2015 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:1169.3 - Definitions
§1169.3. Definitions
As used in this Subpart, the following terms have the meaning ascribed to them in this Section:
(1) "Eligible patient" means a person to whom all of the following criteria apply:
(a) Has a terminal illness.
(b) As determined by the person's physician, has no comparable or satisfactory treatment options that are approved by the United States Food and Drug Administration and available to diagnose, monitor, or treat the person's disease or condition, and the probable risk to the person from the investigational drug, biological product, or device is not greater than the probable risk from the person's disease or condition.
(c) Has received a prescription or recommendation from his physician for an investigational drug, biological product, or device.
(d) Has given his consent in writing for the use of the investigational drug, biological product, or device; or, if he is a minor or lacks the mental capacity to provide consent, a parent or legal guardian has given consent in writing on his behalf.
(e) Has documentation from his physician indicating that he has met the requirements provided in this Subpart.
(2) "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed phase one of a United States Food and Drug Administration approved clinical trial, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial.
(3) "Terminal illness" means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely. This diagnosis shall be confirmed by a second independent evaluation by a board-certified physician in an appropriate speciality.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.423 by HCR 84 of 2015 R.S.
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