Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 512
       
       
       
       
       
       
                                Ì611058)Î611058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2020           .                                
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       The Committee on Rules (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.06017, Florida Statutes, is created
    6  to read:
    7         381.06017Nonembryonic stem cell banks; collecting,
    8  manufacturing, storing, dispensing, and using adult human
    9  nonembryonic stem cells and HCT/Ps.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a)“Adult human nonembryonic stem cells” means cells that
   12  are derived from adult human nonembryonic HCT/Ps through
   13  enzymatic digestion, mechanical disruption, or similar
   14  processing. The term includes only drugs, devices, or biological
   15  products that are approved by the United States Food and Drug
   16  Administration and are regulated by the FD&C Act, s. 351 of the
   17  PHS Act, or part I of chapter 499.
   18         (b)“Agency” means the Agency for Health Care
   19  Administration.
   20         (c)“Allogenic use” means the collection of human cells or
   21  tissue from one person and the implantation, transplantation,
   22  infusion, or transfer of those human cells or tissue into
   23  another person.
   24         (d)“Autologous use” means the implantation,
   25  transplantation, infusion, or transfer of human cells or tissue
   26  back into the individual from which they were collected.
   27         (e)“Dispense” has the same meaning as in s. 465.003(6).
   28         (f)“Establishment” means a place of business which is at
   29  one general physical location and may extend to one or more
   30  contiguous suites, units, floors, or buildings operated and
   31  controlled exclusively by entities under common operation and
   32  control. The term includes multiple buildings with an
   33  intervening thoroughfare if the buildings are under common
   34  exclusive ownership, operation, and control. For purposes of
   35  permitting, each suite, unit, floor, or building must be
   36  identified in the most recent permit application.
   37         (g)“FD&C Act” means the Federal Food, Drug, and Cosmetic
   38  Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
   39         (h)”HCT/Ps“ means human cells, tissues, or cellular or
   40  tissue-based products that are intended for implantation,
   41  transplantation, infusion, or transfer into a human recipient.
   42  The term does not include any of the following:
   43         1.Vascularized human organs for transplantation.
   44         2.Whole blood, blood components, blood derivative
   45  products, or platelet-rich plasma that are exempt under 21 C.F.R
   46  607.65.
   47         3.Human secretions, including milk, collagen, and cell
   48  factors, but not semen.
   49         4.Minimally manipulated bone marrow that is for homologous
   50  use only and that is not combined with any other article except
   51  water, crystalloids, or sterilizing, preserving, or storage
   52  agents.
   53         5.Ancillary products used in the manufacture of
   54  nonembryonic adult human allogenic or autologous HCT/Ps.
   55         6.Cells, tissue, or organs derived from animals.
   56         7.In vitro diagnostic products.
   57         8.Blood vessels recovered with an organ for
   58  transplantation.
   59         (i)“Homologous use” means the repair, reconstruction, or
   60  supplementation of a recipient’s cells or tissues with adult
   61  human nonembryonic stem cells or adult human nonembryonic HCT/Ps
   62  that perform the same basic function or functions in the
   63  recipient as in the donor.
   64         (j)“Manufacture” means the preparing, deriving,
   65  compounding, propagation, processing, producing, or fabricating
   66  of any drug, device, or cosmetic.
   67         (k)“Minimally manipulated” means:
   68         1.a.For structural tissues, processing that does not alter
   69  the original characteristics of the tissue which relate to the
   70  tissue’s utility for reconstruction, repair, or replacement; or
   71         b.For cells or nonstructural tissues, processing that does
   72  not alter the relevant biological characteristics of the cells
   73  or tissues.
   74         2.The washing, rinsing, cleaning, sizing, shaping, or
   75  concentrating of adult human nonembryonic HCT/Ps which does not
   76  alter the relevant characteristics or basic functions of the
   77  tissue or cell.
   78         (l)“Nonembryonic stem cell bank” means a publicly or
   79  privately owned establishment that operates its own
   80  laboratories, retains control over all aspects of processing and
   81  storage, is managed by a single entity, and performs any of the
   82  following activities in the course of its business:
   83         1.Engages in the manufacture, use, implantation,
   84  transplantation, infusion, dispensing, transfer, or storage of
   85  adult human allogenic and autologous nonembryonic stem cells.
   86         2.Accepts, receives, carries, or delivers human allogenic
   87  and autologous nonembryonic stem cells, drugs, or products that
   88  are approved by United States Food and Drug Administration and
   89  regulated as drugs, devices, or biological products by the FD&C
   90  Act, s. 251 of the PHS Act, or part I of chapter 499.
   91         3.Recovers, collects, screens, and tests, in the facility,
   92  adult human autologous nonembryonic HCT/Ps from a specific
   93  patient for implantation, transplantation, infusion, or transfer
   94  back into the same patient during a single surgery within the
   95  facility.
