# § 1603. General requirements; applicability; preemption
**(a)** **General requirements**
**(1)** **In general** In any civil action covered by this chapter, a biomaterials supplier may—
**(A)** raise any exclusion from liability set forth in section 1604 of this title; and
**(B)** make a motion for dismissal or for summary judgment as set forth in section 1605 of this title.
**(2)** **Procedures** Notwithstanding any other provision of law, a Federal or State court in which an action covered by this chapter is pending shall, in connection with a motion under section 1605 or 1606 of this title, use the procedures set forth in this chapter.
**(b)** **Applicability**
**(1)** **In general** Except as provided in paragraph (2), this chapter applies to any civil action brought by a claimant, whether in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by an implant.
**(2)** **Exclusion** A civil action brought by a purchaser of a medical device, purchased for use in providing professional health care services, for loss or damage to an implant or for commercial loss to the purchaser—
**(A)** shall not be considered an action that is subject to this chapter; and
**(B)** shall be governed by applicable commercial or contract law.
**(c)** **Scope of preemption**
**(1)** **In general** This chapter supersedes any State law regarding recovery for harm caused by an implant and any rule of procedure applicable to a civil action to recover damages for such harm only to the extent that this chapter establishes a rule of law applicable to the recovery of such damages.
**(2)** **Applicability of other laws** Any issue that arises under this chapter and that is not governed by a rule of law applicable to the recovery of damages described in paragraph (1) shall be governed by applicable Federal or State law.
**(d)** **Statutory construction** Nothing in this chapter may be construed—
**(1)** to affect any defense available to a defendant under any other provisions of Federal or State law in an action alleging harm caused by an implant; or
**(2)** to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1337 of title 28 that otherwise would not exist under applicable Federal or State law.
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**Source Credit**: (Pub. L. 105–230, § 4, Aug. 13, 1998, 112 Stat. 1523.)
## Statutory Notes and Related Subsidiaries
### Effective Date
Section applicable to all civil actions covered under this chapter commenced on or after , including any in which the harm or harmful conduct occurred before such date, see , set out as a note under .