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Biologics Compliance Guide for Clinics in Maryland

Learn the essential compliance steps to confidently offer biologics in Maryland. This guide covers state and FDA regulations, patient consent, and best practices to help you establish compliant stem cell therapy services.

1. Summary

This guide is designed to help medical providers and practitioners in Maryland understand the compliance requirements for offering biologics, including stem cell therapies. Covering federal and state guidelines, informed consent, and provider qualifications, it ensures that you are well-prepared to deliver these therapies in a compliant manner.


2. FDA Compliance

The U.S. Food and Drug Administration (FDA) regulates human cells, tissues, and cellular and tissue-based products (HCT/P) under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act. Clinics in Maryland must adhere to these guidelines to legally offer biologic therapies. Review the FDA's guidance on HCT/P products here and follow federal requirements to ensure compliance.


3. Maryland State Regulations

Maryland’s health department outlines specific regulations that apply to the provision of biologics and stem cell therapies within the state. Maryland providers should refer to the Maryland Department of Health for guidance on compliance, which can be accessed here. These state regulations support accessible compliance pathways and define permissible treatments within Maryland.


4. Provider Qualifications

In Maryland, only licensed healthcare professionals may perform stem cell therapies. This includes medical doctors (MDs), osteopathic doctors (DOs), who have completed relevant training and certifications. Confirm qualifications and licensing requirements through the Maryland Board of Physicians at Maryland Board of Physicians. These requirements ensure that providers meet essential safety and competency standards to administer biologics.


5. Patient Informed Consent

Maryland requires comprehensive informed consent for biologics, including stem cell treatments. Clinics must clearly outline the treatment's risks, benefits, alternatives, and any disclaimers, especially since some biologic therapies may be experimental. This consent must communicate that not all treatments are FDA-approved and that patients understand the nature of the therapy. Detailed guidance on Maryland’s informed consent protocols can be found through the Maryland Department of Health’s resources.


6. Additional Compliance Considerations
Pre-Treatment and Post-Treatment Protocols

Maryland clinics are encouraged to develop clear protocols for both pre-treatment screening and post-treatment care to ensure safety and compliance. These may include patient eligibility criteria, infection prevention, and follow-up schedules.

Standard Operating Procedures (SOPs)

Establish SOPs for handling biologics to comply with FDA and state guidelines. This includes procedures for product handling, storage, and administration to maintain compliance and patient safety.

Medical Liability Insurance

Providers in Maryland are advised to obtain medical liability insurance to cover biologic therapies. Check with insurers about specific policies that cover the risks associated with stem cell treatments.

Marketing Compliance

Maryland clinics must comply with advertising regulations that prohibit misleading claims. Avoid statements that imply FDA approval unless explicitly granted. Follow the Maryland Department of Health’s marketing guidelines, which help ensure ethical communication regarding biologics.

This guide is provided as an informational resource to help clinics and practitioners understand general compliance requirements for biologics in Maryland. It is not intended to serve as legal advice or replace consultation with qualified legal professionals. Regulations may vary and are subject to change; clinics and practitioners should consult legal counsel or regulatory experts for advice specific to their circumstances and ensure full compliance with all applicable federal and state laws. The authors and publishers of this guide disclaim any liability arising from its use or reliance on the information provided.