Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1768
       
       
       
       
       
       
                                Ì642556:Î642556                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2025           .                                
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       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) Physicianmeans 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