Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for CS for SB 512 Ì611058)Î611058 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/27/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 381.06017, Florida Statutes, is created 6 to read: 7 381.06017 Nonembryonic stem cell banks; collecting, 8 manufacturing, storing, dispensing, and using adult human 9 nonembryonic stem cells and HCT/Ps.— 10 (1) DEFINITIONS.—As used in this section, the term: 11 (a) “Adult human nonembryonic stem cells” means cells that 12 are derived from adult human nonembryonic HCT/Ps through 13 enzymatic digestion, mechanical disruption, or similar 14 processing. The term includes only drugs, devices, or biological 15 products that are approved by the United States Food and Drug 16 Administration and are regulated by the FD&C Act, s. 351 of the 17 PHS Act, or part I of chapter 499. 18 (b) “Agency” means the Agency for Health Care 19 Administration. 20 (c) “Allogenic use” means the collection of human cells or 21 tissue from one person and the implantation, transplantation, 22 infusion, or transfer of those human cells or tissue into 23 another person. 24 (d) “Autologous use” means the implantation, 25 transplantation, infusion, or transfer of human cells or tissue 26 back into the individual from which they were collected. 27 (e) “Dispense” has the same meaning as in s. 465.003(6). 28 (f) “Establishment” means a place of business which is at 29 one general physical location and may extend to one or more 30 contiguous suites, units, floors, or buildings operated and 31 controlled exclusively by entities under common operation and 32 control. The term includes multiple buildings with an 33 intervening thoroughfare if the buildings are under common 34 exclusive ownership, operation, and control. For purposes of 35 permitting, each suite, unit, floor, or building must be 36 identified in the most recent permit application. 37 (g) “FD&C Act” means the Federal Food, Drug, and Cosmetic 38 Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq. 39 (h) ”HCT/Ps“ means human cells, tissues, or cellular or 40 tissue-based products that are intended for implantation, 41 transplantation, infusion, or transfer into a human recipient. 42 The term does not include any of the following: 43 1. Vascularized human organs for transplantation. 44 2. Whole blood, blood components, blood derivative 45 products, or platelet-rich plasma that are exempt under 21 C.F.R 46 607.65. 47 3. Human secretions, including milk, collagen, and cell 48 factors, but not semen. 49 4. Minimally manipulated bone marrow that is for homologous 50 use only and that is not combined with any other article except 51 water, crystalloids, or sterilizing, preserving, or storage 52 agents. 53 5. Ancillary products used in the manufacture of 54 nonembryonic adult human allogenic or autologous HCT/Ps. 55 6. Cells, tissue, or organs derived from animals. 56 7. In vitro diagnostic products. 57 8. Blood vessels recovered with an organ for 58 transplantation. 59 (i) “Homologous use” means the repair, reconstruction, or 60 supplementation of a recipient’s cells or tissues with adult 61 human nonembryonic stem cells or adult human nonembryonic HCT/Ps 62 that perform the same basic function or functions in the 63 recipient as in the donor. 64 (j) “Manufacture” means the preparing, deriving, 65 compounding, propagation, processing, producing, or fabricating 66 of any drug, device, or cosmetic. 67 (k) “Minimally manipulated” means: 68 1.a. For structural tissues, processing that does not alter 69 the original characteristics of the tissue which relate to the 70 tissue’s utility for reconstruction, repair, or replacement; or 71 b. For cells or nonstructural tissues, processing that does 72 not alter the relevant biological characteristics of the cells 73 or tissues. 74 2. The washing, rinsing, cleaning, sizing, shaping, or 75 concentrating of adult human nonembryonic HCT/Ps which does not 76 alter the relevant characteristics or basic functions of the 77 tissue or cell. 78 (l) “Nonembryonic stem cell bank” means a publicly or 79 privately owned establishment that operates its own 80 laboratories, retains control over all aspects of processing and 81 storage, is managed by a single entity, and performs any of the 82 following activities in the course of its business: 83 1. Engages in the manufacture, use, implantation, 84 transplantation, infusion, dispensing, transfer, or storage of 85 adult human allogenic and autologous nonembryonic stem cells. 86 2. Accepts, receives, carries, or delivers human allogenic 87 and autologous nonembryonic stem cells, drugs, or products that 88 are approved by United States Food and Drug Administration and 89 regulated as drugs, devices, or biological products by the FD&C 90 Act, s. 251 of the PHS Act, or part I of chapter 499. 