Senate Bill sb2496c1

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    Florida Senate - 2007                           CS for SB 2496

    By the Committee on Health Policy; and Senator Haridopolos





    587-2376-07

  1                      A bill to be entitled

  2         An act relating to stem cell research; creating

  3         s. 381.99, F.S.; providing a short title;

  4         providing definitions; creating the Stem Cell

  5         Research Advisory Council and Biomedical Ethics

  6         Advisory Council within the Department of

  7         Health; providing for membership and terms;

  8         providing duties and responsibilities;

  9         requiring the Secretary of Health to make

10         grants-in-aid from the Biomedical Research

11         Trust Fund for stem cell research; providing

12         requirements relating to applications for and

13         awards of such grants-in-aid; providing

14         specifications for moneys to be made available

15         from the trust fund for stem cell research

16         grants-in-aid; providing restrictions and

17         requirements for uses of funds from such

18         grants-in-aid; providing an appropriation;

19         amending s. 20.435, F.S.; revising references;

20         amending s. 381.86, F.S.; providing an

21         exception to the Institutional Review Board for

22         the Stem Cell Research Advisory Council and

23         Biomedical Ethics Advisory Council; requiring

24         the Department of Health to prepare and

25         distribute a publication regarding the process,

26         options, medical uses, risks, and benefits of

27         umbilical cord blood collection; providing an

28         effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2007                           CS for SB 2496
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 1         Section 1.  Section 381.99, Florida Statutes, is

 2  created to read:

 3         381.99  Florida Hope Offered through Principled,

 4  Ethically Sound Stem Cell Research Act.--

 5         (1)  SHORT TITLE.--This section may be cited as the

 6  "Florida Hope Offered through Principled, Ethically Sound Stem

 7  Cell Research Act."

 8         (2)  DEFINITIONS.--As used in this section, the term:

 9         (a)  "Adult stem cell" means a cell found within

10  differentiated tissue or an organ which can renew itself and

11  give rise to the major cell types of the tissue or organ. This

12  includes cells from the fetal to adult stages of development.

13         (b)  "Amniotic stem cell" means a cell extracted from

14  human amniotic fluid or a placenta.

15         (c)  "Embryonic stem cell" means a cell obtained from

16  the undifferentiated inner mass of an early stage embryo.

17         (d)  "Stem cell" means a cell that retains the

18  potential to generate some or all other cell types.

19         (3)  STEM CELL RESEARCH ADVISORY COUNCIL.--There is

20  created the Stem Cell Research Advisory Council within the

21  Department of Health.

22         (a)1.  The advisory council shall consist of the

23  Secretary of Health or his or her designee, who shall act as

24  chair, and six additional members, who shall be appointed as

25  follows:

26         a.  Two persons appointed by the Governor, one of whom

27  shall be an academic researcher in the field of stem cell

28  research and one of whom shall have a background in bioethics.

29         b.  One person appointed by the President of the

30  Senate, who shall have a background in private-sector stem

31  

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    Florida Senate - 2007                           CS for SB 2496
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 1  cell funding and development or public-sector biomedical

 2  research and funding.

 3         c.  One person appointed by the Speaker of the House of

 4  Representatives, who shall have a background in private-sector

 5  stem cell funding and development or public-sector biomedical

 6  research and funding.

 7         d.  One person appointed by the President of the

 8  Senate, who shall have a background and experience in

 9  public-sector or private-sector stem cell research and

10  development.

11         e.  One person appointed by the Speaker of the House of

12  Representatives, who shall be an executive of a biotech

13  company, or his or her designee.

14         2.  Each member shall be appointed to a term of 2 years

15  commencing on October 1, 2007. A member may not serve for more

16  than two consecutive 2-year terms; however, for the purpose of

17  providing staggered terms, of the initial appointments, three

18  members shall be appointed to 1-year terms and three members

19  shall be appointed to 2-year terms. Any vacancy on the

20  advisory council shall be filled in the same manner as the

21  original appointment. All initial appointments shall be made

22  by October 1, 2007. The first meeting shall take place no

23  later than November 1, 2007. All meetings are subject to the

24  call of the chair. Members shall meet at least twice a year or

25  as often as necessary to discharge their duties but may not

26  hold more than four meetings during any 12-month period.

27  Members shall serve without compensation but are entitled to

28  reimbursement for per diem and travel expenses in accordance

29  with s. 112.061.

30         (b)  The advisory council shall:

31  

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    Florida Senate - 2007                           CS for SB 2496
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 1         1.  Develop a donated funds program for recommendation

 2  to the Secretary of Health to encourage the development of

 3  funds other than state appropriations for human adult stem

 4  cell research in the state.

 5         2.  Examine and identify specific ways to improve and

 6  promote for-profit and not-for-profit human adult stem cell

 7  and related research in the state, including, but not limited

 8  to, identifying sources of public and private funding for such

 9  research, maintaining existing human adult stem cell-related

10  businesses, recruiting new human adult stem cell-related

11  businesses to the state, and recruiting scientists and

12  researchers in such fields to the state and state

13  universities.

14         3.  Develop a biomedical research grant program for

15  recommendation to the Secretary of Health which shall provide

16  grants-in-aid to eligible state institutions for the

17  advancement of human adult stem cell research.

18         4.  Develop, no later than December 1, 2007, an

19  application for grants-in-aid under this section for

20  recommendation to the Secretary of Health for the purpose of

21  conducting human adult stem cell research.

22         5.  Review applications from eligible institutions for

23  grants-in-aid on and after December 1, 2007, and provide to

24  the Secretary of Health recommendations for grant awards.

25         6.  Review the stem cell research conducted by eligible

26  institutions that receive such grants-in-aid.

27         (c)  The advisory council shall submit an annual

28  progress report on the status of biomedical research in the

29  state to the Florida Center for Universal Research to

30  Eradicate Disease and to the Governor, the Secretary of

31  

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    Florida Senate - 2007                           CS for SB 2496
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 1  Health, the President of the Senate, and the Speaker of the

 2  House of Representatives by June 30. The report must include:

 3         1.  The amount of grants-in-aid awarded to eligible

 4  institutions from the Biomedical Research Trust Fund.

 5         2.  The names of the recipients of such grants-in-aid.

 6         3.  The current status and progress of stem cell

 7  research in the state.

 8         4.  A list of research projects supported by

 9  grants-in-aid awarded under the program.

10         5.  A list of publications in peer-reviewed journals

11  involving research supported by grants-in-aid awarded under

12  the program.

13         6.  The total amount of biomedical research funding

14  currently flowing into the state.

15         7.  New grants for biomedical research which were

16  funded based on research supported by grants-in-aid awarded

17  under the program.

18         8.  All other materials that the advisory council

19  considers advisable to include.

20         (d)  Advisory council members shall disclose any

21  conflict of interest or potential conflict of interest to the

22  Secretary of Health.

23         (e)  The Department of Health shall provide

24  administrative staff to assist the advisory council in

25  developing the application for the grants-in-aid, reviewing

26  the applications, preparing the written consent form described

27  in paragraph (6)(b), and performing other administrative

28  functions as the advisory council requires.

29         (4)  BIOMEDICAL ETHICS ADVISORY COUNCIL.--There is

30  created within the Department of Health the Biomedical Ethics

31  Advisory Council.

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    Florida Senate - 2007                           CS for SB 2496
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 1         (a)1.  The advisory council shall consist of the

 2  Secretary of Health or his or her designee, who shall act as

 3  chair, and six additional members, who shall be appointed as

 4  follows:

 5         a.  Two persons appointed by the Governor.

 6         b.  One person appointed by the President of the

 7  Senate.

 8         c.  One person appointed by the Speaker of the House of

 9  Representatives.

10         d.  One person appointed by the Minority Leader of the

11  Senate.

12         e.  One person appointed by the Minority Leader of the

13  House of Representatives.

14         2.  All members must demonstrate knowledge and

15  understanding of the ethical, medical, and scientific

16  implications of stem cell research and should also demonstrate

17  knowledge of related fields, including, but not limited to,

18  genetics, cellular biology, and embryology. Each member shall

19  be appointed to a term of 4 years commencing on October 1,

20  2007; however, for the purpose of providing staggered terms,

21  of the initial appointments, three members shall be appointed

22  to 2-year terms and three members shall be appointed to 4-year

23  terms. A member may not serve for more than two consecutive

24  terms. Any vacancy on the advisory council shall be filled in

25  the same manner as the original appointment. All initial

26  appointments shall be made by October 1, 2007. The first

27  meeting shall take place no later than November 1, 2007. All

28  meetings are subject to the call of the chair. Members shall

29  meet at least twice a year or as often as necessary to

30  discharge their duties but may not hold more than one meeting

31  per month during any 12-month period. Members shall serve

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    Florida Senate - 2007                           CS for SB 2496
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 1  without compensation but are entitled to reimbursement for per

