50-12-104. Eligible patient -- requirements. A patient is eligible for treatment with an investigational drug, biological product, or device if the patient has:

(1) a terminal illness that is attested to by the patient's treating health care provider;

(2) considered all other treatment options currently approved by the United States food and drug administration;

(3) received a recommendation from the patient's treating health care provider for an investigational drug, biological product, or device;

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

(5) documentation from the treating health care provider that the patient meets the requirements of this section.