CS for CS for CS for SB 512                      First Engrossed
       
       
       
       
       
       
       
       
       2020512e1
       
    1                        A bill to be entitled                      
    2         An act relating to nonembryonic stem cell banks;
    3         creating s. 381.06017, F.S.; defining terms; providing
    4         registration and permitting requirements for certain
    5         establishments; prohibiting a nonembryonic stem cell
    6         bank from performing certain processes on adult human
    7         nonembryonic stem cells or HCT/Ps under certain
    8         circumstances; providing that a nonembryonic stem cell
    9         bank that performs certain functions is deemed a
   10         clinic; requiring such nonembryonic stem cell banks to
   11         comply with specified requirements; prohibiting an
   12         entity other than certain nonembryonic stem cell banks
   13         and pharmacists from dispensing certain compounded
   14         drugs or products, with exceptions; prohibiting
   15         certain health care practitioners from practicing in a
   16         nonembryonic stem cell bank that is not licensed by
   17         the agency; providing for disciplinary action;
   18         requiring health care practitioners to adhere to
   19         specified regulations in the performance of certain
   20         procedures; requiring the Agency for Health Care
   21         Administration, in consultation with the Department of
   22         Health and the Department of Business and Professional
   23         Regulation, to adopt specified rules; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 381.06017, Florida Statutes, is created
   29  to read:
   30         381.06017Nonembryonic stem cell banks; collecting,
   31  manufacturing, storing, dispensing, concentrating, and using
   32  adult human nonembryonic stem cells and HCT/Ps.—
   33         (1) DEFINITIONS.—As used in this section, the term:
   34         (a) “Adult human nonembryonic stem cells” means cells and
   35  cellular material that are derived from autologous or allogeneic
   36  human tissue intended for implantation, transplantation,
   37  infusion, or transfer into a human recipient.
   38         (b) “Agency” means the Agency for Health Care
   39  Administration.
   40         (c) “Allogeneic use” means the collection of human cells or
   41  tissue from one person and the implantation, transplantation,
   42  infusion, or transfer of those human cells or tissue into
   43  another person.
   44         (d) “Autologous use” means the implantation,
   45  transplantation, infusion, or transfer of human cells or tissue
   46  back into the individual from which they were collected.
   47         (e) “Dispense” has the same meaning as in s. 465.003(6).
   48         (f) “Establishment” means a place of business that is at
   49  one general physical location and may extend to one or more
   50  contiguous suites, units, floors, or buildings operated and
   51  controlled exclusively by entities under common operation and
   52  control. The term includes multiple buildings with an
   53  intervening thoroughfare if the buildings are under common
   54  exclusive ownership, operation, and control. For purposes of
   55  permitting, each suite, unit, floor, or building must be
   56  identified in the most recent permit application.
   57         (g) “FD&C Act” means the Federal Food, Drug, and Cosmetic
   58  Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
   59         (h) “HCT/Ps” means human cells, tissues, or cellular or
   60  tissue-based products that are intended for implantation,
   61  transplantation, infusion, or transfer into a human recipient.
   62  This term includes adult human nonembryonic stem cells, but does
   63  not include any of the following:
   64         1. Vascularized human organs for transplantation.
   65         2. Whole blood, blood components, blood derivative
   66  products, or platelet-rich plasma that are exempt under 21
   67  C.F.R. s. 607.65.
   68         3. Human secretions, including milk, collagen, and cell
   69  factors, but not semen.
   70         4. Minimally manipulated bone marrow that is for homologous
   71  use only and that is not combined with any other article except
   72  water, crystalloids, or sterilizing, preserving, or storage
   73  agents.
   74         5. Ancillary products used in the manufacture of
   75  nonembryonic adult human allogeneic or autologous HCT/Ps.
   76         6. Cells, tissue, or organs derived from animals.
   77         7. In vitro diagnostic products.
   78         8. Blood vessels recovered with an organ for
   79  transplantation.
   80         (i) “Homologous use” means the repair, reconstruction, or
   81  supplementation of a recipient’s cells or tissues with adult
   82  human nonembryonic stem cells or adult human nonembryonic HCT/Ps
   83  that perform the same basic function or functions in the
   84  recipient as in the donor.
   85         (j) “Manufacture” means the preparing, deriving,
   86  compounding, propagating, processing, producing, or fabricating
   87  of any drug, device, or cosmetic.
   88         (k) “Minimally manipulated” means:
   89         1. For structural tissues, processing that does not alter
   90  the original relevant characteristics of the tissue which relate
   91  to the tissue’s utility for reconstruction, repair, or
   92  replacement.
   93         2. For cells or nonstructural tissues, processing that does
   94  not alter the relevant biological characteristics of the cells
   95  or tissues.
   96         3. The washing, rinsing, cleaning, sizing, shaping, or
   97  concentrating of adult human nonembryonic HCT/Ps which does not
   98  alter the relevant characteristics or basic functions of the
   99  tissue or cell.
  100         (l) “Nonembryonic stem cell bank” means a publicly or
  101  privately owned establishment that operates its own
  102  laboratories, retains control over all aspects of processing and
  103  storage, is managed by a single entity, and performs any of the
  104  following activities in the course of its business:
  105         1. Engages in the manufacture, use, implantation,
  106  transplantation, infusion, dispensing, transfer, or storage of
  107  adult human allogeneic and autologous nonembryonic stem cells.
  108         2. Accepts, receives, carries, or delivers human allogeneic
  109  and autologous nonembryonic stem cells, drugs, or products that
  110  are approved by United States Food and Drug Administration and
  111  regulated as drugs, devices, or biological products by the FD&C
  112  Act, s. 351 of the PHS Act, or part I of chapter 499.
  113         3. Recovers, collects, screens, and tests, in the facility,
  114  adult human autologous nonembryonic HCT/Ps from a specific
  115  patient for implantation, transplantation, infusion, or transfer
  116  back into the same patient during a single surgery within the
  117  facility.
  118         4. Provides patient-specific health care services using
  119  adult human autologous nonembryonic HCT/Ps in the facility
  120  during a single procedure.
  121         5. Advertises adult human nonembryonic stem cell services
  122  or adult human autologous nonembryonic HCT/P services,
  123  including, but not limited to, the collection, manufacture
  124  implantation, transplantation, infusion, transfer, storage,
  125  dispensing, use, or purported use of United States Food and Drug
  126  Administration-approved adult human autologous nonembryonic stem
  127  cells or adult human autologous nonembryonic HCT/Ps that are
  128  intended to diagnose, cure, mitigate, treat, provide therapy
  129  for, or prevent an injury or a disease.
  130         6. Performs any procedure that is intended to:
  131         a. Collect or store adult human autologous nonembryonic
  132  HCT/Ps for autonomous homologous use; or
  133         b. Diagnose, cure, mitigate, treat, provide therapy for, or
  134  prevent an injury or a disease through the use or purported use
  135  of adult human autologous nonembryonic HCT/Ps.
  136         7. Compounds patient-specific adult human autologous
  137  nonembryonic HCT/Ps into a drug product by combining or mixing
  138  the patient-specific adult human nonembryonic HCT/Ps, at the
  139  prescriptive direction of a licensed physician authorized within
  140  the scope of his or her license to prescribe and administer
  141  adult human autologous nonembryonic HCT/Ps with one or more
  142  drugs or products to create a patient-specific drug or product.
  143         8. Dispenses adult human autologous nonembryonic stem cells
  144  or HCT/Ps to any of the following for a specific patient
  145  pursuant to a valid order from a licensed physician authorized
  146  within the scope of his or her license to prescribe and
  147  administer adult human autologous nonembryonic HCT/Ps:
  148         a. The specific patient’s physician with privileges to
  149  practice at the nonembryonic stem cell bank.
  150         b. For office use, the specific patient’s physician’s
  151  office or a health care facility or treatment setting where the
  152  physician has privileges to administer adult human autologous
  153  nonembryonic HCT/Ps.
  154         (m) “Office use” includes the provision and administration
  155  of any United States Food and Drug Administration-approved adult
  156  human nonembryonic stem cell drug, compounded drug, or
  157  compounded product regulated as a drug, device, or any
  158  biological product under the FD&C Act, s. 351 of the PHS Act, or
  159  part I of chapter 499, to a patient’s physician in the
  160  physician’s office or in a health care facility or treatment
  161  setting, including a hospital, an ambulatory surgical center, or
  162  a health care clinic licensed under chapter 395 or chapter 400.
  163  The term also includes the patient-specific dispensing,
  164  provision, or administration of the patient’s adult human
  165  autologous nonembryonic HCT/Ps.
  166         (n) “PHS Act” means the Public Health and Safety Act, 42
  167  U.S.C. ss. 262 et seq., and applicable regulations, including 21
  168  C.F.R. parts 1270 and 1271.
  169         (o) “Physician” means a person who is licensed to practice
  170  medicine under chapter 458 or osteopathic medicine under chapter
  171  459.
  172         (2) DUTIES AND REGISTRATION.—
  173         (a) Establishments that manufacture adult human
  174  nonembryonic HCT/Ps are regulated by either s. 351 or s. 361 of
  175  the PHS Act and part I of chapter 499.
