𝗦𝘁𝗮𝘁𝗲 "𝗦𝘁𝗲𝗺 𝗖𝗲𝗹𝗹" 𝗟𝗮𝘄𝘀: 𝗦𝗵𝗶𝗲𝗹𝗱 𝗼𝗿 𝗟𝗲𝗴𝗮𝗹 𝗟𝗮𝗻𝗱𝗺𝗶𝗻𝗲?

The Hidden Risks Physicians Face With “Stem Cell” Therapies in Florida and Utah

Thanks to #𝗰𝗵𝗿𝗶𝘀𝘁𝗼𝗽𝗵𝗲𝗿𝗰𝗲𝗻𝘁𝗲𝗻𝗼 for pushing me to revisit assumptions about physician liability as it relates to states' "stem cell" laws. A deeper look suggests that even with state laws permitting certain stem cell procedures, the risks remain high.

Here’s the uncomfortable truth: 𝘀𝘁𝗮𝘁𝗲 𝗽𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 ≠ 𝗹𝗲𝗴𝗮𝗹 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻.

Physicians remain exposed on multiple fronts:

𝗙𝗗𝗔 𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 – State law cannot override federal regulation. If FDA views your procedure as an unapproved biologic, enforcement will follow.

𝗖𝗶𝘃𝗶𝗹 𝗹𝗮𝘄𝘀𝘂𝗶𝘁𝘀 – Patients can still file malpractice or fraud claims, and lack of regulatory standards makes these cases harder to defend.

𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗼𝗿𝘆 𝗹𝗮𝗻𝗱𝗺𝗶𝗻𝗲𝘀 – Beyond the FDA, the FTC can pursue misleading marketing claims, with fines and reputational damage.

𝗙𝗲𝗱𝗲𝗿𝗮𝗹/𝘀𝘁𝗮𝘁𝗲 𝗺𝗶𝘀𝗺𝗮𝘁𝗰𝗵 – Recent rulings reaffirm FDA’s authority. State “safe harbors” don’t hold up in federal court.

𝗕𝗼𝘁𝘁𝗼𝗺 𝗹𝗶𝗻𝗲: New state laws may feel like progress, but physicians are still on the hook—with real exposure from regulators, courts, and patients.

(I’m not an attorney-I don't even play one on TV; this is perspective, not legal advice.)

Where do you stand?

Have you seen physicians caught in this regulatory crossfire or is it too soon?

What advice would you give clinicians considering these therapies?