TITLE 31 HEALTH

Section 52. Terminally Ill Patient's Right To Try Investigational Drugs, Biological Products, and Devices, 31-52-1 through 31-52-10.

ARTICLE 2 CHILDHOOD LEAD EXPOSURE CONTROL

31-52-3. Definitions.

As used in this chapter, the term:

1. "Eligible patient" means a person who meets the requirements of Code Section 31-52-4.
2. "Investigational drug, biological product, or device" means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial.
3. "Physician" means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.
4. "Terminal illness" means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments.
5. "Written informed consent" means a written document that:
   1. Is signed by the patient; parent, if the patient is a minor; legal guardian; or health care agent designated by the patient in an advance directive for health care executed pursuant to Chapter 32 of Title 31;
   2. Is attested to by the patient's physician and a witness; and
   3. Meets the requirements of Code Section 31-52-5.

(Code 1981, §31-52-3, enacted by Ga. L. 2016, p. 345, § 1/HB 34.)