410 ILCS 649/10

Current through Public Act 103-1052

Section 410 ILCS 649/10 - Definitions

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.

410 ILCS 649/10

Added by P.A. 099-0270,§ 10, eff. 1/1/2016.