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Titles (2)

Short Titles

Short Titles - Senate

Short Titles as Introduced

Biomaterials Access Assurance Act of 1997

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to provide legal standards and procedures for suppliers of raw materials and component parts for medical devices.


Actions Overview (1)

Date
02/26/1997Introduced in Senate

All Actions (2)

Date
02/26/1997Read twice and referred to the Committee on Commerce.
Action By: Senate
02/26/1997Sponsor introductory remarks on measure. (CR S1672-1673, S1675-1676)
Action By: Senate

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Commerce, Science, and Transportation02/26/1997 Referred to

No related bill information was received for S.364.


Latest Summary (1)

There is one summary for S.364. View summaries

Shown Here:
Introduced in Senate (02/26/1997)

Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act.

Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers . States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if: (1 ) the claimant named or joined the biomaterials supplier; and (2) the court finds the claim to be without merit and frivolous.