Federal Safe Syringe and Needle Promotion Act of 1991

Federal Safe Syringe and Needle Promotion Act of 1991 - Mandates guidelines for requiring health care providers to use only nonreusable or self-destructing syringes and nonreusable or retracting needles except where medically necessary.

Prohibits funds made available by the Federal Government from being used to obtain or use, unless medically necessary, any syringes or needles other than such syringes and needles.

Mandates a study and report to the Congress on the effects of requiring health care providers to use only such syringes and needles on the costs of needles and syringes and on the access of individuals and entities, including health care providers in developing nations and diabetics, to reasonably priced needles and syringes.

 
HR 2951 IH
102d CONGRESS
1st Session
 H. R. 2951
To prohibit the use of Federal funds for syringes and needles that are not
nonreusable, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 18, 1991
Mr. KENNEDY introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To prohibit the use of Federal funds for syringes and needles that are not
nonreusable, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Federal Safe Syringe and Needle Promotion
  Act of 1991'.
SEC. 2. FINDINGS; PURPOSE.
  (a) FINDINGS- Congress finds that--
  (1) the transmission of blood-borne diseases such as AIDS and hepatitis B
  occurs in a chain from person to person, and accidental or deliberate reuse
  of unsterilized needles or syringes in many cases represents a critical
  link in that chain;
  (2) the fastest growing segment of the HIV-infected population in the
  United States is made up of intravenous drug abusers, their sexual partners,
  and their babies;
  (3) according to estimates, intravenous drug users will represent 50
  percent of all AIDS cases in New York City by 1993;
  (4) because needle sharing among intravenous drug abusers is widespread, even
  areas of the country with a low prevalence of AIDS cases are potentially
  vulnerable to similar increases in the occurrence of AIDS among their
  populations;
  (5) in developing nations, economic incentives undermine the practicality
  of disposing of disposable syringes used for legitimate medical purposes,
  and in other instances sterilizing such syringes is impossible;
  (6) the Centers for Disease Control reported that, of 9 African nations
  surveyed, not one required health care providers to sterilize syringes
  before vaccinations;
  (7) the Soviet Union reports that its health care bodies, hospitals, and
  clinics are the main locations where HIV is transmitted in that country,
  and the inappropriate medical reuse of syringes plays a significant role
  in the transmission;
  (8) the total number of syringes used each year by health care facilities
  and personnel in the United States is approximately 2,500,000,000;
  (9) because health care workers use such a large number of syringes, they
  face a great risk of receiving injuries from accidental needle sticks,
  including contracting blood-borne diseases;
  (10) the Centers for Disease Control's Universal Precautions Guidelines do
  not call for the recapping of needles and have therefore not been effective
  in preventing needle stick injuries, and may actually have increased the
  incidence of such injuries;
  (11) nonreusable and self-destructing syringes and nonreusable and
  retractable needles would help to curb the spread of AIDS and other
  blood-borne diseases;
  (12) for hospitals, the introduction of single-use syringes with retractable
  needles would reduce the risks of needle stick injuries, eliminate the
  reuse of syringes and needles in the hospital setting and the reuse of all
  syringes and needles reclaimed from disposal, and decrease the volume of
  dangerous medical wastes;
  (13) an estimated 200 different nonreusable syringe designs based on 10
  different concepts are under development in the United States and abroad; and
  (14) international health organizations have already begun to review
  nonreusable syringe designs for use in their inoculation programs.
  (b) PURPOSE- It is the purpose of this Act to encourage the development and
  manufacture of safe and effective, as well as cost effective, designs for
  nonreusable and self-destructing syringes and nonreusable and retracting
  needles to help prevent the spread of blood-borne diseases in the United
  States and around the world.
SEC. 3. PROHIBITING USE OF FEDERAL FUNDS TO PURCHASE SYRINGES AND NEEDLES
THAT ARE NOT NONREUSABLE.
  (a) DEVELOPMENT OF GUIDELINES BY SECRETARY OF HEALTH AND HUMAN SERVICES-
  Not later than 2 years after the date of the enactment of this Act,
  the Secretary of Health and Human Services shall develop guidelines for
  requiring health care providers in the United States to use only nonreusable
  or self-destructing syringes and nonreusable or retracting needles, except
  in cases for which the use of other syringes or needles is determined to
  be medically necessary.
  (b) PROHIBITION ON USE OF FUNDS-
  (1) IN GENERAL- No funds appropriated or otherwise made available by the
  Federal Government may be used to purchase or otherwise obtain or to use
  (except if medically necessary)--
  (A) any syringes that are not nonreusable or self-destructing; or
  (B) any needles that are not nonreusable or retracting.
  (2) EFFECTIVE DATE- Paragraph (1) shall take effect upon the expiration
  of the 2-year period that begins on the date of the enactment of this Act.
SEC. 4. STUDY OF EFFECTS OF REQUIREMENTS FOR USE OF NONREUSABLE SYRINGES
AND NEEDLES ON COST OF AND ACCESS TO EQUIPMENT.
  (a) STUDY- The Secretary of Health and Human Services shall conduct a study
  of the effects of requiring health care providers to use only nonreusable
  or self-destructing syringes and nonreusable or retracting needles on the
  costs of needles and syringes and on the access of individuals and entities,
  including health care providers in developing nations and diabetics,
  to reasonably priced needles and syringes.
  (b) REPORT- Not later than 1 year after the date of the enactment of this
  Act, the Secretary shall submit a report on the study conducted under
  subsection (a) to Congress, and shall include in the report recommendations
  for legislation to ensure that individuals and entities, including health
  care providers in developing nations and diabetics, have access to reasonably
  priced needles and syringes.