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Health Care - As enacted, authorizes a physician to perform stem cell therapy or regenerative medicine therapy that is not approved by the United States food and drug administration if such therapy is used for a treatmen, the official text

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                        $tate of ~ennessee

                         PUBLIC CHAPTER NO. 1016

                                                  HOUSE BILL NO. 2246

                                           By Representatives Hurt, Lynn

                                       Substituted for: Senate Bill No. 2586

                           By Senators Jackson, Pody, Bailey, Bowling, Reeves

         AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to stem
cell therapies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 63, Chapter 6, Part 2, is amended by
adding the following as a new section:

                    (a) As used in this section:

                              (1) "Human cells, tissues, or cellular or tissue-based products":

                                        (A) Means articles containing or consisting of human cells or
                             tissues that are intended for implantation, transplantation, infusion, or
                             transfer into a human recipient; and

                                        (B) Does not include:

                                                  (i) Vascularized human organs for transplantation;

                                                  (ii) Ancillary products used in the manufacture of human
                                        cells, tissues, or cellular or tissue-based products;

                                                  (iii) Cells, tissues, media, serums, and organs derived from
                                        an animal;

                                                  (iv) In vitro diagnostic products; and

                                                  (v) Blood vessels recovered with an organ that is intended
                                        for use in organ transplantation and are clearly labeled "For use in
                                        organ transplantation only";

                              (2) "Physician" means a person licensed pursuant to chapter 6 or 9 of this
                    title;

                              (3) "Regenerative medicine therapy11:

                                        (A) Means the use of products that:

                                                  (i) Are supplied by a manufacturer that validates its
                                        isolation techniques by including cell viability and surface marker
                                        reports for cellular products, a viscosity report for Wharton's jelly,
                                        and particle counts for exosome-based regenerative products;

                                                  (ii) Contain a lot-specific sterility report and certificate of
                                        analysis for each product before the product is used on a patient;
                                        and

                                                  (iii) Are supplied by a manufacturer that retrieves,
                                        manufactures, and stores the product in a facility that is registered
                                        with the United States food and drug administration or accredited
HB2246

                                       or certified by a recognized third-party accrediting organization,
                                       including:

                                                           (a) American Association of Tissue Banks;

                                                            (b) American Academy of Stem Cell Medicine;

                                                           (c) Association for the Advancement of Blood and
                                                  Biotherapies;

                                                           (d) Foundation for the Accreditation of Cellular
                                                 Therapy; and

                                                           (e) World Marrow Donor Program; and

                                                  (8) Does not include treatment or research using human
                                       cells or tissues that were derived from a fetus or an embryo after
                                        an abortion; and

                              (4) "Stem cell therapy":

                                        (A) Means a treatment involving the use of cellular or tissue-based
                              products that:

                                                  (i) Are retrieved, manufactured, and stored in a facility that
                                        provides the physician proof of registration from the United States
                                       food and drug administration for allogeneic therapy or are
                                        retrieved, manufactured, and stored in a facility with a Clinical
                                        Laboratory Improvement Amendments of 1988 (CUA) certificate
                                        of compliance for autologous therapy;

                                                  (ii) Are stored in a freezer that maintains a temperature no
                                        higher than negative eighty degrees centigrade (-80° C), unless
                                       the cellular or tissue-based products are for autologous therapy;

                                                  (iii) Contain viable or live cells greater than ninety percent
                                        (90%), as indicated in a pre-thaw certificate of analysis report, and
                                        contain no less than eighty percent (80%) viable or live cells, as
                                        indicated in a post-thaw viability analysis report for the product lot
                                        sent before use on the patient, unless the cellular or tissue-based
                                        products are for autologous therapy; and

                                                  (iv) Contain documentation that the cellular or tissue-based
                                        products meet acceptance criteria established by validated
                                        manufacturing procedures, if used for allogeneic therapy, and
                                        consistent with applicable regulatory standards before cell
                                        administration, unless the cellular or tissue-based products are
                                        used for same-day autologous therapy; and

                                        (8) Does not include:

                                                  (i) Treatment or research using human cells or tissues that
                                       were derived from a fetus or an embryo after an abortion;

                                                  (ii) Whole blood, blood components, or blood derivative
                                        products; and

                                                  (iii) Secreted or extracted human products, such as milk,
                                        collagen, and cell factors, other than semen.

