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

In 2017, the 85th Texas Legislature enacted the new Texas Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments law, which makes it illegal to buy and sell stem cells.

The Texas legislature codified this criminal offense in Texas Penal Code Section 48.04. The legislature did not update this law in 2023. In fact, this law has not been substantively amended since its enactment in 2017.

The Penal Code codifies the Texas Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.” Learn more about the Texas offense of Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments below.

What is the current Texas law about Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments?

The current Texas law defines the offense of Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments in Penal Code Section §48.04 as follows:^[1]

(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.

This law was created by the 85th Texas Legislature in 2017 and was codified at Section 48.04 in the Texas Penal Code.^[2] The bills that passed in the legislature that year created an entire regulatory system regarding adult stem cell research and took effect September 1, 2017.^[3]

“Adult stem cell” is defined as “an undifferentiated cell that is: (A) found in differentiated tissue; and (B) able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated.”^[4]

“Investigational stem cell treatment” is defined as “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.”^[5]

Are there any exceptions in the law?

There are exceptions in the law for payments to doctors, medical personnel, hospitals, reimbursement for medical expenses and any payments regulated under the blood bank rules of Chapter 162 of the Texas Health and Safety Code.^[6]

What is the statute of limitation for Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments in Texas?

As a misdemeanor, Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments charges have a two-year limitations period.^[7]

What is the penalty for a Texas Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments offense?

The offense is classified as a Class A misdemeanor,^[8] with punishment not to exceed jail time of one year and payment of a fine not to exceed $4,000.

Can you get probation for Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments, and judges are also allowed to accept deferred adjudication plea deals.^[9]

What level of crime is Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments in Texas?

The Penal Code classifies Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §48.04. This law is current as of the 88th Legislature Regular Session.^2. House Bill 810, 85th Texas Legislature, Section 3^3. House Bill 810, 85th Texas Legislature, Sections 5-6^4. Texas Penal Code §48.04(a)(1), as created by House Bill 810, 85th Texas Legislature, Section 4, effective September 1, 2017^5. Texas Penal Code §48.04(a)(2), as created by House Bill 810, 85th Texas Legislature, Section 4, effective September 1, 2017^6. Texas Penal Code §48.04(c)&(d), as enacted by HB 810, 85th Texas Legislature, Section 4, effective September 1, 2017:

(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.

^7. See Code of Criminal Procedure 12.02(a)^8. Texas Penal Code Section §48.04(e), as enacted by House Bill 810, 85th Texas Legislature, Section 4, effective September 1, 2017^9. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .