1 | A bill to be entitled |
2 | An act relating to stem cell research; creating s. 381.99, |
3 | F.S.; providing a short title; providing definitions; |
4 | creating the Stem Cell Research and Ethics Advisory |
5 | Council within the Department of Health; providing for |
6 | membership and terms; providing duties and |
7 | responsibilities; providing per diem and travel expenses, |
8 | subject to a specific appropriation; requiring the |
9 | Secretary of Health to make grants-in-aid from the |
10 | Biomedical Research Trust Fund for stem cell research |
11 | subject to a specific appropriation; providing |
12 | requirements relating to applications for and awards of |
13 | such grants-in-aid; providing specifications for moneys to |
14 | be made available from the trust fund for stem cell |
15 | research grants-in-aid; providing restrictions and |
16 | requirements for uses of funds from such grants-in-aid; |
17 | amending s. 20.435, F.S.; revising provisions relating to |
18 | funding sources of and use of funds in the Biomedical |
19 | Research Trust Fund; amending s. 381.86, F.S.; providing |
20 | an exception to the Institutional Review Board's exclusive |
21 | authority to review certain biomedical and behavioral |
22 | research on human subjects to allow for the Stem Cell |
23 | Research and Ethics Advisory Council's duties and |
24 | responsibilities with respect to such research; requiring |
25 | the Department of Health to prepare and distribute, |
26 | subject to a specific appropriation, a publication |
27 | regarding the process, options, medical uses, risks, and |
28 | benefits of umbilical cord blood collection; providing an |
29 | effective date. |
30 |
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31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
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33 | Section 1. Section 381.99, Florida Statutes, is created to |
34 | read: |
35 | 381.99 Florida Hope Offered through Principled, Ethically |
36 | Sound Stem Cell Research Act.-- |
37 | (1) SHORT TITLE.--This section may be cited as the |
38 | "Florida Hope Offered through Principled, Ethically Sound Stem |
39 | Cell Research Act." |
40 | (2) DEFINITIONS.--As used in this section, the term: |
41 | (a) "Adult stem cell" means a cell found within |
42 | differentiated tissue or an organ that can renew itself and give |
43 | rise to the major cell types of the tissue or organ. This |
44 | includes cells from the fetal to adult stages of development, |
45 | including bone marrow. |
46 | (b) "Amniotic stem cell" means a stem cell extracted from |
47 | human amniotic fluid. |
48 | (c) "Cord blood stem cell" means a stem cell extracted |
49 | from a human umbilical cord. |
50 | (d) "Placental stem cell" means a stem cell extracted from |
51 | a human placenta. |
52 | (e) "Embryonic stem cell" means a stem cell obtained from |
53 | the undifferentiated inner mass of an early stage embryo. |
54 | (f) "Stem cell" means a cell that can renew itself and |
55 | retains the potential to generate some or all other cell types. |
56 | (3) STEM CELL RESEARCH AND ETHICS ADVISORY COUNCIL.--There |
57 | is created the Stem Cell Research and Ethics Advisory Council |
58 | within the Department of Health. |
59 | (a)1. The advisory council shall consist of the Secretary |
60 | of Health or his or her designee, who shall act as chair, and |
61 | six additional members, who shall be appointed as follows: |
62 | a. Two persons appointed by the Governor, one of whom |
63 | shall be an academic researcher in the field of stem cell |
64 | research and one of whom shall have a background in bioethics. |
65 | b. One person appointed by the President of the Senate, |
66 | who shall have a background in private-sector stem cell funding |
67 | and development or public-sector biomedical research and |
68 | funding. |
69 | c. One person appointed by the Speaker of the House of |
70 | Representatives, who shall have a background in private-sector |
71 | stem cell funding and development or public-sector biomedical |
72 | research and funding. |
73 | d. One person appointed by the President of the Senate, |
74 | who shall have a background and experience in either public- |
75 | sector or private-sector stem cell research and development. |
76 | e. One person appointed by the Speaker of the House of |
77 | Representatives, who shall be an executive of a biotech company, |
78 | or his or her designee. |
79 | 2. Each member shall demonstrate knowledge and |
80 | understanding of the ethical, medical, and scientific |
81 | implications of stem cell research. Each member shall serve a |
82 | term of 2 years commencing on July 15, 2007. No member shall |
83 | serve for more than two consecutive 2-year terms; however, for |
84 | the purpose of providing staggered terms, of the initial |
85 | appointments, three members shall be appointed to a 1-year term |
86 | and three members shall be appointed to a 2-year term. Any |
87 | vacancy on the advisory council shall be filled in the same |
88 | manner as the original appointment. All initial appointments |
89 | shall be made by July 15, 2007. The first meeting shall take |
90 | place no later than August 15, 2007. All meetings are subject to |
91 | the call of the chair. Members shall meet at least twice a year |
92 | or as often as necessary to discharge their duties but shall |
93 | have no more than four meetings during any 12-month period. |
94 | Members shall serve without compensation but may be reimbursed |
95 | for per diem and travel expenses in accordance with s. 112.061, |
96 | subject to a specific appropriation in the General |
97 | Appropriations Act. |
98 | (b) The advisory council shall: |
99 | 1. Develop a donated funds program for recommendation to |
100 | the Secretary of Health to encourage the development of funds |
101 | other than state appropriations for human adult, amniotic, cord |
102 | blood, and placental stem cell research in the state. |
103 | 2. Examine and identify specific ways to improve and |
104 | promote for-profit and not-for-profit human adult, amniotic, |
105 | cord blood, and placental stem cell and related research in the |
106 | state, including, but not limited to, identifying both public |
107 | and private funding sources for such research, maintaining |
108 | existing human adult, amniotic, cord blood, and placental stem |
109 | cell-related businesses, recruiting new human adult, amniotic, |
110 | cord blood, and placental stem cell-related businesses to the |
111 | state, and recruiting scientists and researchers in such fields |
112 | to the state and state universities. |
113 | 3. Develop a biomedical research grant program for |
114 | recommendation to the Secretary of Health that shall provide |
115 | grants-in-aid to eligible state institutions for the advancement |
116 | of human adult, amniotic, cord blood, and placental stem cell |
117 | research. |
118 | 4. Develop, no later than September 15, 2007, an |
119 | application for grants-in-aid under this section for |
120 | recommendation to the Secretary of Health for the purpose of |
121 | conducting human adult, amniotic, cord blood, and placental stem |
122 | cell research. |
123 | 5. Review applications from eligible institutions for |
124 | grants-in-aid on and after September 15, 2007, and provide to |
125 | the Secretary of Health recommendations for grant awards. |
126 | 6. Review the stem cell research conducted by eligible |
127 | institutions that receive such grants-in-aid. |
128 | 7. Review all stem cell research that is funded or |
129 | supported in any manner through the Biomedical Research Trust |
130 | Fund to ensure the adherence to ethical and safety guidelines |
131 | and procedures as set forth by federal ethical standards |
132 | established by the United States Department of Health and Human |
133 | Services. |
134 | (c) The advisory council shall submit an annual progress |
135 | report on the status of biomedical research in the state to the |
136 | Florida Center for Universal Research to Eradicate Disease and |
137 | to the Governor, the Secretary of Health, the President of the |
138 | Senate, and the Speaker of the House of Representatives by June |
139 | 30. The report must include: |
140 | 1. The amount of grants-in-aid awarded to eligible |
141 | institutions 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 |
144 | in the state. |
145 | 4. A list of research projects supported by grants-in-aid |
146 | awarded under the program. |
147 | 5. A list of publications in peer-reviewed journals |
148 | involving research supported by grants-in-aid awarded under the |
149 | program. |
150 | 6. The total amount of biomedical research funding |
151 | currently flowing into the state. |
152 | 7. New grants for biomedical research that were funded |
153 | based on research supported by grants-in-aid awarded under the |
154 | program. |
155 | 8. All other materials the advisory council deems |
156 | advisable to include. |
157 | (d) Advisory council members shall disclose any conflict |
158 | of interest or potential conflict of interest to the Secretary |
159 | of Health. |
160 | (e) The Department of Health shall provide administrative |
161 | staff to assist the advisory council in developing the |
162 | application for the grants-in-aid, reviewing the applications, |
163 | preparing the written consent form described in paragraph |
164 | (5)(b), and performing other administrative functions as the |
165 | advisory council requires. |
166 | (4) BIOMEDICAL RESEARCH TRUST FUND AND GRANTS-IN-AID.-- |
167 | (a) The Secretary of Health shall make grants-in-aid from |
168 | the Biomedical Research Trust Fund in accordance with the |
169 | provisions of this section, subject to a specific appropriation |
170 | in the General Appropriations Act. |
171 | (b) The Department of Health shall require any applicant |
172 | for a grant-in-aid under this section, for the purpose of |
173 | conducting stem cell research, to submit a complete description |
174 | of the applicant's organization, the applicant's plans for stem |
175 | cell research, the applicant's proposed funding for such |
176 | research from sources other than the state, and the applicant's |
177 | proposed arrangements concerning financial benefits to the state |
178 | as a result of any patent, royalty payment, or similar right |
179 | resulting from any stem cell research made possible by the |
180 | awarding of the grant-in-aid. The advisory council shall provide |
181 | recommendation to the Secretary of Health with respect to |
182 | awarding such grants-in-aid. |
183 | (5) USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS.-- |
184 | (a) Funds provided under this section may only be used for |
185 | research involving: |
186 | 1. Human adult stem cells. Funding for research may be |
187 | given for human adult stem cells derived from postmortem |
188 | tissues, other than from medically induced abortions. Funds may |
189 | be used for studies of human adult stem cells obtained from |
190 | either normal or transformed tissues. |
191 | 2. Amniotic stem cells extracted from human amniotic fluid |
192 | that are otherwise discarded after birth. |
193 | 3. Cord blood stem cells extracted from a human umbilical |
