To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to conduct a study to assess the potential for expanding the safe and effective use of reprocessed single-use devices, and for other purposes.

This bill directs the Secretary of Health and Human Services, through the FDA Commissioner, to conduct a study on reprocessed single-use devices. It is a legitimate exercise of Congress's power to regulate interstate commerce and to provide for the general welfare, as it concerns the safety and efficacy of medical devices that enter interstate commerce. The bill does not delegate legislative power improperly; rather, it instructs an executive officer to gather information and report, which is a proper incident of congressional oversight and lawmaking. The study itself is a preliminary step tha…

The Constitution grants Congress the power to regulate interstate commerce and provide for the general welfare, but it does not authorize the federal government to assume general police powers over health and safety, which are reserved to the states. A study on reprocessed medical devices may be permissible if it is strictly limited to gathering information for the regulation of interstate commerce, without dictating medical practice or infringing on state authority. However, if this study leads to federal mandates or prohibitions on the use of such devices, it would exceed the enumerated powe…

This bill directs the Secretary of Health and Human Services to conduct a study on reprocessed single-use devices, a matter that falls within the federal power to regulate interstate commerce. The production, distribution, and reprocessing of medical devices substantially affect interstate commerce, and a study to assess their safe and effective use is a proper exercise of Congress's power under the Commerce Clause. The Necessary and Proper Clause further authorizes Congress to enact laws that are conducive to the execution of its enumerated powers, and this study is a reasonable means to info…

This bill comports with the Constitution's grant of legislative power. The direction to the Secretary of Health and Human Services to conduct a study falls squarely within Congress's authority to enact laws necessary and proper for carrying into execution its enumerated powers, including the power to regulate interstate commerce and to provide for the general welfare. A study to assess the safe and effective use of reprocessed single-use devices is a reasonable and fit means to inform future regulation of medical devices, which are articles of commerce. As held in McCulloch v. Maryland, the Ne…