 2  diem and travel expenses in accordance with s. 112.061.

 3         (b)  The advisory council shall review all stem cell

 4  research that is funded or supported in any manner through the

 5  Biomedical Research Trust Fund to ensure the adherence to

 6  ethical and safety guidelines and procedures as set forth by

 7  federal ethical standards established by the United States

 8  Department of Health and Human Services.

 9         (5)  BIOMEDICAL RESEARCH TRUST FUND AND

10  GRANTS-IN-AID.--

11         (a)  The Secretary of Health shall make grants-in-aid

12  from the Biomedical Research Trust Fund in accordance with the

13  provisions of this section.

14         (b)  The Department of Health shall require any

15  applicant for a grant-in-aid under this section, for the

16  purpose of conducting stem cell research, to submit a complete

17  description of the applicant's organization, the applicant's

18  plans for stem cell research, the applicant's proposed funding

19  for such research from sources other than the state, and the

20  applicant's proposed arrangements concerning financial

21  benefits to the state as a result of any patent, royalty

22  payment, or similar right resulting from any stem cell

23  research made possible by the awarding of the grant-in-aid.

24  The Stem Cell Research Advisory Council shall provide

25  recommendations to the Secretary of Health with respect to

26  awarding such grants-in-aid after considering the

27  recommendations of the Biomedical Ethics Advisory Council.

28         (c)  Beginning with the 2007-2008 fiscal year, and for

29  10 consecutive years thereafter, not less than $20 million

30  shall be made available annually from the Biomedical Research

31  Trust Fund within the Department of Health for grants-in-aid

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 1  to eligible institutions for the purpose of conducting adult

 2  stem cell research pursuant to this section. Up to 15 percent

 3  of the funds may be used for administrative costs. Any

 4  unexpended funds not used for grants-in-aid during the current

 5  fiscal year shall be carried forward for the following fiscal

 6  year to fund the grants-in-aid.

 7         (6)  USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS.--

 8         (a)  Funds provided under this section may be used only

 9  for research involving:

10         1.  Human adult stem cells, including, but not limited

11  to, adult stem cells derived from umbilical cord blood and

12  bone marrow. Funding for research may be given for human adult

13  stem cells derived from postmortem tissues, other than from

14  medically induced abortions. Funds may be used for studies of

15  human adult stem cells obtained from normal or transformed

16  tissues.

17         2.  Amniotic stem cells extracted from human amniotic

18  fluid or placentas which are otherwise discarded after birth.

19         (b)  Amniotic and adult stem cell material may be

20  donated only for research purposes with the informed consent

21  of the donor.

22         (c)  Funds may not be used for research using human

23  embryonic stem cells that are derived by a process entailing

24  the donor embryo's death or destruction.

25         (7)  CONTINUING APPROPRIATION.--Beginning in the

26  2007-2008 fiscal year, the sum of $20 million is appropriated

27  annually from recurring funds in the General Revenue Fund to

28  the Biomedical Research Trust Fund within the Department of

29  Health for the purpose of carrying out the provisions of this

30  section. The amount of funds appropriated may not exceed $200

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 1  million for the 10-year period beginning in the 2007-2008

 2  fiscal year and ending in the 2016-2017 fiscal year.

 3         Section 2.  Paragraph (h) of subsection (1) of section

 4  20.435, Florida Statutes, is amended to read:

 5         20.435  Department of Health; trust funds.--

 6         (1)  The following trust funds are hereby created, to

 7  be administered by the Department of Health:

 8         (h)  Biomedical Research Trust Fund.