194 | cord that are otherwise discarded after birth. |
195 | 4. Placental stem cells extracted from a human placenta |
196 | that are otherwise discarded after birth. |
197 | (b) Adult, amniotic, cord blood, and placental stem cell |
198 | material may only be donated for research purposes with the |
199 | informed consent of the donor. |
200 | (c) No funds shall be used for research with human |
201 | embryonic stem cells that are derived by a process entailing the |
202 | donor embryo's death or destruction. |
203 | (d) Funds provided under this section may only be used for |
204 | research that is conducted in facilities located in this state. |
205 | Section 2. Paragraph (h) of subsection (1) of section |
206 | 20.435, 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 |
209 | administered by the Department of Health: |
210 | (h) Biomedical Research Trust Fund. |
211 | 1. Funds to be credited to the trust fund shall consist of |
212 | funds deposited pursuant to ss. s. 215.5601, 288.955, and 381.99 |
213 | and any other funds appropriated by the Legislature. Funds shall |
214 | be used for the purposes of the James and Esther King Biomedical |
215 | Research Program, and the William G. "Bill" Bankhead, Jr., and |
216 | David Coley Cancer Research Program, and the Florida Hope |
217 | Offered through Principled, Ethically Sound Stem Cell Research |
218 | Act as specified in ss. 215.5602, 288.955, and 381.922, and |
219 | 381.99. The trust fund is exempt from the service charges |
220 | imposed by s. 215.20. |
221 | 2. Notwithstanding the provisions of s. 216.301 and |
222 | pursuant to s. 216.351, any balance in the trust fund at the end |
223 | of any fiscal year shall remain in the trust fund at the end of |
224 | the year and shall be available for carrying out the purposes of |
225 | the trust fund. The department may invest these funds |
226 | independently through the Chief Financial Officer or may |
227 | negotiate a trust agreement with the State Board of |
228 | Administration for the investment management of any balance in |
229 | the trust fund. |
230 | 3. Notwithstanding s. 216.301 and pursuant to s. 216.351, |
231 | any balance of any appropriation from the Biomedical Research |
232 | Trust Fund which is not disbursed but which is obligated |
233 | pursuant to contract or committed to be expended may be carried |
234 | forward for up to 3 years following the effective date of the |
235 | original appropriation. |
236 | 4. The trust fund shall, unless terminated sooner, be |
237 | terminated on July 1, 2008. |
238 | Section 3. Subsection (1) of section 381.86, Florida |
239 | Statutes, is amended to read: |
240 | 381.86 Institutional Review Board.-- |
241 | (1) The Institutional Review Board is created within the |
242 | Department of Health in order to satisfy federal requirements |
243 | under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and 56 that an |
244 | institutional review board review all biomedical and behavioral |
245 | research on human subjects which is funded or supported in any |
246 | manner by the department, except that a separate Stem Cell |
247 | Research and Ethics Advisory Council shall be appointed under s. |
248 | 381.99. |
249 | Section 4. (1) The Department of Health shall prepare an |
250 | educational publication, subject to a specific appropriation in |
251 | the General Appropriations Act, that includes objective |
252 | information regarding: |
253 | (a) The medical processes involved in the collection of |
254 | umbilical cord blood; |
255 | (b) The medical risks to the mother and her newborn child |
256 | of umbilical cord blood collection; |
257 | (c) The options available to a mother relating to stem |
258 | cells that are contained in the umbilical cord blood after the |
259 | delivery of her newborn, including: |
260 | 1. Discarding the stem cells; |
261 | 2. Donating the stem cells to a public umbilical cord |
262 | blood bank; |
263 | 3. Storing the stem cells in a family or private umbilical |
264 | cord blood bank for use by family members; or |
265 | 4. Storing the stem cells for family use through a family |
266 | or sibling donor banking program that provides free collection, |
267 | processing, and storage where there is a medical need; |
268 | (d) The current and potential future medical uses, risks, |
269 | and benefits of umbilical cord blood collection to a mother, her |
270 | newborn child, and her biological family; |
271 | (e) The current and potential future medical uses, risks, |
272 | and benefits of umbilical cord blood collection to persons who |
273 | are not biologically related to a mother or her newborn child; |
274 | (f) Any costs that may be incurred by a pregnant woman who |
275 | chooses to make an umbilical cord blood donation; |
276 | (g) Options for ownership and future use of the donated |
277 | umbilical cord blood; and |
278 | (h) The average cost of public and private umbilical cord |
279 | blood banking. |
280 | (2) The department shall update the publication as |
281 | necessary. |
282 | (3) The department shall distribute the publication free |
283 | of charge to physicians and health care institutions on request |
284 | and shall make the publication available on its website in a |
285 | printable format. |
286 | (4) The department shall encourage health and maternal |
287 | care professionals providing health care services to a pregnant |
288 | woman, when those health care services are directly related to |
289 | her pregnancy, to provide the pregnant woman with the |
290 | publication by the end of her second trimester. |
291 | Section 5. This act shall take effect July 1, 2007. |