CS for CS for CS for SB 512 First Engrossed 2020512e1 1 A bill to be entitled 2 An act relating to nonembryonic stem cell banks; 3 creating s. 381.06017, F.S.; defining terms; providing 4 registration and permitting requirements for certain 5 establishments; prohibiting a nonembryonic stem cell 6 bank from performing certain processes on adult human 7 nonembryonic stem cells or HCT/Ps under certain 8 circumstances; providing that a nonembryonic stem cell 9 bank that performs certain functions is deemed a 10 clinic; requiring such nonembryonic stem cell banks to 11 comply with specified requirements; prohibiting an 12 entity other than certain nonembryonic stem cell banks 13 and pharmacists from dispensing certain compounded 14 drugs or products, with exceptions; prohibiting 15 certain health care practitioners from practicing in a 16 nonembryonic stem cell bank that is not licensed by 17 the agency; providing for disciplinary action; 18 requiring health care practitioners to adhere to 19 specified regulations in the performance of certain 20 procedures; requiring the Agency for Health Care 21 Administration, in consultation with the Department of 22 Health and the Department of Business and Professional 23 Regulation, to adopt specified rules; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 381.06017, Florida Statutes, is created 29 to read: 30 381.06017 Nonembryonic stem cell banks; collecting, 31 manufacturing, storing, dispensing, concentrating, and using 32 adult human nonembryonic stem cells and HCT/Ps.— 33 (1) DEFINITIONS.—As used in this section, the term: 34 (a) “Adult human nonembryonic stem cells” means cells and 35 cellular material that are derived from autologous or allogeneic 36 human tissue intended for implantation, transplantation, 37 infusion, or transfer into a human recipient. 38 (b) “Agency” means the Agency for Health Care 39 Administration. 40 (c) “Allogeneic use” means the collection of human cells or 41 tissue from one person and the implantation, transplantation, 42 infusion, or transfer of those human cells or tissue into 43 another person. 44 (d) “Autologous use” means the implantation, 45 transplantation, infusion, or transfer of human cells or tissue 46 back into the individual from which they were collected. 47 (e) “Dispense” has the same meaning as in s. 465.003(6). 48 (f) “Establishment” means a place of business that is at 49 one general physical location and may extend to one or more 50 contiguous suites, units, floors, or buildings operated and 51 controlled exclusively by entities under common operation and 52 control. The term includes multiple buildings with an 53 intervening thoroughfare if the buildings are under common 54 exclusive ownership, operation, and control. For purposes of 55 permitting, each suite, unit, floor, or building must be 56 identified in the most recent permit application. 57 (g) “FD&C Act” means the Federal Food, Drug, and Cosmetic 58 Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq. 59 (h) “HCT/Ps” means human cells, tissues, or cellular or 60 tissue-based products that are intended for implantation, 61 transplantation, infusion, or transfer into a human recipient. 62 This term includes adult human nonembryonic stem cells, but does 63 not include any of the following: 64 1. Vascularized human organs for transplantation. 65 2. Whole blood, blood components, blood derivative 66 products, or platelet-rich plasma that are exempt under 21 67 C.F.R. s. 607.65. 68 3. Human secretions, including milk, collagen, and cell 69 factors, but not semen. 70 4. Minimally manipulated bone marrow that is for homologous 71 use only and that is not combined with any other article except 72 water, crystalloids, or sterilizing, preserving, or storage 73 agents. 74 5. Ancillary products used in the manufacture of 75 nonembryonic adult human allogeneic or autologous HCT/Ps. 76 6. Cells, tissue, or organs derived from animals. 77 7. In vitro diagnostic products. 78 8. Blood vessels recovered with an organ for 79 transplantation. 80 (i) “Homologous use” means the repair, reconstruction, or 81 supplementation of a recipient’s cells or tissues with adult 82 human nonembryonic stem cells or adult human nonembryonic HCT/Ps 83 that perform the same basic function or functions in the 84 recipient as in the donor. 85 (j) “Manufacture” means the preparing, deriving, 86 compounding, propagating, processing, producing, or fabricating 87 of any drug, device, or cosmetic. 88 (k) “Minimally manipulated” means: 89 1. For structural tissues, processing that does not alter 90 the original relevant characteristics of the tissue which relate 91 to the tissue’s utility for reconstruction, repair, or 92 replacement. 93 2. For cells or nonstructural tissues, processing that does 94 not alter the relevant biological characteristics of the cells 95 or tissues. 