 9         1.  Funds to be credited to the trust fund shall

10  consist of funds deposited pursuant to ss. s. 215.5601,

11  288.955, and 381.99 and any other funds appropriated by the

12  Legislature. Funds shall be used for the purposes of the James

13  and Esther King Biomedical Research Program, and the William

14  G. "Bill" Bankhead, Jr., and David Coley Cancer Research

15  Program, and the Florida Hope Offered through Principled,

16  Ethically Sound Stem Cell Research Act as specified in ss.

17  215.5602, 288.955, and 381.922, and 381.99. The trust fund is

18  exempt from the service charges imposed by s. 215.20.

19         2.  Notwithstanding the provisions of s. 216.301 and

20  pursuant to s. 216.351, any balance in the trust fund at the

21  end of any fiscal year shall remain in the trust fund at the

22  end of the year and shall be available for carrying out the

23  purposes of the trust fund. The department may invest these

24  funds independently through the Chief Financial Officer or may

25  negotiate a trust agreement with the State Board of

26  Administration for the investment management of any balance in

27  the trust fund.

28         3.  Notwithstanding s. 216.301 and pursuant to s.

29  216.351, any balance of any appropriation from the Biomedical

30  Research Trust Fund which is not disbursed but which is

31  obligated pursuant to contract or committed to be expended may

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 1  be carried forward for up to 3 years following the effective

 2  date of the original appropriation.

 3         4.  The trust fund shall, unless terminated sooner, be

 4  terminated on July 1, 2008.

 5         Section 3.  Subsection (1) of section 381.86, Florida

 6  Statutes, is amended to read:

 7         381.86  Institutional Review Board.--

 8         (1)  The Institutional Review Board is created within

 9  the Department of Health in order to satisfy federal

10  requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50

11  and 56 that an institutional review board review all

12  biomedical and behavioral research on human subjects which is

13  funded or supported in any manner by the department, except

14  that a separate Stem Cell Research Advisory Council and

15  Biomedical Ethics Advisory Council shall be appointed under s.

16  381.99.

17         Section 4.  (1)  The Department of Health shall prepare

18  an educational publication that includes objective information

19  regarding:

20         (a)  The medical processes involved in the collection

21  of umbilical cord blood;

22         (b)  The medical risks to the mother and her newborn

23  child of umbilical cord blood collection;

24         (c)  The options available to a mother relating to stem

25  cells that are contained in the umbilical cord blood after the

26  delivery of her newborn, including:

27         1.  Discarding the stem cells;

28         2.  Donating the stem cells to a public umbilical cord

29  blood bank;

30         3.  Storing the stem cells in a family or private

31  umbilical cord blood bank for use by family members; or

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 1         4.  Storing the stem cells for family use through a

 2  family or sibling donor banking program that provides free

 3  collection, processing, and storage where there is a medical

 4  need;

 5         (d)  The current and potential future medical uses,

 6  risks, and benefits of umbilical cord blood collection to a

 7  mother, her newborn child, and her biological family;

 8         (e)  The current and potential future medical uses,

 9  risks, and benefits of umbilical cord blood collection to

10  persons who are not biologically related to a mother or her

11  newborn child;

12         (f)  Any costs that may be incurred by a pregnant woman

13  who chooses to make an umbilical cord blood donation;

14         (g)  Options for ownership and future use of the

15  donated material; and

16         (h)  The average cost of public and private umbilical

17  cord blood banking.

18         (2)  The department shall update the publication as

19  necessary.

20         (3)  The department shall distribute the pamphlet free

21  of charge to physicians and health care institutions upon

22  request and shall make the pamphlet available on its website

23  in printable format.

24         (4)  The department shall encourage health and maternal

25  care professionals providing health care services to a

26  pregnant woman, when those health care services are directly

27  related to her pregnancy, to provide the pregnant woman with

28  the publication by the end of her second trimester.

29         Section 5.  This act shall take effect July 1, 2007.

30  

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    Florida Senate - 2007                           CS for SB 2496
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2496

 3                                 

 4  The committee substitute deletes the definition of human
    cloning. It deletes the prohibitions and penalties relating to
 5  human cloning. The committee substitute requires the
    Department of Health to prepare and distribute a publication
 6  regarding the process, options, medical uses, risks, and
    benefits of umbilical cord blood collection.
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