To be an eligible patient under the Investigational Drug Use Act, a person shall:

(1) Have an advanced illness, attested by the person's treating physician;

(2) Have considered all other treatment options approved by the United States Food and Drug Administration at the time;

(3) Have a recommendation from his or her treating physician for an investigational drug, biological product, or device;

(4) Give written, informed consent for the use of the investigational drug, biological product, or device;

(5) Have documentation from his or her treating physician that he or she meets the requirements of the act; and

(6) Not be a patient receiving inpatient treatment in a hospital licensed pursuant to the Health Care Facility Licensure Act.