the prosthetic device to the amputee.

SEC. 4. APPLICABILITY; PREEMPTION.

    (a) Applicability.--Notwithstanding any other provision of law, 
this Act applies to any civil action brought by a claimant in a Federal 
or State court against a nonprofit provider or practitioner for harm 
allegedly caused by a recycled prosthetic device or against a nonprofit 
organization that made a referral to a provider or practitioner that 
involved a recycled prosthetic device that allegedly caused harm.
    (b) Preemption.--
            (1) In general.--This Act supersedes any State law 
        (including any rule of procedure) applicable to the recovery of 
        damages in an action brought against a nonprofit provider or 
        practitioner for harm caused by a recycled prosthetic device or 
        against a nonprofit organization described in subsection (a) 
        for such harm.
            (2) Other issues.--Any issue that is not covered by this 
        Act shall be governed by applicable Federal or State law.

SEC. 5. LIMITATION OF LIABILITY OF NONPROFIT PROVIDERS, PRACTITIONERS, 
              AND NONPROFIT ORGANIZATIONS THAT MAKE A REFERRAL.

    (a) In General.--Except as provided in paragraph (2), a nonprofit 
provider or practitioner or a nonprofit organization described in 
section 4(a) shall not be liable for harm to a claimant caused by a 
recycled prosthetic device.
    (b) Exception.--A court shall find a nonprofit provider or 
practitioner or a nonprofit organization described in section 4(a) 
liable for harm caused by a recycled prosthetic device only if the 
claimant establishes that the nonprofit provider or practitioner or 
nonprofit organization described in section 4(a) engaged in an 
intentional wrongdoing (as determined under applicable State law) that 
was the proximate cause of such harm.

SEC. 6. PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST NONPROFIT 
              PROVIDERS, PRACTITIONERS, AND NONPROFIT ORGANIZATIONS 
              THAT MAKE A REFERRAL.

    In any action that is subject to this Act, a nonprofit provider or 
practitioner or a nonprofit organization described in section 4(a) who 
is a defendant in such action, may, at any time during which a motion 
to dismiss may be filed under applicable Federal or State law, move to 
dismiss the action.
                                 <all>