                    (b) A physician may perform stem cell therapy or regenerative medicine therapy
          that is not approved by the United States food and drug administration if the therapy is
          used for a treatment or procedure that is within the scope of practice of the physician.

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HB2246

                    (c) A physician who performs stem cell therapy or regenerative medicine therapy
         shall obtain human cells, tissues, or cellular or tissue-based products for the therapy
          only from a facility that complies with this section.

                    (d)

                              (1) A physician who conducts stem cell therapy or regenerative medicine
                   therapy under this section must include the following notice in each
                    advertisement for therapy:

                                       THIS NOTICE MUST BE PROVIDED TO YOU UNDER
                              TENNESSEE LAW. This physician performs one (1) or more stem cell or
                              regenerative medicine therapies that have not yet been approved by the
                              United States food and drug administration. You are encouraged to
                              consult with your primary care provider before undergoing any stem cell
                              or regenerative medicine therapy.

                              (2) The notice required by subdivision (d)(1) must be clearly legible and in
                    a type size no smaller than the largest type size used in the advertisement.

                    (e) Before performing stem cell therapy or regenerative medicine therapy under
          this section, a physician must obtain a written consent form signed by the patient or, if
          the patient is not legally competent, the patient's representative.

                    (f) This section does not apply to:

                              (1) A physician who performs therapy approved for an investigational new
                    drug or device by the United States food and drug administration for the use of
                    human cells, tissues, or cellular or tissue-based products;

                              (2) A hospital as defined in § 68-11-201(31), or an affiliated hospital
                    outpatient clinic; or

                              (3) A therapy performed pursuant to the Phil Timp-Amanda Wilcox Right
                    to Try Act, compiled in chapter 6, part 3 of this title.

                    (g) A physician who violates this section may be subject to disciplinary action by
         the physician's licensing authority.

                    (h)

                              (1) A physician who performs allogeneic stem cell therapy or regenerative
                    medicine therapy under this section shall report an adverse event associated
                   with such therapy to the manufacturer and, if applicable, to an accrediting
                    organization as described in subdivision (a)(3)(A)(iii) within thirty (30) days after
                    the physician becomes aware of such adverse event.

                              (2) A physician who performs stem cell therapy or regenerative medicine
                   therapy under this section is encouraged to participate in clinical outcomes
                    registries maintained by an accredited organization for purposes of ongoing
                    safety monitoring, quality improvement, and evidence-based practice
                    development.

                              (3) A physician who performs stem cell therapy or regenerative medicine
                   therapy under this section shall report an adverse event associated with such
                    therapy to the physician's licensing authority.

                              (4) As used in this subsection (h), "adverse event" means any untoward
                    medical occurrence associated with the use of stem cell therapy or regenerative
                    medicine therapy, regardless of whether such event is considered related to the
                   therapy, including infection, allergic reaction, disease transmission, or an
                    unanticipated clinical outcome.

                    (i)

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HB2246
                              (1) The board of medical examiners may promulgate rules to effectuate

                   this section. _The rules must be promulgated in accordance with the Uniform
                   Administrative Procedures Act, compiled in title 4, chapter 5.

                              (2) The board of osteopathic examination may promulgate rules to
                    effectuate this section. The rules must be promulgated in accordance with the
                    Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
          SECTION 2. For purposes of promulgating rules, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026, the
public welfare requiring it.

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               HOUSE BILL NO. 2246

PASSED:  April 16, 2026

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                            CAMERONSEXTON,SPEAKER
                           HOUSE OF REPRESENTATIVES

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                           '         RANDY.
                              SPEAKER OF THE SENATE

APPROVED this  \ ~ day of  a ~       2026

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BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.