CS/HB 1065

1
A bill to be entitled
2An act relating to stem cell research; creating s. 381.99,
3F.S.; providing a short title; providing definitions;
4creating the Stem Cell Research and Ethics Advisory
5Council within the Department of Health; providing for
6membership and terms; providing duties and
7responsibilities; providing per diem and travel expenses,
8subject to a specific appropriation; requiring the
9Secretary of Health to make grants-in-aid from the
10Biomedical Research Trust Fund for stem cell research
11subject to a specific appropriation; providing
12requirements relating to applications for and awards of
13such grants-in-aid; providing specifications for moneys to
14be made available from the trust fund for stem cell
15research grants-in-aid; providing restrictions and
16requirements for uses of funds from such grants-in-aid;
17amending s. 20.435, F.S.; revising provisions relating to
18funding sources of and use of funds in the Biomedical
19Research Trust Fund; amending s. 381.86, F.S.; providing
20an exception to the Institutional Review Board's exclusive
21authority to review certain biomedical and behavioral
22research on human subjects to allow for the Stem Cell
23Research and Ethics Advisory Council's duties and
24responsibilities with respect to such research; requiring
25the Department of Health to prepare and distribute,
26subject to a specific appropriation, a publication
27regarding the process, options, medical uses, risks, and
28benefits of umbilical cord blood collection; providing an
29effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 381.99, Florida Statutes, is created to
34read:
35     381.99  Florida Hope Offered through Principled, Ethically
36Sound Stem Cell Research Act.--
37     (1)  SHORT TITLE.--This section may be cited as the
38"Florida Hope Offered through Principled, Ethically Sound Stem
39Cell Research Act."
40     (2)  DEFINITIONS.--As used in this section, the term:
41     (a)  "Adult stem cell" means a cell found within
42differentiated tissue or an organ that can renew itself and give
43rise to the major cell types of the tissue or organ. This
44includes cells from the fetal to adult stages of development,
45including bone marrow.
46     (b)  "Amniotic stem cell" means a stem cell extracted from
47human amniotic fluid.
48     (c)  "Cord blood stem cell" means a stem cell extracted
49from a human umbilical cord.
50     (d)  "Placental stem cell" means a stem cell extracted from
51a human placenta.
52     (e)  "Embryonic stem cell" means a stem cell obtained from
53the undifferentiated inner mass of an early stage embryo.
54     (f)  "Stem cell" means a cell that can renew itself and
55retains the potential to generate some or all other cell types.
56     (3)  STEM CELL RESEARCH AND ETHICS ADVISORY COUNCIL.--There
57is created the Stem Cell Research and Ethics Advisory Council
58within the Department of Health.
59     (a)1.  The advisory council shall consist of the Secretary
60of Health or his or her designee, who shall act as chair, and
61six additional members, who shall be appointed as follows:
62     a.  Two persons appointed by the Governor, one of whom
63shall be an academic researcher in the field of stem cell
64research and one of whom shall have a background in bioethics.
65     b.  One person appointed by the President of the Senate,
66who shall have a background in private-sector stem cell funding
67and development or public-sector biomedical research and
68funding.
69     c.  One person appointed by the Speaker of the House of
70Representatives, who shall have a background in private-sector
71stem cell funding and development or public-sector biomedical
72research and funding.
73     d.  One person appointed by the President of the Senate,
74who shall have a background and experience in either public-
75sector or private-sector stem cell research and development.
76     e.  One person appointed by the Speaker of the House of
77Representatives, who shall be an executive of a biotech company,
78or his or her designee.
79     2.  Each member shall demonstrate knowledge and
80understanding of the ethical, medical, and scientific
81implications of stem cell research. Each member shall serve a
82term of 2 years commencing on July 15, 2007. No member shall
83serve for more than two consecutive 2-year terms; however, for
84the purpose of providing staggered terms, of the initial
85appointments, three members shall be appointed to a 1-year term
86and three members shall be appointed to a 2-year term. Any
87vacancy on the advisory council shall be filled in the same
88manner as the original appointment. All initial appointments
89shall be made by July 15, 2007. The first meeting shall take
90place no later than August 15, 2007. All meetings are subject to
91the call of the chair. Members shall meet at least twice a year
92or as often as necessary to discharge their duties but shall
93have no more than four meetings during any 12-month period.
94Members shall serve without compensation but may be reimbursed
95for per diem and travel expenses in accordance with s. 112.061,
96subject to a specific appropriation in the General
97Appropriations Act.
