CS for CS for CS for SB 512                     Second Engrossed
       
       
       
       
       
       
       
       
       2020512e2
       
    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; amending s.
   24         499.012, F.S.; authorizing the Department of Business
   25         and Professional Regulation to issue a prescription
   26         drug manufacturer permit to a certain nonembryonic
   27         stem cell bank; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 381.06017, Florida Statutes, is created
   32  to read:
   33         381.06017Nonembryonic stem cell banks; collecting,
   34  manufacturing, storing, dispensing, concentrating, and using
   35  adult human nonembryonic stem cells and HCT/Ps.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a) “Adult human nonembryonic stem cells” means cells and
   38  cellular material that are derived from autologous or allogeneic
   39  human tissue intended for implantation, transplantation,
   40  infusion, or transfer into a human recipient.
   41         (b) “Agency” means the Agency for Health Care
   42  Administration.
   43         (c) “Allogeneic use” means the collection of human cells or
   44  tissue from one person and the implantation, transplantation,
   45  infusion, or transfer of those human cells or tissue into
   46  another person.
   47         (d) “Autologous use” means the implantation,
   48  transplantation, infusion, or transfer of human cells or tissue
   49  back into the individual from which they were collected.
   50         (e) “Dispense” has the same meaning as in s. 465.003(6).
   51         (f) “Establishment” means a place of business that is at
   52  one general physical location and may extend to one or more
   53  contiguous suites, units, floors, or buildings operated and
   54  controlled exclusively by entities under common operation and
   55  control. The term includes multiple buildings with an
   56  intervening thoroughfare if the buildings are under common
   57  exclusive ownership, operation, and control. For purposes of
   58  permitting, each suite, unit, floor, or building must be
   59  identified in the most recent permit application.
   60         (g) “FD&C Act” means the Federal Food, Drug, and Cosmetic
   61  Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
   62         (h) “HCT/Ps” means human cells, tissues, or cellular or
   63  tissue-based products that are intended for implantation,
   64  transplantation, infusion, or transfer into a human recipient.
   65  This term includes adult human nonembryonic stem cells, but does
   66  not include any of the following:
   67         1. Vascularized human organs for transplantation.
   68         2. Whole blood, blood components, blood derivative
   69  products, or platelet-rich plasma that are exempt under 21
   70  C.F.R. s. 607.65.
   71         3. Human secretions, including milk, collagen, and cell
   72  factors, but not semen.
   73         4. Minimally manipulated bone marrow that is for homologous
   74  use only and that is not combined with any other article except
   75  water, crystalloids, or sterilizing, preserving, or storage
   76  agents.
   77         5. Ancillary products used in the manufacture of
   78  nonembryonic adult human allogeneic or autologous HCT/Ps.
   79         6. Cells, tissue, or organs derived from animals.
   80         7. In vitro diagnostic products.
   81         8. Blood vessels recovered with an organ for
   82  transplantation.
   83         (i) “Homologous use” means the repair, reconstruction, or
   84  supplementation of a recipient’s cells or tissues with adult
   85  human nonembryonic stem cells or adult human nonembryonic HCT/Ps
   86  that perform the same basic function or functions in the
   87  recipient as in the donor.
   88         (j) “Manufacture” means the preparing, deriving,
   89  compounding, propagating, processing, producing, or fabricating
   90  of any drug, device, or cosmetic.
   91         (k) “Minimally manipulated” means:
   92         1. For structural tissues, processing that does not alter
   93  the original relevant characteristics of the tissue which relate
   94  to the tissue’s utility for reconstruction, repair, or
   95  replacement.
   96         2. For cells or nonstructural tissues, processing that does
   97  not alter the relevant biological characteristics of the cells
   98  or tissues.
   99         3. The washing, rinsing, cleaning, sizing, shaping, or
  100  concentrating of adult human nonembryonic HCT/Ps which does not
  101  alter the relevant characteristics or basic functions of the
  102  tissue or cell.
