PROPOSAL WOULD ALLOW OUT-OF-STATE LAWYERS TO SUPPORT FLORIDA CANCER CLINICAL TRIALS
The Florida Bar's Rules Committee has unanimously approved a proposal to create a new, narrowly tailored practice authorization that would allow certain out-of-state lawyers to provide limited legal services for nonprofit cancer research organizations conducting clinical trials in Florida.
Acting August 5, the Rules Committee voted 6-0 to advance the proposal put forth by the Moffitt Cancer Center in Tampa, which now moves through The Florida Bar's rules amendment process, including review by other Bar committees, the Board of Governors, and ultimately the Florida Supreme Court.
The proposal would create an entirely new Chapter 22 of the Rules Regulating The Florida Bar, rather than amend the existing Authorized House Counsel rule. It would permit attorneys licensed outside Florida to practice for up to one year while employed exclusively by a qualifying nonprofit cancer research organization, provided they are supervised by a Florida Bar member and limit their practice to legal matters involving the organization's clinical trial research.
According to materials submitted with the proposal, Moffitt Cancer Center says the rule is intended to help nonprofit cancer centers recruit and retain attorneys with expertise in the complex federal laws and regulations governing clinical trials, an area in which many practitioners are licensed outside Florida. Moffitt says nine out of 10 lawyers currently providing those services for the center are not members of The Florida Bar.
Moffitt notes that cancer has been Florida's second-leading cause of death since 2014 and says clinical trials play a critical role in expanding treatment options while advancing cancer research.
According to the proposal, Moffitt enrolled more than 20,000 patients in clinical trials and nontherapeutic studies in 2025.
Proposed Rule 22-1 states: “The purpose of this chapter is to expand the delivery of legal services for non-profit cancer research trials by non-profit medical organizations and entities in Florida. This chapter authorizes attorneys licensed to practice law in jurisdictions other than Florida to be certified to practice in Florida for up to 1 year while employed by a non-profit cancer research organization or entity that is located in Florida. The attorney so certified must take the Florida bar examination or assume residency in the State of Florida and satisfy the requirements set forth in chapter 17, Authorized House Counsel Rule, within one year of this certification.”
The proposal also has the support of The Florida Bar's Health Law Section.
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