In order for a person to be considered an eligible patient to access an investigational drug, biological product, or device pursuant to this article, a physician must document in writing that the person:

(1) Has a terminal illness;

(2) Has, in consultation with the physician, considered all other treatment options currently approved by the federal Food and Drug Administration;

(3) Has been given a recommendation by the physician for an investigational drug, biological product, or device; and

(4) Has given written informed consent for the use of the investigational drug, biological product, or device.