98     (b)  The advisory council shall:
99     1.  Develop a donated funds program for recommendation to
100the Secretary of Health to encourage the development of funds
101other than state appropriations for human adult, amniotic, cord
102blood, and placental stem cell research in the state.
103     2.  Examine and identify specific ways to improve and
104promote for-profit and not-for-profit human adult, amniotic,
105cord blood, and placental stem cell and related research in the
106state, including, but not limited to, identifying both public
107and private funding sources for such research, maintaining
108existing human adult, amniotic, cord blood, and placental stem
109cell-related businesses, recruiting new human adult, amniotic,
110cord blood, and placental stem cell-related businesses to the
111state, and recruiting scientists and researchers in such fields
112to the state and state universities.
113     3.  Develop a biomedical research grant program for
114recommendation to the Secretary of Health that shall provide
115grants-in-aid to eligible state institutions for the advancement
116of human adult, amniotic, cord blood, and placental stem cell
117research.
118     4.  Develop, no later than September 15, 2007, an
119application for grants-in-aid under this section for
120recommendation to the Secretary of Health for the purpose of
121conducting human adult, amniotic, cord blood, and placental stem
122cell research.
123     5.  Review applications from eligible institutions for
124grants-in-aid on and after September 15, 2007, and provide to
125the Secretary of Health recommendations for grant awards.
126     6.  Review the stem cell research conducted by eligible
127institutions that receive such grants-in-aid.
128     7.  Review all stem cell research that is funded or
129supported in any manner through the Biomedical Research Trust
130Fund to ensure the adherence to ethical and safety guidelines
131and procedures as set forth by federal ethical standards
132established by the United States Department of Health and Human
133Services.
134     (c)  The advisory council shall submit an annual progress
135report on the status of biomedical research in the state to the
136Florida Center for Universal Research to Eradicate Disease and
137to the Governor, the Secretary of Health, the President of the
138Senate, and the Speaker of the House of Representatives by June
13930. The report must include:
140     1.  The amount of grants-in-aid awarded to eligible
141institutions from the Biomedical Research Trust Fund.
142     2.  The names of the recipients of such grants-in-aid.
143     3.  The current status and progress of stem cell research
144in the state.
145     4.  A list of research projects supported by grants-in-aid
146awarded under the program.
147     5.  A list of publications in peer-reviewed journals
148involving research supported by grants-in-aid awarded under the
149program.
150     6.  The total amount of biomedical research funding
151currently flowing into the state.
152     7.  New grants for biomedical research that were funded
153based on research supported by grants-in-aid awarded under the
154program.
155     8.  All other materials the advisory council deems
156advisable to include.
157     (d)  Advisory council members shall disclose any conflict
158of interest or potential conflict of interest to the Secretary
159of Health.
160     (e)  The Department of Health shall provide administrative
161staff to assist the advisory council in developing the
162application for the grants-in-aid, reviewing the applications,
163preparing the written consent form described in paragraph
164(5)(b), and performing other administrative functions as the
165advisory council requires.
166     (4)  BIOMEDICAL RESEARCH TRUST FUND AND GRANTS-IN-AID.--
167     (a)  The Secretary of Health shall make grants-in-aid from
168the Biomedical Research Trust Fund in accordance with the
169provisions of this section, subject to a specific appropriation
170in the General Appropriations Act.
171     (b)  The Department of Health shall require any applicant
172for a grant-in-aid under this section, for the purpose of
173conducting stem cell research, to submit a complete description
174of the applicant's organization, the applicant's plans for stem
175cell research, the applicant's proposed funding for such
176research from sources other than the state, and the applicant's
177proposed arrangements concerning financial benefits to the state
178as a result of any patent, royalty payment, or similar right
179resulting from any stem cell research made possible by the
180awarding of the grant-in-aid. The advisory council shall provide
181recommendation to the Secretary of Health with respect to
182awarding such grants-in-aid.
183     (5)  USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS.--
184     (a)  Funds provided under this section may only be used for
185research involving:
186     1.  Human adult stem cells. Funding for research may be
187given for human adult stem cells derived from postmortem
188tissues, other than from medically induced abortions. Funds may
189be used for studies of human adult stem cells obtained from
190either normal or transformed tissues.
191     2.  Amniotic stem cells extracted from human amniotic fluid
192that are otherwise discarded after birth.
193     3.  Cord blood stem cells extracted from a human umbilical
194cord that are otherwise discarded after birth.
