Florida Senate - 2025                      CS for CS for SB 1768
       
       
        
       By the Committees on Rules; and Health Policy; and Senator
       Trumbull
       
       
       
       
       595-03688-25                                          20251768c2
    1                        A bill to be entitled                      
    2         An act relating to stem cell therapy; creating ss.
    3         458.3245 and 459.0127, F.S.; providing legislative
    4         findings and intent; defining terms; authorizing
    5         physicians to perform stem cell therapy not approved
    6         by the United States Food and Drug Administration
    7         under certain circumstances; specifying requirements
    8         for the stem cells that may be used by such
    9         physicians; requiring such physicians to adhere to
   10         applicable current good manufacturing practices in the
   11         performance of such therapies; requiring physicians to
   12         include a specified notice in any form of
   13         advertisement; providing requirements for such notice;
   14         requiring physicians to obtain a signed consent form
   15         from the patient or his or her representative before
   16         performing the therapy; specifying requirements for
   17         the consent form; providing applicability; providing
   18         for disciplinary action; requiring the Board of
   19         Medicine and the Board of Osteopathic Medicine,
   20         respectively, to adopt rules in consultation with one
   21         another; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 458.3245, Florida Statutes, is created
   26  to read:
   27         458.3245Stem cell therapy.—
   28         (1) The Legislature recognizes the significant potential of
   29  stem cell therapies in advancing medical treatments and
   30  improving patient outcomes and further recognizes the need to
   31  ensure that such therapies are provided using stem cells
   32  obtained in an ethical manner that does not involve stem cells
   33  derived from aborted fetuses. It is the intent of the
   34  Legislature to foster medical innovation while upholding ethical
   35  standards that respect the sanctity of life. By encouraging the
   36  use of stem cell sources such as adult stem cells, umbilical
   37  cord blood, and other ethically obtained human cells, tissues,
   38  or cellular or tissue-based products, the state will advance
   39  regenerative medicine in a manner consistent with the values of
   40  this state.
   41         (2) As used in this section, the term:
   42         (a) “Human cells, tissues, or cellular or tissue-based
   43  products” means articles containing or consisting of human cells
   44  or tissues collected from cord blood donors who are residents of
   45  the United States which are intended for implantation,
   46  transplantation, infusion, or transfer into a human recipient,
   47  including, but not limited to, bones, ligaments, skin, dura
   48  mater, heart valves, corneas, hematopoietic stem or progenitor
   49  cells derived from peripheral and cord blood, manipulated
   50  autologous chondrocytes, epithelial cells on a synthetic matrix,
   51  and semen or other reproductive tissue. The term does not
   52  include any of the following:
   53         1.Vascularized human organs for transplantation.
   54         2.Whole blood or blood components or blood derivative
   55  products subject to regulation under part I of chapter 499.
   56         3.Secreted or extracted human products, such as milk,
   57  collagen, and cell factors; except that semen is considered a
   58  human cell, tissue, or cellular or tissue-based product for
   59  purposes of this paragraph.
   60         4.Minimally manipulated bone marrow for homologous use and
   61  not combined with another article, except for with water,
   62  crystalloids, or a sterilizing, preserving, or storage agent, if
   63  the addition of the agent does not raise new clinical safety
   64  concerns with respect to the bone marrow.
   65         5.Ancillary products used in the manufacture of human
   66  cells, tissues, or cellular or tissue-based products.
   67         6.Cells, tissues, and organs derived from animals other
   68  than humans.
   69         7.In vitro diagnostic products.
   70         8.Blood vessels recovered with an organ, as defined in 42
   71  C.F.R. s. 121.2, which are intended for use in organ
   72  transplantation and labeled, “For use in organ transplantation
   73  only.
   74         9.Fetal-derived stem cells.
   75         10.Adipose-derived mesenchymal stem cells for
   76  transplantation.
   77         (b) “Minimally manipulated” means:
   78         1.For structural tissue, processing that does not alter
   79  the original relevant characteristics of the tissue relating to
   80  the tissue’s utility for reconstruction, repair, or replacement.
   81         2.For cells or nonstructural tissues, processing that does
   82  not alter the relevant biological characteristics of cells or
   83  tissues.
   84         (c) Physicianmeans a physician licensed under this
   85  chapter or under chapter 459 acting in the course and scope of
   86  his or her employment.
   87         (d) “Stem cell therapy” means a treatment involving the use
   88  of human cells, tissues, or cellular or tissue-based products
   89  which complies with the regulatory and reporting requirements
   90  provided in this section. The term does not include treatment or
   91  research using human cells or tissues that were derived from a
   92  fetus or an embryo after an abortion.
   93         (3)(a)A physician may perform stem cell therapy that is
   94  not approved by the United States Food and Drug Administration
   95  if such therapy is used for treatment or procedures that are
   96  within the scope of practice for such physician and the
   97  therapies are related to orthopedics, wound care, or pain
   98  management.
   99         (b)To ensure that the retrieval, manufacture, storage, and
  100  use of stem cells used for therapies conducted under this
  101  section meet the highest standards, any stem cells used by a
  102  physician for therapy provided under this section must:
  103         1.Be manufactured in a clean room space that has been
  104  certified by the United States Food and Drug Administration for
  105  using high-efficiency particulate air filtration or ultra-low
  106  penetration air filtration to minimize nonviable and viable
  107  particulate contamination;
  108         2.Be retrieved, manufactured, and stored in a facility
  109  that is registered and regulated by the United States Food and
  110  Drug Administration and licensed or registered with one of the
  111  following entities:
  112         a.National Marrow Donor Program.
  113         b.World Marrow Donor Association.
  114         c.Association for the Advancement of Blood and
  115  Biotherapies.
  116         d.American Association of Tissue Banks; and
  117         3.Contain viable or live cells upon post-thaw analysis and
  118  be included in a post-thaw viability analysis report for the
  119  product lot which will be sent to the physician before use with
  120  the physician’s patient.
  121         (4) In the performance of any procedure using or purporting
  122  to use stem cells or products containing stem cells, the
  123  physician shall adhere to the applicable current good
  124  manufacturing practices for the collection, removal, processing,
  125  implantation, and transfer of stem cells, or products containing
  126  stem cells, pursuant to the Federal Food, Drug, and Cosmetic
  127  Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.; and 21
  128  C.F.R. part 1271, Human Cells, Tissues, and Cellular and Tissue
  129  Based Products.
  130         (5)(a) A physician who conducts stem cell therapy pursuant
  131  to this section shall include the following notice in any form
  132  of advertisement:
  133  
  134         THIS NOTICE MUST BE PROVIDED TO YOU UNDER FLORIDA LAW.
  135         This physician performs one or more stem cell
  136         therapies that have not yet been approved by the
  137         United States Food and Drug Administration. You are
  138         encouraged to consult with your primary care provider
  139         before undergoing any stem cell therapy.
  140  
  141         (b)The notice required by paragraph (a) must be clearly
  142  legible and in a type size no smaller than the largest type size
  143  used in the advertisement.
  144         (6)(a)A physician who conducts stem cell therapy pursuant
  145  to this section shall obtain a signed consent form from the
  146  patient before performing the stem cell therapy.
  147         (b)The consent form must be signed by the patient or, if
  148  the patient is not legally competent, the patient’s
  149  representative and must state all of the following in language
  150  the patient or his or her representative could reasonably be
  151  expected to understand:
  152         1.The nature and character of the proposed treatment.
  153         2.That the proposed stem cell therapy has not yet been
  154  approved by the United States Food and Drug Administration.
  155         3.The anticipated results of the proposed treatment.
  156         4.The recognized serious possible risks, complications,
  157  and anticipated benefits involved in the treatment and in the
  158  recognized possible alternative forms of treatment, including
  159  nontreatment.
  160         5.That the patient is encouraged to consult with his or
  161  her primary care provider before undergoing any stem cell
  162  therapy.
  163         (7)This section does not apply to either of the following:
  164         (a) A physician who has obtained approval for an
  165  investigational new drug or device from the United States Food
  166  and Drug Administration for the use of human cells, tissues, or
  167  cellular or tissue-based products.
  168         (b) A physician who performs stem cell therapy under an
  169  employment or other contract on behalf of an institution
  170  certified by any of the following:
  171         1.The Foundation for the Accreditation of Cellular
  172  Therapy.
  173         2.The Blood and Marrow Transplant Clinical Trials Network.
  174         3.The Association for the Advancement of Blood and
  175  Biotherapies.
  176         4.An entity with expertise in stem cell therapy as
  177  determined by the department.
  178         (8)A violation of this section may subject the physician
  179  to disciplinary action by the board or the department.
  180         (9) The Board of Medicine shall adopt rules in consultation
  181  with the Board of Osteopathic Medicine to implement this
  182  section.
  183         Section 2. Section 459.0127, Florida Statutes, is created
  184  to read:
  185         459.0127 Stem cell therapy.
  186         (1) The Legislature recognizes the significant potential of
  187  stem cell therapies in advancing medical treatments and
  188  improving patient outcomes and further recognizes the need to
  189  ensure that such therapies are provided using stem cells
  190  obtained in an ethical manner that does not involve stem cells
  191  derived from aborted fetuses. It is the intent of the
  192  Legislature to foster medical innovation while upholding ethical
  193  standards that respect the sanctity of life. By encouraging the
  194  use of stem cell sources such as adult stem cells, umbilical
  195  cord blood, and other ethically obtained human cells, tissues,
  196  or cellular or tissue-based products, the state will advance
  197  regenerative medicine in a manner consistent with the values of
  198  this state.
  199         (2) As used in this section, the term:
  200         (a) “Human cells, tissues, or cellular or tissue-based
  201  products” means articles containing or consisting of human cells
  202  or tissues collected from cord blood donors who are residents of
  203  the United States which are intended for implantation,
  204  transplantation, infusion, or transfer into a human recipient,
  205  including, but not limited to, bones, ligaments, skin, dura
  206  mater, heart valves, corneas, hematopoietic stem or progenitor
  207  cells derived from peripheral and cord blood, manipulated
  208  autologous chondrocytes, epithelial cells on a synthetic matrix,
  209  and semen or other reproductive tissue. The term does not
  210  include any of the following:
  211         1.Vascularized human organs for transplantation.
  212         2.Whole blood or blood components or blood derivative
  213  products subject to regulation under part I of chapter 499.
  214         3.Secreted or extracted human products, such as milk,
  215  collagen, and cell factors; except that semen is considered a
  216  human cell, tissue, or cellular or tissue-based product for
  217  purposes of this paragraph.
  218         4.Minimally manipulated bone marrow for homologous use and
  219  not combined with another article, except for with water,
  220  crystalloids, or a sterilizing, preserving, or storage agent, if
  221  the addition of the agent does not raise new clinical safety
  222  concerns with respect to the bone marrow.
  223         5.Ancillary products used in the manufacture of human
  224  cells, tissues, or cellular or tissue-based products.
  225         6.Cells, tissues, and organs derived from animals other
  226  than humans.
  227         7.In vitro diagnostic products.
  228         8.Blood vessels recovered with an organ, as defined in 42
  229  C.F.R. s. 121.2, which are intended for use in organ
  230  transplantation and labeled, “For use in organ transplantation
  231  only.
  232         9.Fetal-derived stem cells.
  233         10.Adipose-derived mesenchymal stem cells for
  234  transplantation.
  235         (b) “Minimally manipulated” means:
  236         1.For structural tissue, processing that does not alter
  237  the original relevant characteristics of the tissue relating to
  238  the tissue’s utility for reconstruction, repair, or replacement.
  239         2.For cells or nonstructural tissues, processing that does
  240  not alter the relevant biological characteristics of cells or
  241  tissues.
  242         (c) Physicianmeans a physician licensed under this
  243  chapter or under chapter 458 acting in the course and scope of
  244  his or her employment.
  245         (d) “Stem cell therapy” means a treatment involving the use
  246  of human cells, tissues, or cellular or tissue-based products
  247  which complies with the regulatory and reporting requirements
  248  provided in this section. The term does not include treatment or
  249  research using human cells or tissues that were derived from a
  250  fetus or an embryo after an abortion.
  251         (3)(a)A physician may perform stem cell therapy that is
  252  not approved by the United States Food and Drug Administration
  253  if such therapy is used for treatment or procedures that are
  254  within the scope of practice for such physician and the
  255  therapies are related to orthopedics, wound care, or pain
  256  management.
  257         (b)To ensure that the retrieval, manufacture, storage, and
  258  use of stem cells used for therapies conducted under this
  259  section meet the highest standards, any stem cells used by a
  260  physician for therapy provided under this section must:
  261         1.Be manufactured in a clean room space that has been
  262  certified by the United States Food and Drug Administration for
  263  using high-efficiency particulate air filtration or ultra-low
  264  penetration air filtration to minimize nonviable and viable
  265  particulate contamination;
  266         2.Be retrieved, manufactured, and stored in a facility
  267  that is registered and regulated by the United States Food and
  268  Drug Administration and licensed or registered with one of the
  269  following entities:
  270         a.National Marrow Donor Program.
  271         b.World Marrow Donor Association.
  272         c.Association for the Advancement of Blood and
  273  Biotherapies.
  274         d.American Association of Tissue Banks; and
  275         3.Contain viable or live cells upon post-thaw analysis and
  276  be included in a post-thaw viability analysis report for the
  277  product lot which will be sent to the physician before use with
  278  the physician’s patient.
  279         (4) In the performance of any procedure using or purporting
  280  to use stem cells or products containing stem cells, the
  281  physician shall adhere to the applicable current good
  282  manufacturing practices for the collection, removal, processing,
  283  implantation, and transfer of stem cells, or products containing
  284  stem cells, pursuant to the Federal Food, Drug, and Cosmetic
  285  Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.; and 21
  286  C.F.R. part 1271, Human Cells, Tissues, and Cellular and Tissue
  287  Based Products.
  288         (5)(a) A physician who conducts stem cell therapy pursuant
  289  to this section shall include the following notice in any form
  290  of advertisement:
  291  
  292         THIS NOTICE MUST BE PROVIDED TO YOU UNDER FLORIDA LAW.
  293         This physician performs one or more stem cell
  294         therapies that have not yet been approved by the
  295         United States Food and Drug Administration. You are
  296         encouraged to consult with your primary care provider
  297         before undergoing any stem cell therapy.
  298  
  299         (b)The notice required by paragraph (a) must be clearly
  300  legible and in a type size no smaller than the largest type size
  301  used in the advertisement.
  302         (6)(a)A physician who conducts stem cell therapy pursuant
  303  to this section shall obtain a signed consent form from the
  304  patient before performing the stem cell therapy.
  305         (b)The consent form must be signed by the patient or, if
  306  the patient is not legally competent, the patient’s
  307  representative and must state all of the following in language
  308  the patient or his or her representative could reasonably be
  309  expected to understand:
  310         1.The nature and character of the proposed treatment.
  311         2.That the proposed stem cell therapy has not yet been
  312  approved by the United States Food and Drug Administration.
  313         3.The anticipated results of the proposed treatment.
  314         4.The recognized serious possible risks, complications,
  315  and anticipated benefits involved in the treatment and in the
  316  recognized possible alternative forms of treatment, including
  317  nontreatment.
  318         (7) This section does not apply to either of the following:
  319         (a) A physician who has obtained approval for an
  320  investigational new drug or device from the United States Food
  321  and Drug Administration for the use of human cells, tissues, or
  322  cellular or tissue-based products.
  323         (b) A physician who performs a stem cell therapy under an
  324  employment or other contract on behalf of an institution
  325  certified by any of the following:
  326         1.The Foundation for the Accreditation of Cellular
  327  Therapy.
  328         2.The Blood and Marrow Transplant Clinical Trials Network.
  329         3.The Association for the Advancement of Blood and
  330  Biotherapies.
  331         4.An entity with expertise in stem cell therapy as
  332  determined by the department.
  333         (8) A violation of this section may subject the physician
  334  to disciplinary action under the rules that have been developed
  335  by the board or the department as applicable.
  336         (9) The Board of Osteopathic Medicine shall adopt rules in
  337  consultation with the Board of Medicine to implement this
  338  section.
  339         Section 3. This act shall take effect July 1, 2025.