A patient is eligible to access and use an investigational drug, biological product, or device under this chapter if:
(1) the patient has a terminal illness, 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 prolong the patient's life; and
(B) has recommended or prescribed in writing that the patient use a specific class of investigational drug, biological product, or device.