91 3. Recovers, collects, screens, and tests, in the facility, 92 adult human autologous nonembryonic HCT/Ps from a specific 93 patient for implantation, transplantation, infusion, or transfer 94 back into the same patient during a single surgery within the 95 facility. 96 4. Provides patient-specific health care services using 97 adult human autologous nonembryonic HCT/Ps in the facility 98 during a single procedure. 99 5. Advertises adult human nonembryonic stem cell services 100 or adult human autologous nonembryonic HCT/P services, 101 including, but not limited to, the collection, manufacture 102 implantation, transplantation, infusion, transfer, storage, 103 dispensing, use, or purported use of United States Food and Drug 104 Administration-approved adult human autologous nonembryonic stem 105 cells or adult human autologous nonembryonic HCT/Ps that are 106 intended to diagnose, cure, mitigate, treat, provide therapy 107 for, or prevent an injury or a disease. 108 6. Performs any procedure that is intended to: 109 a. Collect or store adult human autologous nonembryonic 110 HCT/Ps for autonomous homologous use; or 111 b. Diagnose, cure, mitigate, treat, provide therapy for, or 112 prevent an injury or a disease through the use or purported use 113 of adult human autologous nonembryonic HCT/Ps. 114 7. Compounds patient-specific adult human autologous 115 nonembryonic HCT/Ps into a drug product by combining or mixing 116 the patient-specific adult human nonembryonic HCT/Ps, at the 117 prescriptive direction of a licensed physician authorized within 118 the scope of his or her license to prescribe and administer 119 adult human autologous nonembryonic HTC/Ps with one or more 120 drugs or products to create a patient-specific drug or product. 121 8. Dispenses adult human autologous nonembryonic stem cells 122 or HTC/Ps to any of the following for a specific patient 123 pursuant to a valid order from a licensed physician authorized 124 within the scope of his or her license to prescribe and 125 administer adult human autologous nonembryonic HTC/Ps: 126 a. The specific patient’s physician with privileges to 127 practice at the nonembryonic stem cell bank. 128 b. For office use, the specific patient’s physician’s 129 office or a health care facility or treatment setting where the 130 physician has privileges to administer adult human autologous 131 nonembryonic HTC/Ps. 132 (l) “Office use” includes the provision and administration 133 of any United States Food and Drug Administration-approved adult 134 human nonembryonic stem cell drug, compounded drug, or 135 compounded product regulated as a drug, device, or any 136 biological product under the FD&C Act, the PHS Act, 42 U.S.C. 137 262, s. 351, or part I of chapter 499, to a patient’s physician 138 in the physician’s office or in a health care facility or 139 treatment setting, including a hospital, an ambulatory surgical 140 center, or a health care clinic licensed under chapter 395 or 141 chapter 400. The term also includes the patient-specific 142 dispensing, provision, or administration of the patient’s adult 143 human autologous nonembryonic HTC/Ps. 144 (m) “PHS Act” means the Public Health and Safety Act, 42 145 U.S.C. ss. 262 et seq., and applicable regulations, including 21 146 C.F.R. part 1271. 147 (n) “Physician” means a person who is licensed to practice 148 medicine under chapter 458 or osteopathic medicine under chapter 149 459. 150 (2) DUTIES AND REGISTRATION.— 151 (a) Establishments that manufacture adult human 152 nonembryonic HTC/Ps are regulated by s. 361 of the PHS Act and 153 part I of chapter 499. Such establishments must register with 154 and submit a list of all HCT/Ps manufactured to the Food and 155 Drug Administration and obtain a permit from the Department of 156 Business and Professional Regulation if the HCT/P manufactured 157 is: 158 1. Minimally manipulated; 159 2. Intended only for homologous use; 160 3. Manufactured through a process that does not involve the 161 combination of the cells or tissue with another article, except 162 water, crystalloids, or a sterilizing, preserving, or storing 163 agent; and 164 4. For an adult human nonembryonic HCT/P, either: 165 a. Does not have a systemic effect and is not dependent 166 upon the metabolic activity of living cells for their primary 167 function; or 168 b. Has a systemic effect or is dependent upon the metabolic 169 activity of living cells for its primary function and is for 170 autologous use or for allogenic use in a first-degree or second 171 degree blood relative. 172 (b) Establishments that manufacture adult human 173 nonembryonic HCT/Ps that do not meet the criteria described in 174 paragraph (a) are exempt from the registration and listing 175 requirements of s. 361 of the PHS Act, but must obtain a permit 176 from and submit a list of all HTC/Ps manufactured to the 177 Department of Business and Professional Regulation if the 178 establishment: 179 1. Uses the adult human nonembryonic HTC/Ps for 180 nonmedicinal scientific purposes; or 181 2. Removes human adult nonembryonic HCT/Ps from a patient 182 and implants the same HCT/Ps into the same patient during the 183 same surgical procedure with only minimal manipulation of the 184 HCT/Ps which does not alter the original relevant biological 185 characteristics of the cells or tissues. 