  103         (l) “Nonembryonic stem cell bank” means a publicly or
  104  privately owned establishment that operates its own
  105  laboratories, retains control over all aspects of processing and
  106  storage, is managed by a single entity, and performs any of the
  107  following activities in the course of its business:
  108         1. Engages in the manufacture, use, implantation,
  109  transplantation, infusion, dispensing, transfer, or storage of
  110  adult human allogeneic and autologous nonembryonic stem cells.
  111         2. Accepts, receives, carries, or delivers human allogeneic
  112  and autologous nonembryonic stem cells, drugs, or products that
  113  are approved by United States Food and Drug Administration and
  114  regulated as drugs, devices, or biological products by the FD&C
  115  Act, s. 351 of the PHS Act, or part I of chapter 499.
  116         3. Recovers, collects, screens, and tests, in the facility,
  117  adult human autologous nonembryonic HCT/Ps from a specific
  118  patient for implantation, transplantation, infusion, or transfer
  119  back into the same patient during a single surgery within the
  120  facility.
  121         4. Provides patient-specific health care services using
  122  adult human autologous nonembryonic HCT/Ps in the facility
  123  during a single procedure.
  124         5. Advertises adult human nonembryonic stem cell services
  125  or adult human autologous nonembryonic HCT/P services,
  126  including, but not limited to, the collection, manufacture
  127  implantation, transplantation, infusion, transfer, storage,
  128  dispensing, use, or purported use of United States Food and Drug
  129  Administration-approved adult human autologous nonembryonic stem
  130  cells or adult human autologous nonembryonic HCT/Ps that are
  131  intended to diagnose, cure, mitigate, treat, provide therapy
  132  for, or prevent an injury or a disease.
  133         6. Performs any procedure that is intended to:
  134         a. Collect or store adult human autologous nonembryonic
  135  HCT/Ps for autonomous homologous use; or
  136         b. Diagnose, cure, mitigate, treat, provide therapy for, or
  137  prevent an injury or a disease through the use or purported use
  138  of adult human autologous nonembryonic HCT/Ps.
  139         7. Compounds patient-specific adult human autologous
  140  nonembryonic HCT/Ps into a drug product by combining or mixing
  141  the patient-specific adult human nonembryonic HCT/Ps, at the
  142  prescriptive direction of a licensed physician authorized within
  143  the scope of his or her license to prescribe and administer
  144  adult human autologous nonembryonic HCT/Ps with one or more
  145  drugs or products to create a patient-specific drug or product.
  146         8. Dispenses adult human autologous nonembryonic stem cells
  147  or HCT/Ps to any of the following for a specific patient
  148  pursuant to a valid order from a licensed physician authorized
  149  within the scope of his or her license to prescribe and
  150  administer adult human autologous nonembryonic HCT/Ps:
  151         a. The specific patient’s physician with privileges to
  152  practice at the nonembryonic stem cell bank.
  153         b. For office use, the specific patient’s physician’s
  154  office or a health care facility or treatment setting where the
  155  physician has privileges to administer adult human autologous
  156  nonembryonic HCT/Ps.
  157         (m) “Office use” includes the provision and administration
  158  of any United States Food and Drug Administration-approved adult
  159  human nonembryonic stem cell drug, compounded drug, or
  160  compounded product regulated as a drug, device, or any
  161  biological product under the FD&C Act, s. 351 of the PHS Act, or
  162  part I of chapter 499, to a patient’s physician in the
  163  physician’s office or in a health care facility or treatment
  164  setting, including a hospital, an ambulatory surgical center, or
  165  a health care clinic licensed under chapter 395 or chapter 400.
  166  The term also includes the patient-specific dispensing,
  167  provision, or administration of the patient’s adult human
  168  autologous nonembryonic HCT/Ps.
  169         (n) “PHS Act” means the Public Health and Safety Act, 42
  170  U.S.C. ss. 262 et seq., and applicable regulations, including 21
  171  C.F.R. parts 1270 and 1271.
  172         (o) “Physician” means a person who is licensed to practice
  173  medicine under chapter 458 or osteopathic medicine under chapter
  174  459.
  175         (2) DUTIES AND REGISTRATION.—
  176         (a) Establishments that manufacture adult human
  177  nonembryonic HCT/Ps are regulated by either s. 351 or s. 361 of
  178  the PHS Act and part I of chapter 499.
  179         (b) Establishments that are regulated by s. 361 of the PHS
  180  Act must register with and submit a list of all HCT/Ps
  181  manufactured to the Food and Drug Administration and obtain a
  182  permit from the Department of Business and Professional
  183  Regulation if the HCT/P manufactured:
  184         1. Is minimally manipulated;
  185         2. Is intended only for homologous use;
  186         3. Is manufactured through a process that does not involve
  187  the combination of the cells or tissue with another article,
  188  except water, crystalloids, or a sterilizing, preserving, or
  189  storing agent; and
  190         4. For an adult human nonembryonic HCT/P, either:
  191         a. Does not have a systemic effect and is not dependent
  192  upon the metabolic activity of living cells for their primary
  193  function; or
  194         b. Has a systemic effect or is dependent upon the metabolic
  195  activity of living cells for its primary function and is for
  196  autologous use or for allogeneic use in a first-degree or
  197  second-degree blood relative.
  198         (c) Establishments that are regulated by s. 351 of the PHS
  199  Act must obtain approval from the United States Food and Drug
  200  Administration in the form of an approved investigational new
  201  drug application or a biological license application and must
  202  obtain a prescription drug manufacturing permit pursuant to s.
  203  499.01(2)(a).
  204         (d) Establishments that manufacture adult human
  205  nonembryonic HCT/Ps that do not meet the criteria described in
  206  paragraph (a) are exempt from the registration and listing
  207  requirements of s. 361 of the PHS Act, but must obtain a permit
  208  from, and submit a list of all HCT/Ps manufactured to, the
  209  Department of Business and Professional Regulation if the
  210  establishment:
  211         1. Uses the adult human nonembryonic HCT/Ps for
  212  nonmedicinal scientific purposes; or
  213         2. Removes human adult nonembryonic HCT/Ps from a patient,
  214  through a surgical procedure performed by a physician on that
  215  patient, and implants the same HCT/Ps into the same patient
  216  during that same surgical procedure, with the HCT/Ps being only
  217  minimal manipulated through washing, rinsing, cleaning, sizing,
  218  shaping, or concentrating that does not alter the original
  219  structural or relevant biological characteristics of the cells
  220  or tissues.
  221         (e) A nonembryonic stem cell bank that manufactures adult
  222  human nonembryonic HCT/Ps may not perform enzymatic digestion on
  223  or mechanical disruption of or similarly process any adult human
  224  nonembryonic stem cell or HCT/P to alter the HCT/P’s original
  225  structural characteristics or relevant biological
  226  characteristics or to isolate differentiated cells from
  227  undifferentiated cells that have lost their original structural
  228  function, so that the undifferentiated cells can be
  229  differentiated into a specialized cell type, unless the
  230  nonembryonic stem cell bank has first registered the HCT/P with
  231  the United States Food and Drug Administration and registered
  232  with the Department of Business and Professional Regulation as a
  233  drug, device, or biological product manufacturer and complies
  234  with all applicable regulations under the FD&C Act, s. 351 of
  235  the PHS Act, 21 C.F.R. parts 1-1299, and part I of chapter 499.
  236         (f) A nonembryonic stem cell bank that advertises,
  237  collects, stores, manufactures, dispenses, compounds, uses, or
  238  purports to use adult human nonembryonic stem cells or adult
  239  human autologous nonembryonic HCT/Ps is deemed a clinic as
  240  defined in s. 400.9905 and must comply with all of the following
  241  requirements:
  242         1. Adhere to the applicable current good tissue practices
  243  for the collecting, removing, manufacturing, processing, using,
  244  concentrating, and implanting of adult human nonembryonic stem
  245  cells or products containing adult human nonembryonic stem cells
  246  pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and
  247  part I of chapter 499.
