Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. CS for SB 1768 Ì642556:Î642556 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/17/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Trumbull) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 90 - 328 4 and insert: 5 of human cells, tissues, or cellular or tissue-based products 6 which complies with the regulatory and reporting requirements 7 provided in this section. The term does not include treatment or 8 research using human cells or tissues that were derived from a 9 fetus or an embryo after an abortion. 10 (3)(a) A physician may perform stem cell therapy that is 11 not approved by the United States Food and Drug Administration 12 if such therapy is used for treatment or procedures that are 13 within the scope of practice for such physician and the 14 therapies are related to orthopedics, wound care, or pain 15 management. 16 (b) To ensure that the retrieval, manufacture, storage, and 17 use of stem cells used for therapies conducted under this 18 section meet the highest standards, any stem cells used by a 19 physician for therapy provided under this section must: 20 1. Be manufactured in a clean room space that has been 21 certified by the United States Food and Drug Administration for 22 using high-efficiency particulate air filtration or ultra-low 23 penetration air filtration to minimize nonviable and viable 24 particulate contamination; 25 2. Be retrieved, manufactured, and stored in a facility 26 that is registered and regulated by the United States Food and 27 Drug Administration and licensed or registered with one of the 28 following entities: 29 a. National Marrow Donor Program. 30 b. World Marrow Donor Association. 31 c. Association for the Advancement of Blood and 32 Biotherapies. 33 d. American Association of Tissue Banks; and 34 3. Contain viable or live cells upon post-thaw analysis and 35 be included in a post-thaw viability analysis report for the 36 product lot which will be sent to the health care provider 37 before use with the provider’s patient. 38 (4) In the performance of any procedure using or purporting 39 to use stem cells or products containing stem cells, the 40 physician shall adhere to the applicable current good 41 manufacturing practices for the collection, removal, processing, 42 implantation, and transfer of stem cells, or products containing 43 stem cells, pursuant to the Federal Food, Drug, and Cosmetic 44 Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.; and 21 45 C.F.R. part 1271, Human Cells, Tissues, and Cellular and Tissue 46 Based Products. 47 (5)(a) A physician who conducts stem cell therapy pursuant 48 to this section shall include the following notice in any form 49 of advertisement: 50 51 THIS NOTICE MUST BE PROVIDED TO YOU UNDER FLORIDA LAW. 52 This physician performs one or more stem cell 53 therapies that have not yet been approved by the 54 United States Food and Drug Administration. You are 55 encouraged to consult with your primary care provider 56 before undergoing any stem cell therapy. 57 58 (b) The notice required by paragraph (a) must be clearly 59 legible and in a type size no smaller than the largest type size 60 used in the advertisement. 61 (6)(a) A physician who conducts stem cell therapy pursuant 62 to this section shall obtain a signed consent form from the 63 patient before performing the stem cell therapy. 64 (b) The consent form must be signed by the patient or, if 65 the patient is not legally competent, the patient’s 66 representative and must state all of the following in language 67 the patient or his or her representative could reasonably be 68 expected to understand: 69 1. The nature and character of the proposed treatment. 70 2. That the proposed stem cell therapy has not yet been 71 approved by the United States Food and Drug Administration. 72 3. The anticipated results of the proposed treatment. 73 4. The recognized serious possible risks, complications, 74 and anticipated benefits involved in the treatment and in the 75 recognized possible alternative forms of treatment, including 76 nontreatment. 77 5. That the patient is encouraged to consult with his or 78 her primary care provider before undergoing any stem cell 79 therapy. 80 (7) This section does not apply to either of the following: 81 (a) A physician who has obtained approval for an 82 investigational new drug or device from the United States Food 83 and Drug Administration for the use of human cells, tissues, or 84 cellular or tissue-based products. 85 (b) A physician who performs stem cell therapy under an 86 employment or other contract on behalf of an institution 87 certified by any of the following: 88 1. The Foundation for the Accreditation of Cellular 89 Therapy. 90 2. The Blood and Marrow Transplant Clinical Trials Network. 91 3. The Association for the Advancement of Blood and 92 Biotherapies. 93 4. An entity with expertise in stem cell therapy as 94 determined by the department. 95 (8) A violation of this section may subject the physician 96 to disciplinary action by the board or the department. 97 (9) The Board of Medicine shall adopt rules in consultation 98 with the Board of Osteopathic Medicine to implement this 99 section. 100 Section 2. Section 459.0127, Florida Statutes, is created 101 to read: 102 459.0127 Stem cell therapy.— 103 (1) The Legislature recognizes the significant potential of 104 stem cell therapies in advancing medical treatments and 105 improving patient outcomes and further recognizes the need to 106 ensure that such therapies are provided using stem cells 107 obtained in an ethical manner that does not involve stem cells 108 derived from aborted fetuses. It is the intent of the 109 Legislature to foster medical innovation while upholding ethical 110 standards that respect the sanctity of life. By encouraging the 111 use of stem cell sources such as adult stem cells, umbilical 112 cord blood, and other ethically obtained human cells, tissues, 113 or cellular or tissue-based products, the state will advance 114 regenerative medicine in a manner consistent with the values of 115 this state. 