Terms Used In South Carolina Code 44-137-50

  • Eligible patient: means an individual who:

    (a) has a terminal illness, attested to by a treating physician;

    (b) has, in consultation with a treating physician, considered and exhausted all other treatment options currently approved by the United States Food and Drug Administration;

    (c) has received a recommendation from the treating physician for use of an investigational drug, biological product, or device for treatment of the terminal illness;

    (d) has given informed consent in writing to use the investigational drug, biological product, or device for treatment of the terminal illness or, if the individual is a minor or is otherwise incapable of providing informed consent, the parent or legal guardian has given informed consent in writing to use the investigational drug, biological product, or device; and

    (e) has documentation from the treating physician that the individual meets all of the criteria for this definition, including an attestation from the treating physician that the treating physician was consulted in the creation of the written, informed consent required under this chapter. See South Carolina Code 44-137-10
No official, employee, or agent of this State shall block or attempt to block an eligible patient‘s lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section.
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