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H.R. 2164: Medical Device Safety Act

The text of the bill below is as of Apr 26, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 2164

IN THE HOUSE OF REPRESENTATIVES

April 26, 2017

(for himself, Ms. Slaughter, and Ms. DeLauro) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices.

1.

Short title

This Act may be cited as the Medical Device Safety Act.

2.

Liability under state and local requirements respecting devices

(a)

Amendment

Section 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended by adding at the end the following:

(c)

No effect on liability under state law

Nothing in this section shall be construed to modify or otherwise affect any action for damages or the liability of any person under the law of any State.

.

(b)

Effective date; applicability

The amendment made by subsection (a) shall—

(1)

take effect as if included in the enactment of the Medical Device Amendments of 1976 (Public Law 94–295); and

(2)

apply to any civil action pending or filed on or after the date of enactment of this Act.