96 3. The washing, rinsing, cleaning, sizing, shaping, or 97 concentrating of adult human nonembryonic HCT/Ps which does not 98 alter the relevant characteristics or basic functions of the 99 tissue or cell. 100 (l) “Nonembryonic stem cell bank” means a publicly or 101 privately owned establishment that operates its own 102 laboratories, retains control over all aspects of processing and 103 storage, is managed by a single entity, and performs any of the 104 following activities in the course of its business: 105 1. Engages in the manufacture, use, implantation, 106 transplantation, infusion, dispensing, transfer, or storage of 107 adult human allogeneic and autologous nonembryonic stem cells. 108 2. Accepts, receives, carries, or delivers human allogeneic 109 and autologous nonembryonic stem cells, drugs, or products that 110 are approved by United States Food and Drug Administration and 111 regulated as drugs, devices, or biological products by the FD&C 112 Act, s. 351 of the PHS Act, or part I of chapter 499. 113 3. Recovers, collects, screens, and tests, in the facility, 114 adult human autologous nonembryonic HCT/Ps from a specific 115 patient for implantation, transplantation, infusion, or transfer 116 back into the same patient during a single surgery within the 117 facility. 118 4. Provides patient-specific health care services using 119 adult human autologous nonembryonic HCT/Ps in the facility 120 during a single procedure. 121 5. Advertises adult human nonembryonic stem cell services 122 or adult human autologous nonembryonic HCT/P services, 123 including, but not limited to, the collection, manufacture 124 implantation, transplantation, infusion, transfer, storage, 125 dispensing, use, or purported use of United States Food and Drug 126 Administration-approved adult human autologous nonembryonic stem 127 cells or adult human autologous nonembryonic HCT/Ps that are 128 intended to diagnose, cure, mitigate, treat, provide therapy 129 for, or prevent an injury or a disease. 130 6. Performs any procedure that is intended to: 131 a. Collect or store adult human autologous nonembryonic 132 HCT/Ps for autonomous homologous use; or 133 b. Diagnose, cure, mitigate, treat, provide therapy for, or 134 prevent an injury or a disease through the use or purported use 135 of adult human autologous nonembryonic HCT/Ps. 136 7. Compounds patient-specific adult human autologous 137 nonembryonic HCT/Ps into a drug product by combining or mixing 138 the patient-specific adult human nonembryonic HCT/Ps, at the 139 prescriptive direction of a licensed physician authorized within 140 the scope of his or her license to prescribe and administer 141 adult human autologous nonembryonic HCT/Ps with one or more 142 drugs or products to create a patient-specific drug or product. 143 8. Dispenses adult human autologous nonembryonic stem cells 144 or HCT/Ps to any of the following for a specific patient 145 pursuant to a valid order from a licensed physician authorized 146 within the scope of his or her license to prescribe and 147 administer adult human autologous nonembryonic HCT/Ps: 148 a. The specific patient’s physician with privileges to 149 practice at the nonembryonic stem cell bank. 150 b. For office use, the specific patient’s physician’s 151 office or a health care facility or treatment setting where the 152 physician has privileges to administer adult human autologous 153 nonembryonic HCT/Ps. 154 (m) “Office use” includes the provision and administration 155 of any United States Food and Drug Administration-approved adult 156 human nonembryonic stem cell drug, compounded drug, or 157 compounded product regulated as a drug, device, or any 158 biological product under the FD&C Act, s. 351 of the PHS Act, or 159 part I of chapter 499, to a patient’s physician in the 160 physician’s office or in a health care facility or treatment 161 setting, including a hospital, an ambulatory surgical center, or 162 a health care clinic licensed under chapter 395 or chapter 400. 163 The term also includes the patient-specific dispensing, 164 provision, or administration of the patient’s adult human 165 autologous nonembryonic HCT/Ps. 166 (n) “PHS Act” means the Public Health and Safety Act, 42 167 U.S.C. ss. 262 et seq., and applicable regulations, including 21 168 C.F.R. parts 1270 and 1271. 169 (o) “Physician” means a person who is licensed to practice 170 medicine under chapter 458 or osteopathic medicine under chapter 171 459. 172 (2) DUTIES AND REGISTRATION.— 173 (a) Establishments that manufacture adult human 174 nonembryonic HCT/Ps are regulated by either s. 351 or s. 361 of 175 the PHS Act and part I of chapter 499. 