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In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Why? This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

New input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Care Worker Needlestick
Prevention Act''.

SEC. 2. REQUIREMENTS.

(a) Bloodborne Pathogens Standard.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Labor, acting through the Occupational Safety and
Health Administration, shall amend the bloodborne pathogens
standard to require that--
(A) employers utilize needleless systems and sharps
with engineered sharps injury protections in their work
sites to prevent the spread of bloodborne pathogens;
and
(B) to assist employers in meeting the requirement
of subparagraph (A), non-managerial direct care health
care workers of employers participate in the
identification and evaluation of needleless systems and
sharps with engineered sharps injury protections.
(2) Exception.--The bloodborne pathogens standard
requirements of paragraph (1) shall apply to any employer,
except where the employer demonstrates, to the Secretary's
satisfaction, that--
(A) there are circumstances in the employer's work
facility in which the needleless systems and sharps
with engineered sharps injury protections do not
promote employee safety, interfere with patient safety,
or interfere with the success of a medical procedure;
or
(B) the needleless systems and sharps with
engineered sharps injury protections required are not
commercially available to the employer.
(b) Standard Content.--For carrying out the requirement of
subsection (a)(1) for needleless systems and sharps with engineered
sharps injury protections, the amendment required by subsection (a)
shall include the following:
(1) Exposure control plan.--The employer shall include in
their exposure control plan an effective procedure for
identifying and selecting existing needleless systems and
sharps with engineered sharps injury protections and other
methods of preventing bloodborne pathogens exposure.
(2) Sharps injury log.--In addition to the recording of all
injuries from contaminated sharps on the OSHA Occupational
Injuries and Illnesses 200 log or its equivalent, the employer
shall maintain a separate contaminated sharps injury log
containing the following information (to the extent such
information is known to the employer) with regard to each
exposure incident:
(A) Date and time of the exposure incident.
(B) Type and brand of sharp involved in the
exposure incident.
(C) Description of the exposure incident which
shall include--
(i) job classification of the exposed
employee;
(ii) department or work area where the
exposure incident occurred;
(iii) the procedure that the exposed
employee was performing at the time of the
incident;
(iv) how the incident occurred;
(v) the body part involved in the exposure
incident;
(vi) if the sharp had engineered sharps
injury protections--
(I) whether the protective
mechanism was activated, and whether
the injury occurred before the
protective mechanism was activated,
during activation of the mechanism, or
after activation of the mechanism, if
applicable; and
(II) whether the employee received
training on how to use the device
before use, and a brief description of
the training;
(vii) if the sharp had no engineered sharps
injury protections, the injured employee's
opinion as to whether and how such a mechanism
could have prevented the injury, as well as the
basis for the opinion; and
(viii) the employee's opinion about whether
any other engineering, administrative, or work
practice control could have prevented the
injury as well as the basis for the opinion.
(3) Training.--A requirement that all direct care health
care workers shall be provided adequate training on the use of
all needleless systems and sharps with engineered sharps injury
protections which they may be required to use.

SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY.

(a) In General.--The Director of the National Institute for
Occupational Safety and Health shall establish and maintain a national
database on existing needleless systems and sharps with engineered
sharps injury protections.
(b) Evaluation Criteria.--The Director shall develop a set of
evaluation criteria for use by employers, employees, and other persons
when they are evaluating and selecting needleless systems and sharps
with engineered sharps injury protections.
(c) Training.--The Director shall develop a model training
curriculum to train employers, employees, and other persons on the
process of evaluating needleless systems and sharps with engineered
sharps injury protections and shall (to the extent feasible) provide
technical assistance to persons who request such assistance.
(d) Monitoring.--The Director shall establish a national system to
collect comprehensive data on needlestick injuries to healthcare
workers, including data on mechanisms to analyze and evaluate
prevention interventions in relation to needlestick injury occurrence.
In carrying out its duties under this subsection, the National
Institute for Occupational Safety and Health shall have access to
information recorded by employers on the sharps injury log as required
by section 2(b)(2).
(e) Authorization.--There is authorized to be appropriated
$15,000,000 to the National Institute of Occupational Safety and Health
to carry out the requirements of this section.

SEC. 4. DEFINITIONS.

For purposes of this Act:
(1) Bloodborne pathogens.--The term ''bloodborne
pathogens'' means pathogenic microorganisms that are present in
human blood and can cause disease in humans. These pathogens
include hepatitis B virus, hepatitis C virus, and human
immunodeficiency virus.
(2) Contaminated.--The term ''contaminated'' means the
presence or the reasonably anticipated presence of blood or
other potentially infectious materials on an item or surface.
(3) Direct care health care worker.--The term ''direct care
health care worker'' means an employee responsible for direct
patient care with potential occupational exposure to sharps
related injuries.
(4) Employer.--The term ''employer'' means each employer
having an employee with occupational exposure to human blood or
other material potentially containing bloodborne pathogens.
(5) Engineered sharps injury protections.--The term
''engineered sharps injury protections'' means--
(A) a physical attribute built into a needle device
used for withdrawing body fluids, accessing a vein or
artery, or administering medications or other fluids,
that effectively reduces the risk of an exposure
incident by a mechanism such as barrier creation,
blunting, encapsulation, withdrawal, retraction,
destruction, or other effective mechanisms; or
(B) a physical attribute built into any other type
of needle device, or into a nonneedle sharp, which
effectively reduces the risk of an exposure incident.
(6) Needleless system.--The term ''needleless system''
means a device that does not use needles for--
(A) the withdrawal of body fluids after initial
venous or arterial access is established;
(B) the administration of medication or fluids; and
(C) any other procedure involving the potential for
an exposure incident.
(7) Sharp.--The term ''sharp'' means any object used or
encountered in a health care setting that can be reasonably
anticipated to penetrate the skin or any other part of the
body, and to result in an exposure incident, including, but not
limited to, needle devices, scalpels, lancets, broken glass,
broken capillary tubes, exposed ends of dental wires and dental
knives, drills, and burs.
(8) Sharps injury.--The term ''sharps injury'' means any
injury caused by a sharp, including cuts, abrasions, or
needlesticks.
(9) Sharps injury log.--The term ''sharps injury log''
means a written or electronic record satisfying the
requirements of section 2(b)(2).

SEC. 5. APPLICATION TO MEDICARE HOSPITALS.

The Secretary of Health and Human Services shall provide by
regulation that, as a condition of participation under the medicare
program under title XVIII of the Social Security Act of a hospital that
is not otherwise subject to the bloodborne pathogens standard amended
under section 2(a) because it is exempt from regulation by the
Occupational Safety and Health Administration, the hospital shall
comply with the bloodborne pathogen standard amended under section 2(a)
with respect to any employees of the hospital, effective at the same
time as such amended standard would have applied to the hospital if it
had not been so exempt.

SEC. 6. EFFECTIVE DATE.

This Act shall become effective upon the date of its enactment,
except that the Secretary of Labor shall take the action required by
section 2 within one year of such date.
Solution:
Health Care Worker Needlestick Prevention Act - Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to amend the bloodborne pathogens standard to require that: (1) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (2) non-managerial direct care health care workers of employers participate in the identification and evaluation of such systems and sharps. Provides an exemption where an employer demonstrates that needleless systems and sharps: (1) do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure under certain circumstances in the employer's work facility; or (2) are not commercially available to the employer.
(Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps.
(Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations.
(Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation.