31-52-3. Definitions.

As used in this article, the term:

“Eligible patient” means a person who meets the requirements of Code Section 31-52-4.#

“Investigational drug, biological product, or device” means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial.#

“Physician” means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.#

“Terminal illness” means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments.#

“Written informed consent” means a written document that:#

1. (A)

   Is signed by the patient; parent, if the patient is a minor; legal guardian; or healthcare agent designated by the patient in an advance directive for healthcare executed pursuant to Chapter 32 of this title;#

2. (B)

   Is attested to by the patient’s physician and a witness; and#

3. (C)

   Meets the requirements of Code Section 31-52-5.#