176 (b) Establishments that are regulated by s. 361 of the PHS 177 Act must register with and submit a list of all HCT/Ps 178 manufactured to the Food and Drug Administration and obtain a 179 permit from the Department of Business and Professional 180 Regulation if the HCT/P manufactured: 181 1. Is minimally manipulated; 182 2. Is intended only for homologous use; 183 3. Is manufactured through a process that does not involve 184 the combination of the cells or tissue with another article, 185 except water, crystalloids, or a sterilizing, preserving, or 186 storing agent; and 187 4. For an adult human nonembryonic HCT/P, either: 188 a. Does not have a systemic effect and is not dependent 189 upon the metabolic activity of living cells for their primary 190 function; or 191 b. Has a systemic effect or is dependent upon the metabolic 192 activity of living cells for its primary function and is for 193 autologous use or for allogeneic use in a first-degree or 194 second-degree blood relative. 195 (c) Establishments that are regulated by s. 351 of the PHS 196 Act must obtain approval from the United States Food and Drug 197 Administration in the form of an approved investigational new 198 drug application or a biological license application and must 199 obtain a prescription drug manufacturing permit pursuant to s. 200 499.01(2)(a). 201 (d) Establishments that manufacture adult human 202 nonembryonic HCT/Ps that do not meet the criteria described in 203 paragraph (a) are exempt from the registration and listing 204 requirements of s. 361 of the PHS Act, but must obtain a permit 205 from, and submit a list of all HCT/Ps manufactured to, the 206 Department of Business and Professional Regulation if the 207 establishment: 208 1. Uses the adult human nonembryonic HCT/Ps for 209 nonmedicinal scientific purposes; or 210 2. Removes human adult nonembryonic HCT/Ps from a patient, 211 through a surgical procedure performed by a physician on that 212 patient, and implants the same HCT/Ps into the same patient 213 during that same surgical procedure, with the HCT/Ps being only 214 minimal manipulated through washing, rinsing, cleaning, sizing, 215 shaping, or concentrating that does not alter the original 216 structural or relevant biological characteristics of the cells 217 or tissues. 218 (e) A nonembryonic stem cell bank that manufactures adult 219 human nonembryonic HCT/Ps may not perform enzymatic digestion on 220 or mechanical disruption of or similarly process any adult human 221 nonembryonic stem cell or HCT/P to alter the HCT/P’s original 222 structural characteristics or relevant biological 223 characteristics or to isolate differentiated cells from 224 undifferentiated cells that have lost their original structural 225 function, so that the undifferentiated cells can be 226 differentiated into a specialized cell type, unless the 227 nonembryonic stem cell bank has first registered the HCT/P with 228 the United States Food and Drug Administration and registered 229 with the Department of Business and Professional Regulation as a 230 drug, device, or biological product manufacturer and complies 231 with all applicable regulations under the FD&C Act, s. 351 of 232 the PHS Act, 21 C.F.R. parts 1-1299, and part I of chapter 499. 233 (f) A nonembryonic stem cell bank that advertises, 234 collects, stores, manufactures, dispenses, compounds, uses, or 235 purports to use adult human nonembryonic stem cells or adult 236 human autologous nonembryonic HCT/Ps is deemed a clinic as 237 defined in s. 400.9905 and must comply with all of the following 238 requirements: 239 1. Adhere to the applicable current good tissue practices 240 for the collecting, removing, manufacturing, processing, using, 241 concentrating, and implanting of adult human nonembryonic stem 242 cells or products containing adult human nonembryonic stem cells 243 pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and 244 part I of chapter 499. 245 2. Adhere to the applicable current good manufacturing 246 practices for the collecting, removing, manufacturing, 247 processing, using, concentrating, compounding, and implanting of 248 adult human autologous nonembryonic HCT/Ps so that it does not 249 alter the relevant tissue or cellular characteristics or basic 250 functions. 251 3. Obtain a health care clinic license from the agency 252 pursuant to s. 400.991 and part II of chapter 408 and register 253 each establishment separately, unless: 254 a. The clinic is a facility licensed under chapter 395; or 255 b. The clinic is affiliated with an accredited medical 256 school that provides training to medical students, residents, or 257 fellows. 258 4. Have a physician medical director who is responsible for 259 the establishment’s compliance with all requirements related to 260 licensure, operation of a nonembryonic stem cell bank, and 261 current good manufacturing practices under this section, part X 262 of chapter 400, and the FD&C Act, the PHS Act, 21 C.F.R. parts 263 1-1299, and part I of chapter 499. 264 5. Notify the agency, in writing, on a form approved by the 265 agency, within 10 days after termination of a physician medical 266 director and notify the agency within 10 days after such 267 termination of the identity of the physician medical director 268 who has assumed responsibility for that nonembryonic stem cell 269 bank. Failure to have a physician medical director practicing at 270 the location of the licensed nonembryonic stem cell bank is the 271 basis for a summary suspension of the nonembryonic stem cell 272 bank’s license pursuant to s. 120.60(6) or s. 400.607. 