Stem Cell News Texas House Bill 810

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 18-5)
Status: Passed on June 12 2017 – 100% progression
Action: 2017-06-12 – Effective on 9/1/17
Text:

 

Summary Texas House Bill 810

Relating to the provision of certain investigational stem cell treatments to patients with certain severe chronic diseases or terminal illnesses and regulating the possession, use, and transfer of adult stem cells; creating a criminal offense.

Stem Cell Leads for providers

Texas House Bill 810 History

Date Chamber Stem Cell House Bill Action
2017-06-12 Effective on 9/1/17
2017-06-12 Signed by the Governor
2017-05-30 Sent to the Governor
2017-05-30 Senate Signed in the Senate
2017-05-29 House Signed in the House
2017-05-29 House Reported enrolled
2017-05-28 Senate House adopts conf. comm. report-reported
2017-05-28 House Record vote
2017-05-28 House Statement of Leg. Intent Recorded in Journal
2017-05-28 House House adopts conference committee report
2017-05-28 House Senate adopts conf. comm. report-reported
2017-05-28 Senate Remarks ordered printed
2017-05-28 Senate Record vote
2017-05-28 Senate Senate adopts conference committee report
2017-05-28 Senate Co-sponsor authorized
2017-05-27 House Conf. Comm. Report distributed
2017-05-27 Senate Conference committee report filed
2017-05-26 House Senate appoints conferees-reported
2017-05-26 House Senate grants request for conf comm-reported
2017-05-26 Senate Co-sponsor authorized
2017-05-26 Senate Senate appoints conferees
2017-05-26 Senate Senate grants request for conference comm.
2017-05-26 Senate House appoints conferees-reported
2017-05-26 Senate House requests conference committee-reported
2017-05-26 Senate House refuses to concur-reported
2017-05-26 House House appoints conferees
2017-05-26 House House requests conference committee
2017-05-26 House House refuses to concur in Senate amendments
2017-05-25 House Senate Amendments Analysis distributed
2017-05-25 House Senate Amendments distributed
2017-05-24 House Senate passage as amended reported
2017-05-24 Senate Record vote
2017-05-24 Senate Passed
2017-05-24 Senate Read 3rd time
2017-05-24 Senate Record vote
2017-05-24 Senate Three day rule suspended
2017-05-24 Senate Vote recorded in Journal
2017-05-24 Senate Passed to 3rd reading as amended
2017-05-24 Senate Vote recorded in Journal
2017-05-24 Senate Amended
2017-05-24 Senate Amendment(s) offered
2017-05-24 Senate Vote recorded in Journal
2017-05-24 Senate Amended
2017-05-24 Senate Amendment(s) offered
2017-05-24 Senate Read 2nd time
2017-05-24 Senate Rules suspended-Regular order of business
2017-05-24 Senate Co-sponsor authorized
2017-05-24 Senate Placed on intent calendar
2017-05-22 Senate Committee report printed and distributed
2017-05-22 Senate Reported favorably w/o amendments
2017-05-22 Senate Considered in public hearing
2017-05-17 Senate Left pending in committee
2017-05-17 Senate Testimony taken in committee
2017-05-17 Senate Considered in public hearing
2017-05-17 Senate Scheduled for public hearing on . . .
2017-05-17 Senate Posting rule suspended
2017-05-15 Senate Referred to Health & Human Services
2017-05-15 Senate Read first time
2017-05-15 Senate Received from the House
2017-05-12 House Reported engrossed
2017-05-12 House Record vote
2017-05-12 House Passed
2017-05-12 House Read 3rd time
2017-05-11 House Passed to engrossment as amended
2017-05-11 House Amended
2017-05-11 House Read 2nd time
2017-05-08 House Placed on General State Calendar
2017-05-05 House Considered in Calendars
2017-05-04 House Committee report sent to Calendars
2017-05-04 House Committee report distributed
2017-05-03 House Comte report filed with Committee Coordinator
2017-04-27 House Reported favorably as substituted
2017-04-27 House Committee substitute considered in committee
2017-04-27 House Considered in formal meeting
2017-04-18 House Left pending in committee
2017-04-18 House Testimony taken/registration(s) recorded in committee
2017-04-18 House Committee substitute considered in committee
2017-04-18 House Considered in public hearing
2017-04-18 House Scheduled for public hearing on . . .
2017-02-21 House Referred to Public Health
2017-02-21 House Read first time
2017-01-03 House Filed
85R4702 SCL-F
By: Parker H.B. No. 810
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain investigational stem cell
treatments to patients with certain severe chronic diseases or
terminal illnesses.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 1003, Health and Safety Code, is amended
