Effective Date: June 11, 2026SB 1092 (Bill Information)
Summary:The bill narrows the existing controlled substance prescribing continuing education requirement from all podiatric physicians to only those who are registered with the U.S. Drug Enforcement Administration to prescribe controlled substances, exempting podiatric physicians who do not prescribe controlled substances.
The bill authorizes Florida-licensed podiatric physicians to perform certain procedures using cellular or tissue-based products that are not approved by the U.S. Food and Drug Administration (FDA), and establishes standards governing use, including facility accreditation, and patient disclosures, while prohibiting the use of any human cells or tissues derived from a fetus or embryo after an abortion and provides penalties for violations. Key provisions of the bill include:
- Permissible Procedures: Authorizes podiatric physicians to perform procedures using cellular and tissue-based products not approved by the FDA if used for connective tissue, ligament, and tendon repair; wound care; or pain management.
- Product Standards: Requires products to be retrieved, manufactured, and stored in FDA registered and nationally accredited facilities and to include a post-thaw viability analysis confirming live cells.
- Advertising Disclosures: Mandates that advertisements include a clearly legible notice indicating the therapies have not yet been approved by the FDA and encouraging patients to consult a primary care provider.
- Informed Consent: Requires podiatric physicians to obtain a signed, detailed consent form from patients, including disclosure of risks, alternatives, anticipated results, lack of FDA approval, and encouragement to consult a primary care provider.
- Prohibited Practices: Prohibits treatment or research using human cells or tissues derived from a fetus or an embryo after an abortion and the sale, manufacture, or distribution of computer products created using human cells, tissues, or cellular or tissue-based products and makes it a third-degree felony and a licensure violation for a podiatric physician to willfully perform or actively participate in either prohibited act.
- Penalties and Regulatory Oversight: Provides for licensure discipline by the Board of Podiatric Medicine if any provision is violated and authorizes rulemaking to implement the provisions of the bill.
Lastly, the bill exempts podiatric physicians with FDA approval for an investigational new drug or device, to perform procedures using cellular and tissue-based products or who performs procedures under contract with certain accredited institutions from the requirements of the bill.