  248         2. Adhere to the applicable current good manufacturing
  249  practices for the collecting, removing, manufacturing,
  250  processing, using, concentrating, compounding, and implanting of
  251  adult human autologous nonembryonic HCT/Ps so that it does not
  252  alter the relevant tissue or cellular characteristics or basic
  253  functions.
  254         3. Obtain a health care clinic license from the agency
  255  pursuant to s. 400.991 and part II of chapter 408 and register
  256  each establishment separately, unless:
  257         a. The clinic is a facility licensed under chapter 395; or
  258         b. The clinic is affiliated with an accredited medical
  259  school that provides training to medical students, residents, or
  260  fellows.
  261         4. Have a physician medical director who is responsible for
  262  the establishment’s compliance with all requirements related to
  263  licensure, operation of a nonembryonic stem cell bank, and
  264  current good manufacturing practices under this section, part X
  265  of chapter 400, and the FD&C Act, the PHS Act, 21 C.F.R. parts
  266  1-1299, and part I of chapter 499.
  267         5. Notify the agency, in writing, on a form approved by the
  268  agency, within 10 days after termination of a physician medical
  269  director and notify the agency within 10 days after such
  270  termination of the identity of the physician medical director
  271  who has assumed responsibility for that nonembryonic stem cell
  272  bank. Failure to have a physician medical director practicing at
  273  the location of the licensed nonembryonic stem cell bank is the
  274  basis for a summary suspension of the nonembryonic stem cell
  275  bank’s license pursuant to s. 120.60(6) or s. 400.607.
  276         6. Require a physician medical director with a full,
  277  active, and unencumbered license to actively practice at the
  278  nonembryonic stem cell bank location for which he or she has
  279  assumed responsibility.
  280         7. Maintain commercial and professional liability insurance
  281  in an amount not less than $250,000 per claim.
  282         8. Operate each establishment using the same name as the
  283  one used to obtain the health care clinic license from the
  284  agency. All invoices, packing slips, and other business records
  285  must list the same name.
  286         9. Obtain a pharmacy permit for each person and
  287  establishment before dispensing, offering office use of, or
  288  compounding adult human nonembryonic stem cells with any other
  289  drug, compound, or product.
  290         (3) DISPENSING OF DRUGS OR COMPOUNDED DRUGS OR PRODUCTS.—
  291         (a) A pharmacist at a nonembryonic stem cell bank that is
  292  also permitted as a pharmacy under chapter 465 may dispense for
  293  office use only any of the following to a stem cell bank within
  294  this state:
  295         1. Adult human nonembryonic stem cells.
  296         2. A compounded drug containing adult human nonembryonic
  297  stem cells.
  298         3. A compounded product containing adult human nonembryonic
  299  stem cells.
  300         (b) Adult human nonembryonic stem cells, compounded drugs
  301  containing adult human nonembryonic stem cells, or products
  302  containing adult human nonembryonic stem cells may not be sold
  303  or dispensed by any person or establishment other than the adult
  304  human nonembryonic stem cell bank or a pharmacist at the
  305  nonembryonic stem cell bank that dispenses or receives the adult
  306  human nonembryonic stem cells or the compounded drug or product
  307  containing adult human nonembryonic stem cells, except that:
  308         1. A physician who requests the dispensing of adult human
  309  nonembryonic stem cells, a compounded drug, or a compounded
  310  product from the manufacturing nonembryonic stem cell bank may
  311  administer such items to his or her patient if the physician is
  312  authorized within the scope of his or her license to prescribe
  313  and administer adult human nonembryonic stem cells; or
  314         2. A pharmacist, a pharmacy, or an establishment that
  315  receives or carries adult human nonembryonic stem cells, a
  316  compounded drug, or a compounded product that was manufactured
  317  by a nonembryonic stem cell bank may sell or dispense such items
  318  to a physician who is authorized within the scope of his or her
  319  license to prescribe and administer adult human nonembryonic
  320  stem cells to patients.
