I

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Breast Implant Ac5 countability Act’’.
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1 SEC. 2. SURGICAL REMOVAL OF BREAST IMPLANT.

2 (a) IN GENERAL.—Each manufacturer of a breast

3 implant shall notify each individual who has had a silicone

4 gel or saline filled breast implant implanted before Janu5 ary 1, 1994, that the manufacturer—

6 (1) will provide funds for medical, surgical, hos7 pital expenses related to the surgical removal of such

8 breast implant at the request of the individual who

9 has had such an implant implanted, and

10 (2) will allow the notice recipient to select the

11 physician and hospital or surgery center for the re12 moval.

13 A breast implant which is removed is the property of the

14 individual from whom it was removed and it shall be given

15 to such individual in an appropriate condition.

16 (b) NOTICE.—The notice required by subsection (a)

17 shall be published in national publications and newspapers

18 of general circulation. The notice shall set forth necessary

19 information for notice recipients to locate and obtain ap20 propriate medical care and treatment.

21 (c) EXPENSES.—The medical, surgical, and hospital

22 expenses related to the surgical removal of a breast im23 plant which a manufacturer will provide shall include pre24 and post-operative care and treatment, including subse25 quent surgery to remove residual silicone, scar capsules,

26 and granulomas, mammograms, and medication.
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1 SEC. 3. RESEARCH.

2 (a) IN GENERAL.—The Secretary of Health and

3 Human Services shall conduct, or contract to have con4 ducted, research on the physiological, neurological, and

5 immunological effects of silicone toxicity and toxicity of

6 other chemicals found in, or used in the process of manu7 facturing, breast implants.

8 (b) SUBJECTS.—The research under subsection (a)

9 shall include as subjects individuals who are included in

10 the class action designatedll if they volunteer for such

11 research.

12 SEC. 4. CONSENT.

13 No physician may implant a breast implant which in14 cludes silicone unless the patient to receive such implant

15 has executed a consent form, prescribed by the Secretary

16 of Health and Human Services by regulation, which states

17 that the patient has been informed of all the health risks

18 associated with breast implants and exposure to silicone

19 oil, silica, and other chemicals used in the manufacture

20 of breast implants.

21 SEC. 5. PHYSICIAN SERVICES.

22 No physician may refuse the treatment of a patient

23 because the patient has received a breast implant.

24 SEC. 6. ORGAN AND BLOOD DONATIONS.

25 (a) ORGAN DONATIONS.—The Secretary of Health

26 and Human Services may not make a grant under section
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1 371 of the Public Health Service Act (42 U.S.C. 271) to

2 an organ procurement organization if such organization

3 has allowed an individual who has a breast implant in

4 their body to donate an organ of the individual’s body.

5 (b) BLOOD DONATION.—The Secretary of Health

6 and Human Services may not license any entity engaged

7 in the collection of blood under section 351 of the Public

8 Health Service Act (42 U.S.C. 262) if such entity receives

9 blood from an individual who has a breast implant in their

10 body.

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