For the purposes of this Act: "Accident and health insurer" has the meaning given to that term in Section 126.2 of the Illinois Insurance Code. "Eligible patient" means a person who: (1) has a terminal illness; (2) has considered all other treatment options approved by the United States Food and Drug Administration; (3) has received a prescription or recommendation from his or her physician for an investigational drug, biological product, or device; (4) has given his or her informed consent in writing for the use of the investigational drug, biological product, or device or, if he or she is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given informed consent on his or her behalf; and (5) has documentation from his or her physician indicating that he or she has met the requirements of this Act. "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed Phase I of a clinical trial, but has not been approved for general use by the United States Food and Drug Administration. "Phase I of a clinical trial" means the stage of a clinical trial where an investigational drug, biological product, or device has been tested in a small group for the first time to evaluate its safety, determine a safe dosage range, and identify side effects. "Terminal illness" means a disease that, without life-sustaining measures, can reasonably be expected to result in death in 24 months or less. approved by the United States Food and Drug Administration; from his or her physician for an investigational drug, biological product, or device; for the use of the investigational drug, biological product, or device or, if he or she is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given informed consent on his or her behalf; and indicating that he or she has met the requirements of this Act.
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