  321         (4) HEALTH CARE PRACTITIONER RESPONSIBILITIES.—
  322         (a) A physician, an advanced practice registered nurse
  323  licensed under chapter 464, or a physician assistant licensed
  324  under chapter 458 or chapter 459 may not practice in a
  325  nonembryonic stem cell bank that is not licensed by the agency
  326  as required by the rules adopted pursuant to s. 400.9925. The
  327  license of a health care practitioner who violates this
  328  paragraph is subject to disciplinary action by the appropriate
  329  regulatory board.
  330         (b) In the performance of any procedure collecting,
  331  storing, using, or purporting to use adult human nonembryonic
  332  stem cells or products containing adult human nonembryonic stem
  333  cells, a health care practitioner must adhere to the applicable
  334  current good tissue practices for the collecting, removing,
  335  manufacturing, processing, using, concentrating, compounding,
  336  and implanting of stem cells or products containing stem cells
  337  pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and
  338  part I of chapter 499.
  339         (5) RULEMAKING.—The agency, in consultation with the
  340  Department of Health and the Department of Business and
  341  Professional Regulation, shall adopt rules to administer the
  342  licensure, inspection, and regulation of nonembryonic stem cell
  343  banks, including, but not limited to, rules regarding all of the
  344  following which must be consistent with the best practices
  345  specified in the FD&C Act, the PHS Act, 21 C.F.R. parts 1270
  346  1271, and part I of chapter 499:
  347         (a) Advertising.
  348         (b) Nonembryonic stem cell bank procedures and protocols
  349  for the collecting, removing, manufacturing, storing,
  350  dispensing, concentrating, and using of adult human nonembryonic
  351  stem cells, other drugs containing adult human nonembryonic stem
  352  cells, and products containing adult human nonembryonic stem
  353  cells, in accordance with applicable current best practices.
  354         (c) Adverse incident reporting.
  355         (d) Informed consent.
  356         (e) Recordkeeping, record retention, and availability of
  357  records for inspection.
  358         Section 2. Paragraph (d) of subsection (1) of section
  359  499.012, Florida Statutes, is amended to read:
  360         499.012 Permit application requirements.—
  361         (1)
  362         (d) A permit for a prescription drug manufacturer,
  363  prescription drug repackager, prescription drug wholesale
  364  distributor, limited prescription drug veterinary wholesale
  365  distributor, or retail pharmacy drug wholesale distributor may
  366  not be issued to the address of a health care entity or to a
  367  pharmacy licensed under chapter 465, except as provided in this
  368  paragraph. The department may issue a prescription drug
  369  manufacturer permit to a nonembryonic stem cell bank that is
  370  licensed by the Agency for Health Care Administration pursuant
  371  to s. 400.991 and part II of chapter 408. The department may
  372  issue a prescription drug manufacturer permit to an applicant at
  373  the same address as a licensed nuclear pharmacy, which is a
  374  health care entity, even if the nuclear pharmacy holds a special
  375  sterile compounding permit under chapter 465, for the purpose of
  376  manufacturing prescription drugs used in positron emission
  377  tomography or other radiopharmaceuticals, as listed in a rule
  378  adopted by the department pursuant to this paragraph. The
  379  purpose of this exemption is to assure availability of state-of
  380  the-art pharmaceuticals that would pose a significant danger to
  381  the public health if manufactured at a separate establishment
  382  address from the nuclear pharmacy from which the prescription
  383  drugs are dispensed. The department may also issue a retail
  384  pharmacy drug wholesale distributor permit to the address of a
  385  community pharmacy licensed under chapter 465, even if the
  386  community pharmacy holds a special sterile compounding permit
  387  under chapter 465, as long as the community pharmacy does not
  388  meet the definition of a closed pharmacy in s. 499.003.
  389         Section 3. This act shall take effect July 1, 2020.