A patient is eligible to access and use an investigational stem cell treatment under this subchapter if:
(1) the patient has a severe chronic disease or terminal illness listed in the rules adopted under Section 1003.052 and attested to by the patient’s treating physician; and
(2) the patient’s physician:
(A) in consultation with the patient, has considered all other treatment options currently approved by the United States Food and Drug Administration and determined that those treatment options are unavailable or unlikely to alleviate the significant impairment or severe pain associated with the severe chronic disease or terminal illness; and
(B) has recommended or prescribed in writing that the patient use a specific class of investigational stem cell treatment.