  176         (b) Establishments that are regulated by s. 361 of the PHS
  177  Act must register with and submit a list of all HCT/Ps
  178  manufactured to the Food and Drug Administration and obtain a
  179  permit from the Department of Business and Professional
  180  Regulation if the HCT/P manufactured:
  181         1. Is minimally manipulated;
  182         2. Is intended only for homologous use;
  183         3. Is manufactured through a process that does not involve
  184  the combination of the cells or tissue with another article,
  185  except water, crystalloids, or a sterilizing, preserving, or
  186  storing agent; and
  187         4. For an adult human nonembryonic HCT/P, either:
  188         a. Does not have a systemic effect and is not dependent
  189  upon the metabolic activity of living cells for their primary
  190  function; or
  191         b. Has a systemic effect or is dependent upon the metabolic
  192  activity of living cells for its primary function and is for
  193  autologous use or for allogeneic use in a first-degree or
  194  second-degree blood relative.
  195         (c) Establishments that are regulated by s. 351 of the PHS
  196  Act must obtain approval from the United States Food and Drug
  197  Administration in the form of an approved investigational new
  198  drug application or a biological license application and must
  199  obtain a prescription drug manufacturing permit pursuant to s.
  200  499.01(2)(a).
  201         (d) Establishments that manufacture adult human
  202  nonembryonic HCT/Ps that do not meet the criteria described in
  203  paragraph (a) are exempt from the registration and listing
  204  requirements of s. 361 of the PHS Act, but must obtain a permit
  205  from, and submit a list of all HCT/Ps manufactured to, the
  206  Department of Business and Professional Regulation if the
  207  establishment:
  208         1. Uses the adult human nonembryonic HCT/Ps for
  209  nonmedicinal scientific purposes; or
  210         2. Removes human adult nonembryonic HCT/Ps from a patient,
  211  through a surgical procedure performed by a physician on that
  212  patient, and implants the same HCT/Ps into the same patient
  213  during that same surgical procedure, with the HCT/Ps being only
  214  minimal manipulated through washing, rinsing, cleaning, sizing,
  215  shaping, or concentrating that does not alter the original
  216  structural or relevant biological characteristics of the cells
  217  or tissues.
  218         (e) A nonembryonic stem cell bank that manufactures adult
  219  human nonembryonic HCT/Ps may not perform enzymatic digestion on
  220  or mechanical disruption of or similarly process any adult human
  221  nonembryonic stem cell or HCT/P to alter the HCT/P’s original
  222  structural characteristics or relevant biological
  223  characteristics or to isolate differentiated cells from
  224  undifferentiated cells that have lost their original structural
  225  function, so that the undifferentiated cells can be
  226  differentiated into a specialized cell type, unless the
  227  nonembryonic stem cell bank has first registered the HCT/P with
  228  the United States Food and Drug Administration and registered
  229  with the Department of Business and Professional Regulation as a
  230  drug, device, or biological product manufacturer and complies
  231  with all applicable regulations under the FD&C Act, s. 351 of
  232  the PHS Act, 21 C.F.R. parts 1-1299, and part I of chapter 499.
  233         (f) A nonembryonic stem cell bank that advertises,
  234  collects, stores, manufactures, dispenses, compounds, uses, or
  235  purports to use adult human nonembryonic stem cells or adult
  236  human autologous nonembryonic HCT/Ps is deemed a clinic as
  237  defined in s. 400.9905 and must comply with all of the following
  238  requirements:
  239         1. Adhere to the applicable current good tissue practices
  240  for the collecting, removing, manufacturing, processing, using,
  241  concentrating, and implanting of adult human nonembryonic stem
  242  cells or products containing adult human nonembryonic stem cells
  243  pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and
  244  part I of chapter 499.
  245         2. Adhere to the applicable current good manufacturing
  246  practices for the collecting, removing, manufacturing,
  247  processing, using, concentrating, compounding, and implanting of
  248  adult human autologous nonembryonic HCT/Ps so that it does not
  249  alter the relevant tissue or cellular characteristics or basic
  250  functions.
  251         3. Obtain a health care clinic license from the agency
  252  pursuant to s. 400.991 and part II of chapter 408 and register
  253  each establishment separately, unless:
  254         a. The clinic is a facility licensed under chapter 395; or
  255         b. The clinic is affiliated with an accredited medical
  256  school that provides training to medical students, residents, or
  257  fellows.
  258         4. Have a physician medical director who is responsible for
  259  the establishment’s compliance with all requirements related to
  260  licensure, operation of a nonembryonic stem cell bank, and
  261  current good manufacturing practices under this section, part X
  262  of chapter 400, and the FD&C Act, the PHS Act, 21 C.F.R. parts
  263  1-1299, and part I of chapter 499.
  264         5. Notify the agency, in writing, on a form approved by the
  265  agency, within 10 days after termination of a physician medical
  266  director and notify the agency within 10 days after such
  267  termination of the identity of the physician medical director
  268  who has assumed responsibility for that nonembryonic stem cell
  269  bank. Failure to have a physician medical director practicing at
  270  the location of the licensed nonembryonic stem cell bank is the
  271  basis for a summary suspension of the nonembryonic stem cell
  272  bank’s license pursuant to s. 120.60(6) or s. 400.607.
