Florida Senate - 2020 SB 512 By Senator Hutson 7-00555-20 2020512__ 1 A bill to be entitled 2 An act relating to nonembryonic stem cells; creating 3 s. 381.4017, F.S.; providing legislative findings and 4 intent; providing definitions; authorizing the 5 administration of nonembryonic stem cells and the use 6 of such cells in health care products; authorizing the 7 ownership and operation of a pharmacy in the state 8 which compounds a drug, medicine, or health care 9 product using nonembryonic stem cells; authorizing the 10 importation of any sterile compound, drug, or other 11 treatment containing nonembryonic stem cells under 12 certain circumstances; authorizing certain licensed 13 persons to administer or assist in the administration 14 of such compounds, drugs, or other treatment; 15 authorizing the operation of stem cell banks in the 16 state; requiring a stem cell bank to register with the 17 Department of Health; providing requirements for a 18 department-approved registration form; requiring a 19 stem cell bank to notify the department of any changes 20 in information within a specified time period; 21 requiring a stem cell bank to obtain or otherwise 22 carry professional liability insurance; providing that 23 a professional licensing board is not limited in its 24 duties; providing liability for persons who fail to 25 use reasonable care; requiring that the department 26 adopt by rule standards developed by an independent 27 third party; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 381.4017, Florida Statutes, is created 32 to read: 33 381.4017 Nonembryonic stem cells; stem cell bank 34 registration.— 35 (1) The Legislature finds that access to safe and high 36 quality health care services and products is of concern to all 37 persons and regenerative medicine, including the use of 38 nonembryonic stem cells, is a promising area of health care. It 39 is the intent of the Legislature to encourage and facilitate the 40 safety of all health care services and products. 41 (2) As used in this section, the term: 42 (a) “Allogeneic” means originating from the body of another 43 person. 44 (b) “Autologous” means originating from within a person’s 45 own body. 46 (c) “Department” means the Department of Health. 47 (d) “Independent third party” means an organization: 48 1. That provides industry safety standards, relevant 49 research, and an industry-specific database in association with 50 one or more stem cell banks; and 51 2. Whose members are registered with the department. 52 (e) “Nonembryonic stem cells” means autologous or 53 allogeneic cellular material that: 54 1. Has not been isolated or obtained directly from human 55 embryos; and 56 2. May have been or may be combined with one or more: 57 a. Naturally occurring biomaterials; or 58 b. Materials approved or cleared by the United States Food 59 and Drug Administration or other applicable agency or authority. 60 (f) “Stem cell bank” means a facility that stores 61 nonembryonic stem cells. 62 (3) Nonembryonic stem cells may be administered to a person 63 by: 64 (a) Himself or herself; or 65 (b) A person licensed or authorized in this state to 66 administer or assist in the administration of medicine or health 67 care if such person administers or assists in the administration 68 of the nonembryonic stem cells using a mode of administration 69 permitted under his or her license or authorization. 70 (4) A health care product may be compounded using 71 nonembryonic stem cells as a sterile ingredient either by 72 themselves or in combination with other sterile ingredients. A 73 pharmacy that compounds a drug, medicine, or health care product 74 using nonembryonic stem cells may be owned or operated, or both, 75 in this state. 76 (5)(a) A person may import into this state any sterile 77 compound, drug, or other treatment containing nonembryonic stem 78 cells if such compound, drug, or other treatment: 79 1. Was obtained without violating the laws of the 80 jurisdiction in which it was obtained; and 81 2. Is for personal use. 82 (b) A person licensed or authorized in this state to 83 administer or assist in the administration of medicine or health 84 care may administer or assist in the administration of the 85 imported sterile compound, drug, or other treatment containing 86 nonembryonic stem cells if such person administers or assists in 87 the administration of such compound, drug, or other treatment 88 using a mode of administration permitted under his or her 89 license or authorization. 90 (6)(a) Notwithstanding any other provision of law, a stem 91 cell bank may operate in this state. 92 (b) Before organizing or arranging for the operation of a 93 stem cell bank in this state, a stem cell bank must register 94 with the department by submitting a department-approved 95 registration form that contains: 96 1. The name, street address, and telephone number of the 97 stem cell bank. 98 2. The name, street address, and telephone number of each 99 officer, director, or organizational official of the stem cell 100 bank who is responsible for the operation of the stem cell bank. 101 3. Identification of the types of human tissue used in 102 business or research at the stem cell bank. 103 4. Identification of the product names produced at the stem 104 cell bank for distribution. 105 5. Any other information required for registration by the 106 department. 107 (c) Each stem cell bank shall notify the department in 108 writing of any change in the information required for 109 registration not later than 10 days after such change goes into 110 effect. 111 (d) Each stem cell bank that operates in this state must 112 obtain or otherwise carry, before engaging in such business, a 113 policy of professional liability insurance that insures the stem 114 cell bank against any liability arising from the operation of 115 such business. 116 (7) This section does not absolve: 117 (a) A professional licensing board of the duty to regulate 118 licenses or otherwise prohibit or limit the powers and duties of 119 a licensing board to regulate the procedures used to administer 120 nonembryonic stem cells. 121 (b) Any person of civil or criminal liability or penalty 122 for failure to use the reasonable care, skill, or knowledge 123 ordinarily used in rendering health care services or 124 administering health care products under similar circumstances. 125 (8) The department shall adopt by rule standards developed 126 by an independent third party to ensure public safety and to 127 implement this section. 128 Section 2. This act shall take effect July 1, 2020.