Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 413
3		-	By Lynn
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 152
6	5		By Pody
7	6
8	7
9	8		SB0152
10	9		000703
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 53;
14	13		Title 63 and Title 68, relative to stem cell
15	14		treatment.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Title 63, Chapter 6, is amended by adding
19	18		the following as a new part:
20	19		63-6-901. Part definitions.
21	20		As used in this part:
22	21		(1) "Commissioner" means the commissioner of health;
23	22		(2) "Governmental entity" means this state or an agency or political
24	23		subdivision of this state;
25	24		(3) "Investigational stem cell treatment" means an adult stem cell
26	25		treatment that:
27	26		(A) Is under investigation in a clinical trial and being administered
28	27		to human participants in that trial; and
29	28		(B) Has not yet been approved for general use by the United
30	29		States food and drug administration;
31	30		(4) "Severe chronic disease" means a condition, injury, or illness that:
32	31		(A) May be treated;
33	32		(B) Is never cured or eliminated; and
34	33		(C) Entails significant functional impairment or severe pain; and
35	34
36	35
37	36		- 2 - 000703
38	37
39	38		(5) "Terminal illness" means an advanced stage of a disease with an
40	39		unfavorable prognosis that, without life-sustaining procedures, will soon result in
41	40		death or a state of permanent unconsciousness from which recovery is unlikely.
42	41		63-6-902. Patient eligibility.
43	42		A patient may access and use an investigational stem cell treatment under this
44	43		part if:
45	44		(1) The patient has a severe chronic disease or terminal illness listed in
46	45		the rules adopted under § 63-6-907 and attested to by the patient's treating
47	46		physician; and
48	47		(2) The patient's treating physician:
49	48		(A) In consultation with the patient, has considered all other
50	49		treatment options currently approved by the United States food and drug
51	50		administration and determined that those treatment options are
52	51		unavailable or unlikely to alleviate the significant impairment or severe
53	52		pain associated with the severe chronic disease or terminal illness; and
54	53		(B) Has recommended or prescribed in writing that the patient
55	54		use a specific class of investigational stem cell treatment.
56	55		63-6-903. Informed consent.
57	56		(a) Before receiving an investigational stem cell treatment, an eligible patient
58	57		must sign a written informed consent.
59	58		(b) If the patient is a minor or lacks the mental capacity to provide informed
60	59		consent, then a parent, guardian, or conservator may provide informed consent on the
61	60		patient's behalf.
62	61		(c) The commissioner may develop and make available to physicians a form for
63	62		the informed consent under this section.
64	63
65	64
66	65		- 3 - 000703
67	66
68	67		63-6-904. Effect on other law.
69	68		(a) This part does not affect the coverage of enrollees in clinical trials under §
70	69		56-7-2365.
71	70		(b) This part does not affect or authorize a person to violate any law regulating
72	71		the possession, use, or transfer of fetal tissue, fetal stem cells, adult stem cells, or
73	72		human organs, including § 39-15-208.
74	73		63-6-905. Action against physician license prohibited.
75	74		Notwithstanding another law, the board of medical examiners and the board of
76	75		osteopathic examination shall not revoke, fail to renew, suspend, or take any action
77	76		against a physician's license based solely on the physician's recommendations to an
78	77		eligible patient regarding access to or use of an investigational stem cell treatment if the
79	78		care provided or recommendations made to the patient meet the standard of care and
80	79		the requirements of this part.
81	80		63-6-906. Governmental interference prohibited.
82	81		A governmental entity or an officer, employee, or agent of a governmental entity
83	82		shall not interfere with an eligible patient's access to or use of an investigational stem
84	83		cell treatment authorized under this part.
85	84		63-6-907. Rules.
86	85		The commissioner shall promulgate rules to effectuate this part. The rules must
87	86		include designating the medical conditions that constitute a severe chronic disease or
88	87		terminal illness for purposes of this part. Rules must be promulgated in accordance with
89	88		the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
90	89		SECTION 2. The headings to sections in this act are for reference purposes only and do
91	90		not constitute a part of the law enacted by this act. However, the Tennessee Code Commission
92	91		is requested to include the headings in any compilation or publication containing this act.
93	92
94	93
95	94		- 4 - 000703
96	95
97	96		SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.