   96         4.Provides patient-specific health care services using
   97  adult human autologous nonembryonic HCT/Ps in the facility
   98  during a single procedure.
   99         5.Advertises adult human nonembryonic stem cell services
  100  or adult human autologous nonembryonic HCT/P services,
  101  including, but not limited to, the collection, manufacture
  102  implantation, transplantation, infusion, transfer, storage,
  103  dispensing, use, or purported use of United States Food and Drug
  104  Administration-approved adult human autologous nonembryonic stem
  105  cells or adult human autologous nonembryonic HCT/Ps that are
  106  intended to diagnose, cure, mitigate, treat, provide therapy
  107  for, or prevent an injury or a disease.
  108         6. Performs any procedure that is intended to:
  109         a.Collect or store adult human autologous nonembryonic
  110  HCT/Ps for autonomous homologous use; or
  111         b.Diagnose, cure, mitigate, treat, provide therapy for, or
  112  prevent an injury or a disease through the use or purported use
  113  of adult human autologous nonembryonic HCT/Ps.
  114         7.Compounds patient-specific adult human autologous
  115  nonembryonic HCT/Ps into a drug product by combining or mixing
  116  the patient-specific adult human nonembryonic HCT/Ps, at the
  117  prescriptive direction of a licensed physician authorized within
  118  the scope of his or her license to prescribe and administer
  119  adult human autologous nonembryonic HTC/Ps with one or more
  120  drugs or products to create a patient-specific drug or product.
  121         8.Dispenses adult human autologous nonembryonic stem cells
  122  or HTC/Ps to any of the following for a specific patient
  123  pursuant to a valid order from a licensed physician authorized
  124  within the scope of his or her license to prescribe and
  125  administer adult human autologous nonembryonic HTC/Ps:
  126         a.The specific patient’s physician with privileges to
  127  practice at the nonembryonic stem cell bank.
  128         b.For office use, the specific patient’s physician’s
  129  office or a health care facility or treatment setting where the
  130  physician has privileges to administer adult human autologous
  131  nonembryonic HTC/Ps.
  132         (l)“Office use” includes the provision and administration
  133  of any United States Food and Drug Administration-approved adult
  134  human nonembryonic stem cell drug, compounded drug, or
  135  compounded product regulated as a drug, device, or any
  136  biological product under the FD&C Act, the PHS Act, 42 U.S.C.
  137  262, s. 351, or part I of chapter 499, to a patient’s physician
  138  in the physician’s office or in a health care facility or
  139  treatment setting, including a hospital, an ambulatory surgical
  140  center, or a health care clinic licensed under chapter 395 or
  141  chapter 400. The term also includes the patient-specific
  142  dispensing, provision, or administration of the patient’s adult
  143  human autologous nonembryonic HTC/Ps.
  144         (m)“PHS Act” means the Public Health and Safety Act, 42
  145  U.S.C. ss. 262 et seq., and applicable regulations, including 21
  146  C.F.R. part 1271.
  147         (n)“Physician” means a person who is licensed to practice
  148  medicine under chapter 458 or osteopathic medicine under chapter
  149  459.
  150         (2) DUTIES AND REGISTRATION.—
  151         (a)Establishments that manufacture adult human
  152  nonembryonic HTC/Ps are regulated by s. 361 of the PHS Act and
  153  part I of chapter 499. Such establishments must register with
  154  and submit a list of all HCT/Ps manufactured to the Food and
  155  Drug Administration and obtain a permit from the Department of
  156  Business and Professional Regulation if the HCT/P manufactured
  157  is:
  158         1.Minimally manipulated;
  159         2.Intended only for homologous use;
  160         3.Manufactured through a process that does not involve the
  161  combination of the cells or tissue with another article, except
  162  water, crystalloids, or a sterilizing, preserving, or storing
  163  agent; and
  164         4.For an adult human nonembryonic HCT/P, either:
  165         a.Does not have a systemic effect and is not dependent
  166  upon the metabolic activity of living cells for their primary
  167  function; or
  168         b.Has a systemic effect or is dependent upon the metabolic
  169  activity of living cells for its primary function and is for
  170  autologous use or for allogenic use in a first-degree or second
  171  degree blood relative.
