II

105TH CONGRESS

2D SESSION S. 2056

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 SENATE OF THE UNITED STATES

MAY 8, 1998

Mr. REID introduced the following bill; which was read twice and referred to

the Committee on Finance

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.

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 ‘‘Health Care Worker

5 Protection Act of 1998’’.
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1 SEC. 2. USE OF DESIGNATED HOLLOW-BORE NEEDLE DE2 VICES BY HOSPITALS UNDER THE MEDICARE

3 PROGRAM.

4 (a) CONDITION OF PARTICIPATION.—Section

5 1866(a)(1) of the Social Security Act (42 U.S.C.

6 1395cc(a)(1)), as amended by section 4321(b) of the Bal7 anced Budget Act of 1997, is amended—

8 (1) by adding a semicolon at the end of sub9 paragraph (R);

10 (2) by striking the period at the end of sub11 paragraph (S) and inserting ‘‘; and’’; and

12 (3) by inserting after subparagraph (S) the fol13 lowing new subparagraph:

14 ‘‘(T) except as provided in paragraph (4), in

15 the case of a hospital or a critical access hospital,

16 to use, when furnishing services to individuals

17 through the use of a hollow-bore needle device, only

18 such a device designated by the Commissioner of

19 Food and Drugs, under section 4 of the Health Care

20 Worker Protection Act of 1998, as minimizing the

21 risk of needlestick injury to health care workers.’’.

22 (b) EXCEPTIONS AUTHORITY.—Section 1866(a) of

23 such Act (42 U.S.C. 1395cc(a)) is amended by adding at

24 the end the following new paragraph:

25 ‘‘(4) The Secretary may waive the requirement under

26 paragraph (1)(T)—
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1 ‘‘(A) with respect to services furnished by a

2 critical access hospital,

3 ‘‘(B) in the case of an act of self-administration

4 of such services, and

5 ‘‘(C) in such other cases as the Secretary deter6 mines appropriate.’’.

7 (c) EFFECTIVE DATE.—The amendments made by

8 subsections (a) and (b) shall apply to hospitals for services

9 furnished through the use of a hollow-bore needle device

10 on or after the first day of the fourth month that begins

11 after the date on which the Commissioner of Food and

12 Drugs designates classes of hollow-bore needle devices

13 under section 4.

14 SEC. 3. USE OF DESIGNATED HOLLOW-BORE NEEDLE DE15 VICES IN VETERANS HOSPITALS.

16 (a) IN GENERAL.—Section 7311 of title 38, United

17 States Code, is amended—

18 (1) in subsection (b), by striking paragraph (3);

19 (2) by striking subsection (d);

20 (3) by redesignating subsection (e) as sub21 section (d); and

22 (4) by adding at the end the following new sub23 section:

24 ‘‘(e)(1) As part of the quality-assurance program, the

25 Under Secretary for Health shall ensure that the Depart-
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1 ment in the provision of hospital care under this title uses,

2 when furnishing services to individuals through the use of

3 a hollow-bore needle device, only such a device designated

4 by the Commissioner of Food and Drugs, under section

5 4 of the Health Care Worker Protection Act of 1998, as

6 minimizing the risk of needlestick injury to health care

7 workers.

8 ‘‘(2) The Under Secretary may waive the requirement

9 under paragraph (1) in the case of an act of self-adminis10 tration of such services, and in such other cases as the

11 Secretary determines appropriate.’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall apply with respect to the provision of

14 hospital care under such title furnished through the use

15 of a hollow-bore needle device on or after the first day

16 of the fourth month that begins after the date on which

17 the Commissioner of Food and Drugs designates classes

18 of hollow-bore needle devices under section 4.

19 SEC. 4. DESIGNATION OF CLASSES OF HOLLOW-BORE NEE20 DLE DEVICES THAT MINIMIZE RISK OF

21 NEEDLESTICK INJURY.

22 (a) DESIGNATION OF CLASSES OF DEVICES.—

23 (1) INITIAL DESIGNATION.—Not later than 1

24 year after the date of the enactment of this Act, the

25 Commissioner of Food and Drugs, in consultation
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1 with the advisory council described in subsection (b),

2 shall designate classes of hollow-bore needle devices

3 that minimize the risk of needlestick injury (as de4 fined in subsection (c)).

5 (2) SUBSEQUENT DESIGNATION.—The Commis6 sioner, in consultation with the advisory council de7 scribed in subsection (b), shall periodically review

8 and update classes of hollow-bore needle devices de9 scribed in paragraph (1).

10 (b) ADVISORY COUNCIL DESCRIBED.—The advisory

11 council described in this subsection is an advisory council

12 established by the Commissioner and comprised of such

13 representatives from consumer groups, health care work14 ers (including at least one practicing registered nurse),

15 and technical experts as the Commissioner determines ap16 propriate.

17 (c) NEEDLESTICK INJURY DEFINED.—For purposes

18 of this Act, the term ‘‘needlestick injury’’ means the par19 enteral introduction into the body of a health care worker

20 of blood or other potentially infectious material by a hol21 low-bore needle device during the performance of duties

22 of such worker.

23 SEC. 5. EDUCATION AND TRAINING.

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

25 Human Services shall provide for such education and
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1 training in the use of hollow-bore needle devices des2 ignated by the Commissioner of Food and Drugs under

3 section 4, as the Secretary determines appropriate.

4 (b) AUTHORIZATION OF APPROPRIATION.—There are

5 authorized to be appropriated $5,000,000, to remain avail6 able until expended, to carry out the education and train7 ing described in subsection (a).

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