Texas Penal Code 48.04 – Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments

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Texas Penal Code 48.04 – Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments

WHAT IS PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

Texas law prohibits acquiring, receiving, buying, selling, offering to buy or sell, or otherwise transferring adult stem cells for certain investigational treatments as part of a clinical trial not yet approved for general use by the United States Food and Drug Administration.

Texas Penal Code Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments

WHAT IS THE PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS LAW IN TEXAS?

Tex. Penal Code § 48.04. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS.

(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell treatment.

(c) It is an exception to the application of this section that the valuable consideration is:

(1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;

(2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or

(3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells.

(d) It is an exception to the application of this section that the actor engaged in conduct authorized under Chapter 162, Health and Safety Code.

(e) A violation of this section is a Class A misdemeanor.

WHAT IS THE PENALTY CLASS FOR PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

Purchasing and selling adult stem cells for certain investigational treatments is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

The punishment range for the prohibited purchase and sale of adult stem cells for certain investigational treatments, a Class A misdemeanor, is up to one year in jail, and a maximum $4,000 fine.

WHAT ARE THE PENALTIES FOR PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

A person charged with prohibited purchase and sale of adult stem cells for certain investigational treatments may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

The statute does not authorize specific defenses to the prohibition on the purchase and sale of adult stem cells for certain investigational treatments, but does contain exceptions.

A person may not be charged with prohibited purchase and sale of adult stem cells for certain investigational treatments if they were donating or receiving blood in accordance with the Texas Health and Safety Code, or if the valuable consideration was:

  1. a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;
  2. reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or
  3. reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells.

WHAT IS THE STATUTE OF LIMITATIONS FOR PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS?

The limitation period for prohibited purchase and sale of adult stem cells for certain investigational treatments, a Class A misdemeanor, is two years.

PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS IN TEXAS

Texas law punishes the unregulated transfer of adult stem cells for investigational treatments that have not been approved by the Food and Drug Administration. The purpose of this law is to maintain public health and safety, and prohibit administering treatments that could have unknown harmful side effects.

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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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