195     4.  Placental stem cells extracted from a human placenta
196that are otherwise discarded after birth.
197     (b)  Adult, amniotic, cord blood, and placental stem cell
198material may only be donated for research purposes with the
199informed consent of the donor.
200     (c)  No funds shall be used for research with human
201embryonic stem cells that are derived by a process entailing the
202donor embryo's death or destruction.
203     (d)  Funds provided under this section may only be used for
204research that is conducted in facilities located in this state.
205     Section 2.  Paragraph (h) of subsection (1) of section
20620.435, Florida Statutes, is amended to read:
207     20.435  Department of Health; trust funds.--
208     (1)  The following trust funds are hereby created, to be
209administered by the Department of Health:
210     (h)  Biomedical Research Trust Fund.
211     1.  Funds to be credited to the trust fund shall consist of
212funds deposited pursuant to ss. s. 215.5601, 288.955, and 381.99
213and any other funds appropriated by the Legislature. Funds shall
214be used for the purposes of the James and Esther King Biomedical
215Research Program, and the William G. "Bill" Bankhead, Jr., and
216David Coley Cancer Research Program, and the Florida Hope
217Offered through Principled, Ethically Sound Stem Cell Research
218Act as specified in ss. 215.5602, 288.955, and 381.922, and
219381.99. The trust fund is exempt from the service charges
220imposed by s. 215.20.
221     2.  Notwithstanding the provisions of s. 216.301 and
222pursuant to s. 216.351, any balance in the trust fund at the end
223of any fiscal year shall remain in the trust fund at the end of
224the year and shall be available for carrying out the purposes of
225the trust fund. The department may invest these funds
226independently through the Chief Financial Officer or may
227negotiate a trust agreement with the State Board of
228Administration for the investment management of any balance in
229the trust fund.
230     3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
231any balance of any appropriation from the Biomedical Research
232Trust Fund which is not disbursed but which is obligated
233pursuant to contract or committed to be expended may be carried
234forward for up to 3 years following the effective date of the
235original appropriation.
236     4.  The trust fund shall, unless terminated sooner, be
237terminated on July 1, 2008.
238     Section 3.  Subsection (1) of section 381.86, Florida
239Statutes, is amended to read:
240     381.86  Institutional Review Board.--
241     (1)  The Institutional Review Board is created within the
242Department of Health in order to satisfy federal requirements
243under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and 56 that an
244institutional review board review all biomedical and behavioral
245research on human subjects which is funded or supported in any
246manner by the department, except that a separate Stem Cell
247Research and Ethics Advisory Council shall be appointed under s.
248381.99.
249     Section 4.  (1)  The Department of Health shall prepare an
250educational publication, subject to a specific appropriation in
251the General Appropriations Act, that includes objective
252information regarding:
253     (a)  The medical processes involved in the collection of
254umbilical cord blood;
255     (b)  The medical risks to the mother and her newborn child
256of umbilical cord blood collection;
257     (c)  The options available to a mother relating to stem
258cells that are contained in the umbilical cord blood after the
259delivery of her newborn, including:
260     1.  Discarding the stem cells;
261     2.  Donating the stem cells to a public umbilical cord
262blood bank;
263     3.  Storing the stem cells in a family or private umbilical
264cord blood bank for use by family members; or
265     4.  Storing the stem cells for family use through a family
266or sibling donor banking program that provides free collection,
267processing, and storage where there is a medical need;
268     (d)  The current and potential future medical uses, risks,
269and benefits of umbilical cord blood collection to a mother, her
270newborn child, and her biological family;
271     (e)  The current and potential future medical uses, risks,
272and benefits of umbilical cord blood collection to persons who
273are not biologically related to a mother or her newborn child;
274     (f)  Any costs that may be incurred by a pregnant woman who
275chooses to make an umbilical cord blood donation;
276     (g)  Options for ownership and future use of the donated
277umbilical cord blood; and
278     (h)  The average cost of public and private umbilical cord
279blood banking.
280     (2)  The department shall update the publication as
281necessary.
282     (3)  The department shall distribute the publication free
283of charge to physicians and health care institutions on request
284and shall make the publication available on its website in a
285printable format.
286     (4)  The department shall encourage health and maternal
287care professionals providing health care services to a pregnant
288woman, when those health care services are directly related to
289her pregnancy, to provide the pregnant woman with the
290publication by the end of her second trimester.
291     Section 5.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.