HIV Organ Policy Equity Act

To amend the Public Health Service Act to establish safeguards and standards of quality for research and transplantation of organs infected with human immunodeficiency virus (HIV). 1. Short title This Act may be cited as the HIV Organ Policy Equity Act 2. Amendments to the Public Health Service Act (a) Standards of quality for the acquisition and transportation of donated organs (1) Organ Procurement and Transplantation Network Section 372(b) of the Public Health Service Act ( 42 U.S.C. 274(b) (A) in paragraph (2)(E), by striking , including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome (B) by adding at the end the following: (3) Clarification In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with human immunodeficiency virus may be transplanted only into individuals who are infected with such virus before receiving such organ. . (2) Conforming amendment Section 371(b)(3)(C) of the Public Health Service Act ( 42 U.S.C. 273(b)(3)(C) including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV) (b) Publication of research guidelines Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. 377E. Guidelines, standards, and regulations with respect to organs infected with HIV (a) In general Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act HIV (b) Corresponding changes to standards and regulations applicable to research Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act (1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under section 372(b)(2)(E); and (2) the Secretary shall revise section 121.6 (c) Revision of standards and regulations generally Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act (1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to the safety of cross-strain transplantation; (2) if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to cross-strain transplantation, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and (3) in conjunction with any revision of such standards under paragraph (2), shall revise section 121.6 . 3. Conforming amendment to title 18 of the United States Code Section 1122 (d) Exception An organ donation does not violate this section if the donation is in accordance with all applicable guidelines and regulations of the Secretary made under section 377E of the Public Health Service Act. . July 30, 2013 Reported from the Committee on Energy and Commerce July 30, 2013 The Committee on the Judiciary

Summary: HIV Organ Policy Equity Act - Amends the Public Health Service Act to repeal the requirement that the Organ Procurement and Transplantation Network adopt and use standards of quality for the acquisition and transportation of donated organs that include standards for preventing the acquisition of organs infected with the etiologic agent for acquired immune deficiency syndrome (AIDS). Replaces this requirement with authorization for the Network to adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who are infected with such virus before receiving such an organ. Revises similarly the requirement that organ procurement organizations arrange for testing to prevent the acquisition of organs infected with the AIDS etiologic agent to require that they arrange for testing to identify organs infected with HIV. Directs the Secretary of Health and Human Services (HHS) to develop and publish guidelines for the conduct of research relating to transplantation of organs from HIV-infected donors. Requires the Network to revise its standards of quality regarding HIV-infected organs and the Secretary to revise related regulations. Requires the Secretary to: (1) review annually the results of scientific research in conjunction with the Network to determine whether they warrant revision of quality standards relating to donated HIV-infected organs and to the safety of cross-strain transplantation; and (2) direct the Network, if the review so warrants, to revise its standards in a way that ensures the changes will not reduce the safety of organ transplantation. Amends the federal criminal code to declare that an organ donation does not violate the prohibition against a knowing organ donation by an HIV-infected individual if the donation is made in accordance with this Act.