Florida Senate - 2020                                     SB 512
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00555-20                                             2020512__
    1                        A bill to be entitled                      
    2         An act relating to nonembryonic stem cells; creating
    3         s. 381.4017, F.S.; providing legislative findings and
    4         intent; providing definitions; authorizing the
    5         administration of nonembryonic stem cells and the use
    6         of such cells in health care products; authorizing the
    7         ownership and operation of a pharmacy in the state
    8         which compounds a drug, medicine, or health care
    9         product using nonembryonic stem cells; authorizing the
   10         importation of any sterile compound, drug, or other
   11         treatment containing nonembryonic stem cells under
   12         certain circumstances; authorizing certain licensed
   13         persons to administer or assist in the administration
   14         of such compounds, drugs, or other treatment;
   15         authorizing the operation of stem cell banks in the
   16         state; requiring a stem cell bank to register with the
   17         Department of Health; providing requirements for a
   18         department-approved registration form; requiring a
   19         stem cell bank to notify the department of any changes
   20         in information within a specified time period;
   21         requiring a stem cell bank to obtain or otherwise
   22         carry professional liability insurance; providing that
   23         a professional licensing board is not limited in its
   24         duties; providing liability for persons who fail to
   25         use reasonable care; requiring that the department
   26         adopt by rule standards developed by an independent
   27         third party; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 381.4017, Florida Statutes, is created
   32  to read:
   33         381.4017Nonembryonic stem cells; stem cell bank
   34  registration.—
   35         (1)The Legislature finds that access to safe and high
   36  quality health care services and products is of concern to all
   37  persons and regenerative medicine, including the use of
   38  nonembryonic stem cells, is a promising area of health care. It
   39  is the intent of the Legislature to encourage and facilitate the
   40  safety of all health care services and products.
   41         (2)As used in this section, the term:
   42         (a)“Allogeneic” means originating from the body of another
   43  person.
   44         (b)“Autologous” means originating from within a person’s
   45  own body.
   46         (c)“Department” means the Department of Health.
   47         (d)“Independent third party” means an organization:
   48         1.That provides industry safety standards, relevant
   49  research, and an industry-specific database in association with
   50  one or more stem cell banks; and
   51         2.Whose members are registered with the department.
   52         (e)“Nonembryonic stem cells” means autologous or
   53  allogeneic cellular material that:
   54         1.Has not been isolated or obtained directly from human
   55  embryos; and
   56         2.May have been or may be combined with one or more:
   57         a.Naturally occurring biomaterials; or
   58         b.Materials approved or cleared by the United States Food
   59  and Drug Administration or other applicable agency or authority.
   60         (f)“Stem cell bank” means a facility that stores
   61  nonembryonic stem cells.
   62         (3)Nonembryonic stem cells may be administered to a person
   63  by:
   64         (a)Himself or herself; or
   65         (b)A person licensed or authorized in this state to
   66  administer or assist in the administration of medicine or health
   67  care if such person administers or assists in the administration
   68  of the nonembryonic stem cells using a mode of administration
   69  permitted under his or her license or authorization.
   70         (4)A health care product may be compounded using
   71  nonembryonic stem cells as a sterile ingredient either by
   72  themselves or in combination with other sterile ingredients. A
   73  pharmacy that compounds a drug, medicine, or health care product
   74  using nonembryonic stem cells may be owned or operated, or both,
   75  in this state.
   76         (5)(a)A person may import into this state any sterile
   77  compound, drug, or other treatment containing nonembryonic stem
   78  cells if such compound, drug, or other treatment:
   79         1.Was obtained without violating the laws of the
   80  jurisdiction in which it was obtained; and
   81         2.Is for personal use.
   82         (b)A person licensed or authorized in this state to
   83  administer or assist in the administration of medicine or health
   84  care may administer or assist in the administration of the
   85  imported sterile compound, drug, or other treatment containing
   86  nonembryonic stem cells if such person administers or assists in
   87  the administration of such compound, drug, or other treatment
   88  using a mode of administration permitted under his or her
   89  license or authorization.
   90         (6)(a)Notwithstanding any other provision of law, a stem
   91  cell bank may operate in this state.
   92         (b)Before organizing or arranging for the operation of a
   93  stem cell bank in this state, a stem cell bank must register
   94  with the department by submitting a department-approved
   95  registration form that contains:
   96         1.The name, street address, and telephone number of the
   97  stem cell bank.
   98         2.The name, street address, and telephone number of each
   99  officer, director, or organizational official of the stem cell
  100  bank who is responsible for the operation of the stem cell bank.
  101         3.Identification of the types of human tissue used in
  102  business or research at the stem cell bank.
  103         4.Identification of the product names produced at the stem
  104  cell bank for distribution.
  105         5.Any other information required for registration by the
  106  department.
  107         (c)Each stem cell bank shall notify the department in
  108  writing of any change in the information required for
  109  registration not later than 10 days after such change goes into
  110  effect.
  111         (d)Each stem cell bank that operates in this state must
  112  obtain or otherwise carry, before engaging in such business, a
  113  policy of professional liability insurance that insures the stem
  114  cell bank against any liability arising from the operation of
  115  such business.
  116         (7)This section does not absolve:
  117         (a)A professional licensing board of the duty to regulate
  118  licenses or otherwise prohibit or limit the powers and duties of
  119  a licensing board to regulate the procedures used to administer
  120  nonembryonic stem cells.
  121         (b)Any person of civil or criminal liability or penalty
  122  for failure to use the reasonable care, skill, or knowledge
  123  ordinarily used in rendering health care services or
  124  administering health care products under similar circumstances.
  125         (8)The department shall adopt by rule standards developed
  126  by an independent third party to ensure public safety and to
  127  implement this section.
  128         Section 2. This act shall take effect July 1, 2020.