I
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 Com-
mittee on Ways and Means, and in addition to the Committees on Veter-
ans’ 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 Representa-
tives 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 DE-
VICES 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 Bal-
anced Budget Act of 1997, is amended—
(1) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; and’’; and
(2) by inserting after subparagraph (S), the fol-
lowing 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 deter-
mines 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 DE-
VICES 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 sub-
section (d); and
(4) by adding at the end the following new sub-
section:
‘‘(e)(1) As part of the quality-assurance program, the
Under Secretary for Health shall ensure that the Depart-
ment 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-adminis-
tration 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 NEE-
DLE 
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 de-
fined in subsection (c)).
(2) SUBSEQUENT DESIGNATION.—The Commis-
sioner, in consultation with the advisory council de-
scribed in subsection (b), shall periodically review
and update classes of hollow-bore needle devices de-
scribed 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 work-
ers (including at least one practicing registered nurse),
and technical experts as the Commissioner determines ap-
propriate.
(c) NEEDLESTICK INJURY DEFINED.—For purposes
of this Act, the term ‘‘needlestick injury’’ means the par-
enteral introduction into the body of a health care worker
of blood or other potentially infectious material by a hol-
low-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 des-
ignated 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 avail-
able until expended, to carry out the education and train-
ing described in subsection (a).
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