[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2754

 To amend title XVIII of the Social Security Act and title 38, United 
   States Code, to require hospitals to use only hollow-bore needle 
  devices that minimize the risk of needlestick injury to health care 
                                workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1997

  Mr. Stark (for himself, Mr. Waxman, Mr. Brown of Ohio, Mr. Lewis of 
Georgia, Mr. Matsui, Mr. McDermott, Mr. Manton, Mr. Dellums, Mr. Frost, 
Mr. Martinez, Mr. Lantos, Mr. Nadler, Ms. Slaughter, Ms. Eddie Bernice 
Johnson of Texas, Mr. Thompson, Ms. Woolsey, Mr. Gutierrez, Mr. Fattah, 
 Mr. Kennedy of Rhode Island, Mrs. McCarthy of New York, Mr. Sandlin, 
Ms. Kilpatrick, and Mr. LoBiondo) introduced the following bill; which 
was referred to the Committee on Ways and Means, and in addition to the 
   Committees on Veterans' Affairs, and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act and title 38, United 
   States Code, to require hospitals to use only hollow-bore needle 
  devices that minimize the risk of needlestick injury to health care 
                                workers.

    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 ``Health Care Worker Protection Act of 
1997''.

SEC. 2. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES BY HOSPITALS UNDER 
              THE MEDICARE PROGRAM.

    (a) Condition of Participation.--Section 1866(a)(1) of the Social 
Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 4321(b) of 
the Balanced Budget Act of 1997, is amended--
            (1) by striking the period at the end of subparagraph (S) 
        and inserting ``; and''; and
            (2) by inserting after subparagraph (S), the following new 
        subparagraph:
            ``(T) except as provided in paragraph (4), in the case of a 
        hospital or a critical access hospital, to use, when furnishing 
        services to individuals through the use of a hollow-bore needle 
        device, only such a device designated by the Commissioner of 
        Food and Drugs, under section 4 of the Health Care Worker 
        Protection Act of 1997, as minimizing the risk of needlestick 
        injury to health care workers.''.
    (b) Exceptions Authority.--Section 1866(a) of such Act (42 U.S.C. 
1395cc(a)) is amended by adding at the end the following new paragraph:
    ``(4) The Secretary may waive the requirement under paragraph 
(1)(T)--
            ``(A) with respect to services furnished by a critical 
        access hospital,
            ``(B) in the case of an act of self-administration of such 
        services, and
            ``(C) in such other cases as the Secretary determines 
        appropriate.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to hospitals for services furnished through the use of a 
hollow-bore needle device on or after the first day of the fourth month 
that begins after the date on which the Commissioner of Food and Drugs 
designates classes of hollow-bore needle devices under section 4.

SEC. 3. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES IN VETERANS 
              HOSPITALS.

    (a) In General.--Section 7311 of title 38, United States Code, is 
amended--
            (1) in subsection (b), by striking out paragraph (3);
            (2) by striking out subsection (d);
            (3) by redesignating subsection (e) as subsection (d); and
            (4) by adding at the end the following new subsection:
    ``(e)(1) As part of the quality-assurance program, the Under 
Secretary for Health shall ensure that the Department in the provision 
of hospital care under this title uses, when furnishing services to 
individuals through the use of a hollow-bore needle device, only such a 
device designated by the Commissioner of Food and Drugs, under section 
4 of the Health Care Worker Protection Act of 1997, as minimizing the 
risk of needlestick injury to health care workers.
    ``(2) The Under Secretary may waive the requirement under paragraph 
(1) in the case of an act of self-administration of such services, and 
in such other cases as the Secretary determines appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to the provision of hospital care under such title 
furnished through the use of a hollow-bore needle device on or after 
the first day of the fourth month that begins after the date on which 
the Commissioner of Food and Drugs designates classes of hollow-bore 
needle devices under section 4.

SEC. 4. DESIGNATION OF CLASSES OF HOLLOW-BORE NEEDLE DEVICES THAT 
              MINIMIZE RISK OF NEEDLESTICK INJURY.

    (a) Designation of Classes of Devices.--
            (1) Initial designation.--Not later than 1 year after the 
        date of the enactment of this Act, the Commissioner of Food and 
        Drugs, in consultation with the advisory council described in 
        subsection (b), shall designate classes of hollow-bore needle 
        devices that minimize the risk of needlestick injury (as 
        defined in subsection (c)).
            (2) Subsequent designation.--The Commissioner, in 
        consultation with the advisory council described in subsection 
        (b), shall periodically review and update classes of hollow-
        bore needle devices described in paragraph (1).
    (b) Advisory Council Described.--The advisory council described in 
this subsection is an advisory council established by the Commissioner 
and comprised of such representatives from consumer groups, health care 
workers (including at least one practicing registered nurse), and 
technical experts as the Commissioner determines appropriate.
    (c) Needlestick Injury Defined.--For purposes of this Act, the term 
``needlestick injury'' means the parenteral introduction into the body 
of a health care worker of blood or other potentially infectious 
material by a hollow-bore needle device during the performance of 
duties of such worker.

SEC. 5. EDUCATION AND TRAINING.

    (a) In General.--The Secretary of Health and Human Services shall 
provide for such education and training in the use of hollow-bore 
needle devices designated by the Commissioner of Food and Drugs under 
section 4, as the Secretary determines appropriate.
    (b) Authorization of Appropriation.--There are authorized to be 
appropriated $5,000,000, to remain available until expended, to carry 
out the education and training described in subsection (a).
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