  172         (b)Establishments that manufacture adult human
  173  nonembryonic HCT/Ps that do not meet the criteria described in
  174  paragraph (a) are exempt from the registration and listing
  175  requirements of s. 361 of the PHS Act, but must obtain a permit
  176  from and submit a list of all HTC/Ps manufactured to the
  177  Department of Business and Professional Regulation if the
  178  establishment:
  179         1.Uses the adult human nonembryonic HTC/Ps for
  180  nonmedicinal scientific purposes; or
  181         2.Removes human adult nonembryonic HCT/Ps from a patient
  182  and implants the same HCT/Ps into the same patient during the
  183  same surgical procedure with only minimal manipulation of the
  184  HCT/Ps which does not alter the original relevant biological
  185  characteristics of the cells or tissues.
  186         (c)A nonembryonic stem cell bank that manufactures adult
  187  human nonembryonic HCT/Ps may not more than minimally
  188  manipulate, through enzymatic digestion, mechanical disruption,
  189  or similar processing, any adult human nonembryonic stem cell or
  190  HCT/P to alter the HCT/P’s original structural characteristics
  191  or relevant biological characteristics or to isolate
  192  differentiated cells from undifferentiated cells that have lost
  193  their original structural function, so that the undifferentiated
  194  cells can be differentiated into a specialized cell type, unless
  195  the nonembryonic stem cell bank has first registered the HCT/P
  196  with the United States Food and Drug Administration and the
  197  Department of Business and Professional Regulation as a drug,
  198  device, or biological product manufacturer and complies with all
  199  applicable regulations under the FD&C Act, s. 351 of the PHS
  200  Act, 21 C.F.R. parts 1-1299, and part I of chapter 499.
  201         (d)A nonembryonic stem cell bank that advertises,
  202  collects, stores, manufactures, dispenses, compounds, uses, or
  203  purports to use adult human nonembryonic stem cells or adult
  204  human autologous nonembryonic HCT/Ps is deemed a clinic as
  205  defined in s. 400.9905 and must comply with all of the following
  206  requirements:
  207         1.Adhere to the applicable current good manufacturing
  208  practices for the collecting, removing, manufacturing,
  209  processing, using, compounding, and implanting of adult human
  210  nonembryonic stem cells or products containing adult human
  211  nonembryonic stem cells pursuant to the FD&C Act, the PHS Act,
  212  21 C.F.R., parts 1270-1271, and part I of chapter 499.
  213         2.Adhere to the applicable current good manufacturing
  214  practices for the collecting, removing, manufacturing,
  215  processing, using, compounding, and implanting of adult human
  216  autologous nonembryonic HCT/Ps so that it does not alter the
  217  relevant tissue or cellular characteristics or basic functions.
  218         3.Obtain a health care clinic license from the agency
  219  pursuant to s. 400.991 and part II of chapter 408 and register
  220  each establishment separately, unless:
  221         a. The clinic is a facility licensed under chapter 395; or
  222         b. The clinic is affiliated with an accredited medical
  223  school that provides training to medical students, residents, or
  224  fellows.
  225         4.Have a physician medical director who is responsible for
  226  the establishment’s compliance with all requirements related to
  227  licensure, operation of a nonembryonic stem cell bank, and
  228  current good manufacturing practices under this section, part X
  229  of chapter 400, and the FD&C Act, the PHS Act, 21 C.F.R. parts
  230  1-1299, and part I of chapter 499.
  231         5.Notify the agency, in writing, on a form approved by the
  232  agency, within 10 days after termination of a physician medical
  233  director and notify the agency within 10 days after such
  234  termination of the identity of the physician medical director
  235  who has assumed responsibility for that nonembryonic stem cell
  236  bank. Failure to have a physician medical director practicing at
  237  the location of the licensed nonembryonic stem cell bank is the
  238  basis for a summary suspension of the nonembryonic stem cell
  239  bank’s license pursuant to s. 120.60(6) or s. 400.607.
  240         6.Require a physician medical director with a full,
  241  active, and unencumbered license to actively practice at the
  242  nonembryonic stem cell bank location for which he or she has
  243  assumed responsibility.
  244         7.Maintain commercial and professional liability insurance
  245  in an amount not less than $250,000 per claim.
  246         8.Operate each establishment using the same name as the
  247  one used to obtain the health care clinic license from the
  248  agency. All invoices, packing slips, and other business records
  249  must list the same name.
  250         9.Obtain a pharmacy permit for each person and
  251  establishment before dispensing, offering office use of, or
  252  compounding adult human nonembryonic stem cells with any other
  253  drug, compound, or product.
  254         (3)DISPENSING OF DRUGS OR COMPOUNDED DRUGS OR PRODUCTS.—
  255         (a)A pharmacist at a nonembryonic stem cell bank that is
  256  also permitted as a pharmacy under chapter 465 may dispense for
  257  office use only any of the following to a stem cell bank within
  258  this state:
  259         1.Adult human nonembryonic stem cells.
  260         2.A compounded drug containing adult human nonembryonic
  261  stem cells.