  273         6. Require a physician medical director with a full,
  274  active, and unencumbered license to actively practice at the
  275  nonembryonic stem cell bank location for which he or she has
  276  assumed responsibility.
  277         7. Maintain commercial and professional liability insurance
  278  in an amount not less than $250,000 per claim.
  279         8. Operate each establishment using the same name as the
  280  one used to obtain the health care clinic license from the
  281  agency. All invoices, packing slips, and other business records
  282  must list the same name.
  283         9. Obtain a pharmacy permit for each person and
  284  establishment before dispensing, offering office use of, or
  285  compounding adult human nonembryonic stem cells with any other
  286  drug, compound, or product.
  287         (3) DISPENSING OF DRUGS OR COMPOUNDED DRUGS OR PRODUCTS.—
  288         (a) A pharmacist at a nonembryonic stem cell bank that is
  289  also permitted as a pharmacy under chapter 465 may dispense for
  290  office use only any of the following to a stem cell bank within
  291  this state:
  292         1. Adult human nonembryonic stem cells.
  293         2. A compounded drug containing adult human nonembryonic
  294  stem cells.
  295         3. A compounded product containing adult human nonembryonic
  296  stem cells.
  297         (b) Adult human nonembryonic stem cells, compounded drugs
  298  containing adult human nonembryonic stem cells, or products
  299  containing adult human nonembryonic stem cells may not be sold
  300  or dispensed by any person or establishment other than the adult
  301  human nonembryonic stem cell bank or a pharmacist at the
  302  nonembryonic stem cell bank that dispenses or receives the adult
  303  human nonembryonic stem cells or the compounded drug or product
  304  containing adult human nonembryonic stem cells, except that:
  305         1. A physician who requests the dispensing of adult human
  306  nonembryonic stem cells, a compounded drug, or a compounded
  307  product from the manufacturing nonembryonic stem cell bank may
  308  administer such items to his or her patient if the physician is
  309  authorized within the scope of his or her license to prescribe
  310  and administer adult human nonembryonic stem cells; or
  311         2. A pharmacist, a pharmacy, or an establishment that
  312  receives or carries adult human nonembryonic stem cells, a
  313  compounded drug, or a compounded product that was manufactured
  314  by a nonembryonic stem cell bank may sell or dispense such items
  315  to a physician who is authorized within the scope of his or her
  316  license to prescribe and administer adult human nonembryonic
  317  stem cells to patients.
  318         (4) HEALTH CARE PRACTITIONER RESPONSIBILITIES.—
  319         (a) A physician, an advanced practice registered nurse
  320  licensed under chapter 464, or a physician assistant licensed
  321  under chapter 458 or chapter 459 may not practice in a
  322  nonembryonic stem cell bank that is not licensed by the agency
  323  as required by the rules adopted pursuant to s. 400.9925. The
  324  license of a health care practitioner who violates this
  325  paragraph is subject to disciplinary action by the appropriate
  326  regulatory board.
  327         (b) In the performance of any procedure collecting,
  328  storing, using, or purporting to use adult human nonembryonic
  329  stem cells or products containing adult human nonembryonic stem
  330  cells, a health care practitioner must adhere to the applicable
  331  current good tissue practices for the collecting, removing,
  332  manufacturing, processing, using, concentrating, compounding,
  333  and implanting of stem cells or products containing stem cells
  334  pursuant to the FD&C Act, the PHS Act, 21 C.F.R. part 1271, and
  335  part I of chapter 499.
  336         (5) RULEMAKING.—The agency, in consultation with the
  337  Department of Health and the Department of Business and
  338  Professional Regulation, shall adopt rules to administer the
  339  licensure, inspection, and regulation of nonembryonic stem cell
  340  banks, including, but not limited to, rules regarding all of the
  341  following which must be consistent with the best practices
  342  specified in the FD&C Act, the PHS Act, 21 C.F.R. parts 1270
  343  1271, and part I of chapter 499:
  344         (a) Advertising.
  345         (b) Nonembryonic stem cell bank procedures and protocols
  346  for the collecting, removing, manufacturing, storing,
  347  dispensing, concentrating, and using of adult human nonembryonic
  348  stem cells, other drugs containing adult human nonembryonic stem
  349  cells, and products containing adult human nonembryonic stem
  350  cells, in accordance with applicable current best practices.
  351         (c) Adverse incident reporting.
  352         (d) Informed consent.
  353         (e) Recordkeeping, record retention, and availability of
  354  records for inspection.
  355         Section 2. This act shall take effect July 1, 2020.