186 (c) A nonembryonic stem cell bank that manufactures adult 187 human nonembryonic HCT/Ps may not more than minimally 188 manipulate, through enzymatic digestion, mechanical disruption, 189 or similar processing, any adult human nonembryonic stem cell or 190 HCT/P to alter the HCT/P’s original structural characteristics 191 or relevant biological characteristics or to isolate 192 differentiated cells from undifferentiated cells that have lost 193 their original structural function, so that the undifferentiated 194 cells can be differentiated into a specialized cell type, unless 195 the nonembryonic stem cell bank has first registered the HCT/P 196 with the United States Food and Drug Administration and the 197 Department of Business and Professional Regulation as a drug, 198 device, or biological product manufacturer and complies with all 199 applicable regulations under the FD&C Act, s. 351 of the PHS 200 Act, 21 C.F.R. parts 1-1299, and part I of chapter 499. 201 (d) A nonembryonic stem cell bank that advertises, 202 collects, stores, manufactures, dispenses, compounds, uses, or 203 purports to use adult human nonembryonic stem cells or adult 204 human autologous nonembryonic HCT/Ps is deemed a clinic as 205 defined in s. 400.9905 and must comply with all of the following 206 requirements: 207 1. Adhere to the applicable current good manufacturing 208 practices for the collecting, removing, manufacturing, 209 processing, using, compounding, and implanting of adult human 210 nonembryonic stem cells or products containing adult human 211 nonembryonic stem cells pursuant to the FD&C Act, the PHS Act, 212 21 C.F.R., parts 1270-1271, and part I of chapter 499. 213 2. Adhere to the applicable current good manufacturing 214 practices for the collecting, removing, manufacturing, 215 processing, using, compounding, and implanting of adult human 216 autologous nonembryonic HCT/Ps so that it does not alter the 217 relevant tissue or cellular characteristics or basic functions. 218 3. Obtain a health care clinic license from the agency 219 pursuant to s. 400.991 and part II of chapter 408 and register 220 each establishment separately, unless: 221 a. The clinic is a facility licensed under chapter 395; or 222 b. The clinic is affiliated with an accredited medical 223 school that provides training to medical students, residents, or 224 fellows. 225 4. Have a physician medical director who is responsible for 226 the establishment’s compliance with all requirements related to 227 licensure, operation of a nonembryonic stem cell bank, and 228 current good manufacturing practices under this section, part X 229 of chapter 400, and the FD&C Act, the PHS Act, 21 C.F.R. parts 230 1-1299, and part I of chapter 499. 231 5. Notify the agency, in writing, on a form approved by the 232 agency, within 10 days after termination of a physician medical 233 director and notify the agency within 10 days after such 234 termination of the identity of the physician medical director 235 who has assumed responsibility for that nonembryonic stem cell 236 bank. Failure to have a physician medical director practicing at 237 the location of the licensed nonembryonic stem cell bank is the 238 basis for a summary suspension of the nonembryonic stem cell 239 bank’s license pursuant to s. 120.60(6) or s. 400.607. 240 6. Require a physician medical director with a full, 241 active, and unencumbered license to actively practice at the 242 nonembryonic stem cell bank location for which he or she has 243 assumed responsibility. 244 7. Maintain commercial and professional liability insurance 245 in an amount not less than $250,000 per claim. 246 8. Operate each establishment using the same name as the 247 one used to obtain the health care clinic license from the 248 agency. All invoices, packing slips, and other business records 249 must list the same name. 250 9. Obtain a pharmacy permit for each person and 251 establishment before dispensing, offering office use of, or 252 compounding adult human nonembryonic stem cells with any other 253 drug, compound, or product. 254 (3) DISPENSING OF DRUGS OR COMPOUNDED DRUGS OR PRODUCTS.— 255 (a) A pharmacist at a nonembryonic stem cell bank that is 256 also permitted as a pharmacy under chapter 465 may dispense for 257 office use only any of the following to a stem cell bank within 258 this state: 259 1. Adult human nonembryonic stem cells. 260 2. A compounded drug containing adult human nonembryonic 261 stem cells. 262 3. A compounded product containing adult human nonembryonic 263 stem cells. 