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: 33 381.06017 Nonembryonic 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.