116 (2) As used in this section, the term: 117 (a) “Human cells, tissues, or cellular or tissue-based 118 products” means articles containing or consisting of human cells 119 or tissues collected from cord blood donors who are residents of 120 the United States which are intended for implantation, 121 transplantation, infusion, or transfer into a human recipient, 122 including, but not limited to, bones, ligaments, skin, dura 123 mater, heart valves, corneas, hematopoietic stem or progenitor 124 cells derived from peripheral and cord blood, manipulated 125 autologous chondrocytes, epithelial cells on a synthetic matrix, 126 and semen or other reproductive tissue. The term does not 127 include any of the following: 128 1. Vascularized human organs for transplantation. 129 2. Whole blood or blood components or blood derivative 130 products subject to regulation under part I of chapter 499. 131 3. Secreted or extracted human products, such as milk, 132 collagen, and cell factors; except that semen is considered a 133 human cell, tissue, or cellular or tissue-based product for 134 purposes of this paragraph. 135 4. Minimally manipulated bone marrow for homologous use and 136 not combined with another article, except for with water, 137 crystalloids, or a sterilizing, preserving, or storage agent, if 138 the addition of the agent does not raise new clinical safety 139 concerns with respect to the bone marrow. 140 5. Ancillary products used in the manufacture of human 141 cells, tissues, or cellular or tissue-based products. 142 6. Cells, tissues, and organs derived from animals other 143 than humans. 144 7. In vitro diagnostic products. 145 8. Blood vessels recovered with an organ, as defined in 42 146 C.F.R. s. 121.2, which are intended for use in organ 147 transplantation and labeled, “For use in organ transplantation 148 only.” 149 9. Fetal-derived stem cells. 150 10. Adipose-derived mesenchymal stem cells for 151 transplantation. 152 (b) “Minimally manipulated” means: 153 1. For structural tissue, processing that does not alter 154 the original relevant characteristics of the tissue relating to 155 the tissue’s utility for reconstruction, repair, or replacement. 156 2. For cells or nonstructural tissues, processing that does 157 not alter the relevant biological characteristics of cells or 158 tissues. 159 (c) “Physician” means a physician licensed under this 160 chapter or under chapter 458 acting in the course and scope of 161 his or her employment. 162 (d) “Stem cell therapy” means a treatment involving the use 163 of human cells, tissues, or cellular or tissue-based products 164 which complies with the regulatory and reporting requirements 165 provided in this section. The term does not include treatment or 166 research using human cells or tissues that were derived from a 167 fetus or an embryo after an abortion. 168 (3)(a) A physician may perform stem cell therapy that is 169 not approved by the United States Food and Drug Administration 170 if such therapy is used for treatment or procedures that are 171 within the scope of practice for such physician and the 172 therapies are related to orthopedics, wound care, or pain 173 management. 174 (b) To ensure that the retrieval, manufacture, storage, and 175 use of stem cells used for therapies conducted under this 176 section meet the highest standards, any stem cells used by a 177 physician for therapy provided under this section must: 178 1. Be manufactured in a clean room space that has been 179 certified by the United States Food and Drug Administration for 180 using high-efficiency particulate air filtration or ultra-low 181 penetration air filtration to minimize nonviable and viable 182 particulate contamination; 183 2. Be retrieved, manufactured, and stored in a facility 184 that is registered and regulated by the United States Food and 185 Drug Administration and licensed or registered with one of the 186 following entities: 187 a. National Marrow Donor Program. 188 b. World Marrow Donor Association. 189 c. Association for the Advancement of Blood and 190 Biotherapies. 191 d. American Association of Tissue Banks; and 192 3. Contain viable or live cells upon post-thaw analysis and 193 be included in a post-thaw viability analysis report for the 194 product lot which will be sent to the health care provider 195 before use with the provider’s patient. 196 (4) In the performance of any procedure using or purporting 197 to use stem cells or products containing stem cells, the 198 physician shall adhere to the applicable current good 199 manufacturing practices for the collection, removal, processing, 200 implantation, and transfer of stem cells, or products containing 201 stem cells, pursuant to the Federal Food, Drug, and Cosmetic 202 Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.; and 21 203 C.F.R. part 1271, Human Cells, Tissues, and Cellular and Tissue 204 Based Products. 205 (5)(a) A physician who conducts stem cell therapy pursuant 206 to this section shall include the following notice in any form 207 of advertisement: 208 209 THIS NOTICE MUST BE PROVIDED TO YOU UNDER FLORIDA LAW. 210 This physician performs one or more stem cell 211 therapies that have not yet been approved by the 212 United States Food and Drug Administration. You are 213 encouraged to consult with your primary care provider 214 before undergoing any stem cell therapy. 215 216 (b) The notice required by paragraph (a) must be clearly 217 legible and in a type size no smaller than the largest type size 218 used in the advertisement. 219 (6)(a) A physician who conducts stem cell therapy pursuant 220 to this section shall obtain a signed consent form from the 221 patient before performing the stem cell therapy. 222 (b) The consent form must be signed by the patient or, if 223 the patient is not legally competent, the patient’s 224 representative and must state all of the following in language 225 the patient or his or her representative could reasonably be 226 expected to understand: 227 1. The nature and character of the proposed treatment. 228 2. That the proposed stem cell therapy has not yet been 229 approved by the United States Food and Drug Administration. 230 3. The anticipated results of the proposed treatment. 231 4. The recognized serious possible risks, complications, 232 and anticipated benefits involved in the treatment and in the 233 recognized possible alternative forms of treatment, including 234 nontreatment. 235 236 ================= T I T L E A M E N D M E N T ================ 237 And the title is amended as follows: 238 Delete lines 12 - 16 239 and insert: 240 include a specified notice in any form of 241 advertisement; providing requirements for such notice; 242 requiring physicians to obtain a signed consent form 243 from the patient or his or her