264 (b) Adult human nonembryonic stem cells, compounded drugs 265 containing adult human nonembryonic stem cells, or products 266 containing adult human nonembryonic stem cells may not be sold 267 or dispensed by any person or establishment other than the adult 268 human nonembryonic stem cell bank or a pharmacist at the 269 nonembryonic stem cell bank that dispenses or receives the adult 270 human nonembryonic stem cells or the compounded drug or product 271 containing adult human nonembryonic stem cells, except that: 272 1. A physician who requests the dispensing of adult human 273 nonembryonic stem cells, a compounded drug, or a compounded 274 product from the manufacturing nonembryonic stem cell bank may 275 administer such items to his or her patient if the physician is 276 authorized within the scope of his or her license to prescribe 277 and administer adult human nonembryonic stem cells; or 278 2. A pharmacist, a pharmacy, or an establishment that 279 receives or carries adult human nonembryonic stem cells, a 280 compounded drug, or a compounded product that was manufactured 281 by a nonembryonic stem cell bank may sell or dispense such items 282 to a physician who is authorized within the scope of his or her 283 license to prescribe and administer adult human nonembryonic 284 stem cells to patients. 285 (4) HEALTH CARE PRACTITIONER RESPONSIBILITIES.— 286 (a) A physician, an advanced practice registered nurse 287 licensed under chapter 464, or a physician assistant licensed 288 under chapter 458 or chapter 459 may not practice in a 289 nonembryonic stem cell bank that is not licensed with the agency 290 as required by the rules adopted pursuant to s. 400.9925. The 291 license of a health care practitioner who violates this 292 paragraph is subject to disciplinary action by the appropriate 293 regulatory board. 294 (b) In the performance of any procedure collecting, 295 storing, using, or purporting to use adult human nonembryonic 296 stem cells or products containing adult human nonembryonic stem 297 cells, a health care practitioner must adhere to the applicable 298 current good manufacturing practices for the collecting, 299 removing, manufacturing, processing, using, compounding, and 300 implanting of stem cells or products containing stem cells 301 pursuant to the FD&C Act, 21 C.F.R., parts 1270-1271, the PHS 302 Act, and part I of chapter 499. 303 (5) RULEMAKING.—The agency, in consultation with the 304 Department of Health and the Department of Business and 305 Professional Regulation, shall adopt rules necessary to 306 administer the licensure, inspection, and regulation of 307 nonembryonic stem cell banks, including, but not limited to, 308 rules regarding all of the following which must be consistent 309 with the best practices specified in the FD&C Act, 21 C.F.R. 310 parts 1270-1271, the PHS Act, and part I of chapter 499: 311 (a) Advertising. 312 (b) Nonembryonic stem cell bank procedures and protocols 313 for the collecting, removing, manufacturing, storing, 314 dispensing, and using of adult human nonembryonic stem cells, 315 other drugs containing adult human nonembryonic stem cells, and 316 products containing adult human nonembryonic stem cells, in 317 accordance with applicable current best practices. 318 (c) Adverse incident reporting. 319 (d) Informed consent. 320 (e) Recordkeeping, record retention, and availability of 321 records for inspection. 322 Section 2. This act shall take effect July 1, 2020. 323 324 ================= T I T L E A M E N D M E N T ================ 325 And the title is amended as follows: 326 Delete everything before the enacting clause 327 and insert: 328 A bill to be entitled 329 An act relating to nonembryonic stem cell banks; 330 creating s. 381.06017, F.S.; defining terms; providing 331 registration requirements for certain establishments; 332 prohibiting a nonembryonic stem cell bank from more 333 than minimally manipulating adult human nonembryonic 334 stem cells or HCT/Ps under certain circumstances; 335 providing that a nonembryonic stem cell bank that 336 performs certain functions is deemed a clinic; 337 requiring such nonembryonic stem cell banks to comply 338 with specified requirements; prohibiting an entity 339 other than certain nonembryonic stem cell banks and 340 pharmacists from dispensing certain compounded drugs 341 or products, with exceptions; prohibiting certain 342 health care practitioners from practicing in a 343 nonembryonic stem cell bank that is not licensed with 344 the agency; providing for disciplinary action; 345 requiring health care practitioners to adhere to 346 specified regulations in the performance of certain 347 procedures; requiring the Agency, in consultation with 348 the Department of Health and the Department of 349 Business and Professional Regulation, to adopt 350 specified rules; providing an effective date.