{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-3091.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-3091.2","heading":"Definitions","body":"For purposes of the Right to Try Act:\n\n1. \"Eligible patient\" means a person who has:\n\na. a terminal illness, attested to by the patient's\n\ntreating physician,\n\nb. considered all other treatment options currently\n\napproved by the United States Food and Drug\n\nAdministration,\n\nc. been unable to participate in a clinical trial for the\n\nterminal illness within one hundred (100) miles of the\n\npatient's home address, or not been accepted to the\n\nclinical trial within one (1) week of completion of\n\nthe clinical trial application process,\n\nd. received a recommendation from his or her physician\n\nfor the use of an investigational drug, biological\n\nproduct or device,\n\ne. given written, informed consent for the use of the\n\ninvestigational drug, biological product or device or,\n\nif the patient is a minor or lacks the mental capacity\n\nto provide informed consent, a parent or legal\n\nguardian has given written, informed consent on the\n\npatient's behalf, and\n\nf. documentation from his or her physician that he or she\n\nmeets the requirements of this paragraph.\n\n\"Eligible patient\" does not include a person being treated as an\n\ninpatient in a hospital licensed pursuant to the provisions of\n\nSection 1-701 et seq. of Title 63 of the Oklahoma Statutes;\n\n2. \"Investigational drug, biological product or device\" means a\n\ndrug, biological product or device that has successfully completed\n\nphase one of a clinical trial but has not yet been approved for\n\ngeneral use by the United States Food and Drug Administration and\n\nremains under investigation in a clinical trial approved by the\n\nUnited States Food and Drug Administration;\n\n3. \"Terminal illness\" means a disease that, without life-\n\nsustaining procedures, will soon result in death or a state of\n\npermanent unconsciousness from which recovery is unlikely; and\n\n4. \"Written, informed consent\" means a written document signed\n\nby the patient and attested to by the patient's physician and a\n\nwitness that, at a minimum:\n\na. explains the currently approved products and\n\ntreatments for the disease or condition from which the\n\npatient suffers,\n\nb. attests to the fact that the patient concurs with his\n\nor her physician in believing that all currently\n\napproved and conventionally recognized treatments are\n\nunlikely to prolong the patient's life,\n\nc. clearly identifies the specific proposed\n\ninvestigational drug, biological product or device\n\nthat the patient is seeking to use,\n\nd. describes the best and worst potential outcomes of\n\nusing the investigational drug, biological product or\n\ndevice with a realistic description of the most likely\n\noutcome, including the possibility that new,\n\nunanticipated, different or worse symptoms might\n\nresult, and that death could be hastened by the\n\nproposed treatment, based on the physician's knowledge\n\nof the proposed treatment in conjunction with an\n\nawareness of the patient's condition,\n\ne. makes clear that the patient's health insurer and\n\nprovider are not obligated to pay for any care or\n\ntreatments consequent to the use of the\n\ninvestigational drug, biological product or device,\n\nf. makes clear that the patient's eligibility for hospice\n\ncare may be withdrawn if the patient begins curative\n\ntreatment and care may be reinstated if the curative\n\ntreatment ends and the patient meets hospice\n\neligibility requirements,\n\ng. makes clear that in-home health care may be denied if\n\ntreatment begins, and\n\nh. states that the patient understands that he or she is\n\nliable for all expenses consequent to the use of the\n\ninvestigational drug, biological product or device,\n\nand that this liability extends to the patient's\n\nestate unless a contract between the patient and the\n\nmanufacturer of the drug, biological product or device\n\nstates otherwise.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8c44d46c3470b5e1e4a6238b35f6b9d05b006539720a1cfa58c59552b81ef96c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-3091.1","next":"us-ok/okla.-stat.-tit.-63-63-3091.3"},"notice":"GroundRules: Original legal text. Not legal advice."}