(a) If the executive commissioner of the Health and Human Services Commission determines that it will be cost-effective and increase the efficiency or quality of health care, health and human services, and health benefits programs in this state, the executive commissioner by rule shall establish eligibility criteria for the creation and operation of an autologous adult stem cell bank.
(b) In adopting the rules under Subsection (a), the executive commissioner shall consider:
(1) the ability of the applicant to establish, operate, and maintain an autologous adult stem cell bank and to provide related services; and
(2) the demonstrated experience of the applicant in operating similar facilities in this state.