by designating Sections 1003.001, 1003.002, and 1003.003 as
Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
       SECTION 2.  Chapter 1003, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. PROVISION OF INVESTIGATIONAL STEM CELL TREATMENTS TO
PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES
       Sec. 1003.051.  DEFINITIONS. In this subchapter:
             (1)  “Investigational stem cell treatment” means an
adult stem cell treatment that:
                   (A)  is under investigation in a clinical trial
and being administered to human participants in that trial; and
                   (B)  has not yet been approved for general use by
the United States Food and Drug Administration.
             (2)  “Severe chronic disease” means a condition,
injury, or illness that:
                   (A)  may be treated;
                   (B)  is never cured or eliminated; and
                   (C)  entails significant functional impairment or
severe pain.
             (3)  “Terminal illness” means an advanced stage of a
disease with an unfavorable prognosis that, without
life-sustaining procedures, will soon result in death or a state of
permanent unconsciousness from which recovery is unlikely.
       Sec. 1003.052.  RULES. The executive commissioner shall
adopt rules designating the medical conditions that constitute a
severe chronic disease or terminal illness for purposes of this
subchapter.
       Sec. 1003.053.  PATIENT ELIGIBILITY. A patient is eligible
to access and use an investigational stem cell treatment under this
subchapter if:
             (1)  the patient has a severe chronic disease or
terminal illness listed in the rules adopted under Section 1003.052
and attested to by the patient’s treating physician; and
             (2)  the patient’s physician:
                   (A)  in consultation with the patient, has
considered all other treatment options currently approved by the
United States Food and Drug Administration and determined that
those treatment options are unavailable or unlikely to alleviate
the significant impairment or severe pain associated with the
severe chronic disease or terminal illness; and
                   (B)  has recommended or prescribed in writing that
the patient use a specific class of investigational stem cell
treatment.
       Sec. 1003.054.  INFORMED CONSENT. (a)  Before receiving an
investigational stem cell treatment, an eligible patient must sign
a written informed consent.
       (b)  If the patient is a minor or lacks the mental capacity to
provide informed consent, a parent, guardian, or conservator may
provide informed consent on the patient’s behalf.
       (c)  The executive commissioner by rule may adopt a form for
the informed consent under this section.
       Sec. 1003.055.  NO CAUSE OF ACTION CREATED. This subchapter
does not create a private or state cause of action against a
developer of an investigational stem cell treatment or against any
other person or entity involved in the care of an eligible patient
using the investigational stem cell treatment for any harm done to
the eligible patient resulting from the investigational stem cell
treatment.
       Sec. 1003.056.  EFFECT ON HEALTH CARE COVERAGE FOR CLINICAL
TRIAL ENROLLEES. This subchapter does not affect the coverage of
enrollees in clinical trials under Chapter 1379, Insurance Code.
       Sec. 1003.057.  ACTION AGAINST PHYSICIAN’S LICENSE
PROHIBITED. Notwithstanding any other law, the Texas Medical Board
may not revoke, fail to renew, suspend, or take any action against
a physician’s license under Subchapter B, Chapter 164, Occupations
Code, based solely on the physician’s recommendations to an
eligible patient regarding access to or use of an investigational
stem cell treatment, provided that the care provided or
recommendations made to the patient meet the standard of care and
the requirements of this subchapter.
       Sec. 1003.058.  GOVERNMENTAL INTERFERENCE PROHIBITED. (a)
In this section, “governmental entity” means this state or an
agency or political subdivision of this state.
       (b)  A governmental entity or an officer, employee, or agent
of a governmental entity may not interfere with an eligible
patient’s access to or use of a stem cell treatment authorized under
this subchapter.
       SECTION 3.  As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subchapter B, Chapter 1003, Health and Safety Code, as added by this
Act.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.