273 6. Require a physician medical director with a full, 274 active, and unencumbered license to actively practice at the 275 nonembryonic stem cell bank location for which he or she has 276 assumed responsibility. 277 7. Maintain commercial and professional liability insurance 278 in an amount not less than $250,000 per claim. 279 8. Operate each establishment using the same name as the 280 one used to obtain the health care clinic license from the 281 agency. All invoices, packing slips, and other business records 282 must list the same name. 283 9. Obtain a pharmacy permit for each person and 284 establishment before dispensing, offering office use of, or 285 compounding adult human nonembryonic stem cells with any other 286 drug, compound, or product. 287 (3) DISPENSING OF DRUGS OR COMPOUNDED DRUGS OR PRODUCTS.— 288 (a) A pharmacist at a nonembryonic stem cell bank that is 289 also permitted as a pharmacy under chapter 465 may dispense for 290 office use only any of the following to a stem cell bank within 291 this state: 292 1. Adult human nonembryonic stem cells. 293 2. A compounded drug containing adult human nonembryonic 294 stem cells. 295 3. A compounded product containing adult human nonembryonic 296 stem cells. 297 (b) Adult human nonembryonic stem cells, compounded drugs 298 containing adult human nonembryonic stem cells, or products 299 containing adult human nonembryonic stem cells may not be sold 300 or dispensed by any person or establishment other than the adult 301 human nonembryonic stem cell bank or a pharmacist at the 302 nonembryonic stem cell bank that dispenses or receives the adult 303 human nonembryonic stem cells or the compounded drug or product 304 containing adult human nonembryonic stem cells, except that: 305 1. A physician who requests the dispensing of adult human 306 nonembryonic stem cells, a compounded drug, or a compounded 307 product from the manufacturing nonembryonic stem cell bank may 308 administer such items to his or her patient if the physician is 309 authorized within the scope of his or her license to prescribe 310 and administer adult human nonembryonic stem cells; or 311 2. A pharmacist, a pharmacy, or an establishment that 312 receives or carries adult human nonembryonic stem cells, a 313 compounded drug, or a compounded product that was manufactured 314 by a nonembryonic stem cell bank may sell or dispense such items 315 to a physician who is authorized within the scope of his or her 316 license to prescribe and administer adult human nonembryonic 317 stem cells to patients. 318 (4) HEALTH CARE PRACTITIONER RESPONSIBILITIES.— 319 (a) A physician, an advanced practice registered nurse 320 licensed under chapter 464, or a physician assistant licensed 321 under chapter 458 or chapter 459 may not practice in a 322 nonembryonic stem cell bank that is not licensed by the agency 323 as required by the rules adopted pursuant to s. 400.9925. The 324 license of a health care practitioner who violates this 325 paragraph is subject to disciplinary action by the appropriate 326 regulatory board. 327 (b) In the performance of any procedure collecting, 328 storing, using, or purporting to use adult human nonembryonic 329 stem cells or products containing adult human nonembryonic stem 330 cells, a health care practitioner must adhere to the applicable 331 current good tissue practices for the collecting, removing, 332 manufacturing, processing, using, concentrating, compounding, 333 and implanting of stem cells or products containing stem cells 334 pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and 335 part I of chapter 499. 336 (5) RULEMAKING.—The agency, in consultation with the 337 Department of Health and the Department of Business and 338 Professional Regulation, shall adopt rules to administer the 339 licensure, inspection, and regulation of nonembryonic stem cell 340 banks, including, but not limited to, rules regarding all of the 341 following which must be consistent with the best practices 342 specified in the FD&C Act, the PHS Act, 21 C.F.R. parts 1270 343 1271, and part I of chapter 499: 344 (a) Advertising. 345 (b) Nonembryonic stem cell bank procedures and protocols 346 for the collecting, removing, manufacturing, storing, 347 dispensing, concentrating, and using of adult human nonembryonic 348 stem cells, other drugs containing adult human nonembryonic stem 349 cells, and products containing adult human nonembryonic stem 350 cells, in accordance with applicable current best practices. 351 (c) Adverse incident reporting. 352 (d) Informed consent. 353 (e) Recordkeeping, record retention, and availability of 354 records for inspection. 355 Section 2. This act shall take effect July 1, 2020.