Biomaterials Access Assurance Act of 1998 - Provides that, in any civil action covered by this Act, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any exclusion set forth in section 5 and move for dismissal or summary judgment under section 6 of this Act.
(Sec. 5) Exempts a biomaterials 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) held title to the implant and then acted as a seller after the implant's initial sale by the manufacturer (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Declares that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier registered or was required to register with the Secretary of Health and Human Services and included or was required to include the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act.
(Sec. 6) Sets forth procedures relating to the dismissal of civil actions against suppliers.
(Sec. 7) Allows, on a motion by a manufacturer or a claimant within a specified period after final judgment, a biomaterials supplier who was earlier dismissed from the action to be impleaded (brought back into the action) in certain circumstances.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-549, Part II.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-549, Part II.
Placed on the Union Calendar, Calendar No. 349.
Mr. Gekas asked unanimous consent to discharge the Committee of the Whole House on the State of the Union and consider.
Considered by unanimous consent. (consideration: 7/29/1998 CR H6740-6748)
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S9500-9501)
Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S9500-9501)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 105-230.
Became Public Law No: 105-230.
Enacted as Public Law 105-230
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