  262         3.A compounded product containing adult human nonembryonic
  263  stem cells.
  264         (b)Adult human nonembryonic stem cells, compounded drugs
  265  containing adult human nonembryonic stem cells, or products
  266  containing adult human nonembryonic stem cells may not be sold
  267  or dispensed by any person or establishment other than the adult
  268  human nonembryonic stem cell bank or a pharmacist at the
  269  nonembryonic stem cell bank that dispenses or receives the adult
  270  human nonembryonic stem cells or the compounded drug or product
  271  containing adult human nonembryonic stem cells, except that:
  272         1.A physician who requests the dispensing of adult human
  273  nonembryonic stem cells, a compounded drug, or a compounded
  274  product from the manufacturing nonembryonic stem cell bank may
  275  administer such items to his or her patient if the physician is
  276  authorized within the scope of his or her license to prescribe
  277  and administer adult human nonembryonic stem cells; or
  278         2.A pharmacist, a pharmacy, or an establishment that
  279  receives or carries adult human nonembryonic stem cells, a
  280  compounded drug, or a compounded product that was manufactured
  281  by a nonembryonic stem cell bank may sell or dispense such items
  282  to a physician who is authorized within the scope of his or her
  283  license to prescribe and administer adult human nonembryonic
  284  stem cells to patients.
  285         (4) HEALTH CARE PRACTITIONER RESPONSIBILITIES.—
  286         (a) A physician, an advanced practice registered nurse
  287  licensed under chapter 464, or a physician assistant licensed
  288  under chapter 458 or chapter 459 may not practice in a
  289  nonembryonic stem cell bank that is not licensed with the agency
  290  as required by the rules adopted pursuant to s. 400.9925. The
  291  license of a health care practitioner who violates this
  292  paragraph is subject to disciplinary action by the appropriate
  293  regulatory board.
  294         (b) In the performance of any procedure collecting,
  295  storing, using, or purporting to use adult human nonembryonic
  296  stem cells or products containing adult human nonembryonic stem
  297  cells, a health care practitioner must adhere to the applicable
  298  current good manufacturing practices for the collecting,
  299  removing, manufacturing, processing, using, compounding, and
  300  implanting of stem cells or products containing stem cells
  301  pursuant to the FD&C Act, 21 C.F.R., parts 1270-1271, the PHS
  302  Act, and part I of chapter 499.
  303         (5) RULEMAKING.—The agency, in consultation with the
  304  Department of Health and the Department of Business and
  305  Professional Regulation, shall adopt rules necessary to
  306  administer the licensure, inspection, and regulation of
  307  nonembryonic stem cell banks, including, but not limited to,
  308  rules regarding all of the following which must be consistent
  309  with the best practices specified in the FD&C Act, 21 C.F.R.
  310  parts 1270-1271, the PHS Act, and part I of chapter 499:
  311         (a)Advertising.
  312         (b)Nonembryonic stem cell bank procedures and protocols
  313  for the collecting, removing, manufacturing, storing,
  314  dispensing, and using of adult human nonembryonic stem cells,
  315  other drugs containing adult human nonembryonic stem cells, and
  316  products containing adult human nonembryonic stem cells, in
  317  accordance with applicable current best practices.
  318         (c)Adverse incident reporting.
  319         (d)Informed consent.
  320         (e)Recordkeeping, record retention, and availability of
  321  records for inspection.
  322         Section 2. This act shall take effect July 1, 2020.
  323  
  324  ================= T I T L E  A M E N D M E N T ================
  325  And the title is amended as follows:
  326         Delete everything before the enacting clause
  327  and insert:
  328                        A bill to be entitled                      
  329         An act relating to nonembryonic stem cell banks;
  330         creating s. 381.06017, F.S.; defining terms; providing
  331         registration requirements for certain establishments;
  332         prohibiting a nonembryonic stem cell bank from more
  333         than minimally manipulating adult human nonembryonic
  334         stem cells or HCT/Ps under certain circumstances;
  335         providing that a nonembryonic stem cell bank that
  336         performs certain functions is deemed a clinic;
  337         requiring such nonembryonic stem cell banks to comply
  338         with specified requirements; prohibiting an entity
  339         other than certain nonembryonic stem cell banks and
  340         pharmacists from dispensing certain compounded drugs
  341         or products, with exceptions; prohibiting certain
  342         health care practitioners from practicing in a
  343         nonembryonic stem cell bank that is not licensed with
  344         the agency; providing for disciplinary action;
  345         requiring health care practitioners to adhere to
  346         specified regulations in the performance of certain
  347         procedures; requiring the Agency, in consultation with
  348         the Department of Health and the Department of
  349         Business and Professional Regulation, to adopt
  350         specified rules; providing an effective date.