As used in this chapter, "clinical trial" means a Phase I, II, III, or IV research study:

1. (1) that is conducted:

   1. (A) using a particular care method to prevent, diagnose, or treat a cancer for which:

      1. (i) there is no clearly superior, noninvestigational alternative care method; and
      2. (ii) available clinical or preclinical data provides a reasonable basis from which to believe that the care method used in the research study is at least as effective as any noninvestigational alternative care method;

   2. (B) in a facility where personnel providing the care method to be followed in the research study have:

      1. (i) received training in providing the care method;
      2. (ii) expertise in providing the type of care required for the research study; and
      3. (iii) experience providing the type of care required for the research study to a sufficient volume of patients to maintain expertise; and
   3. (C) to scientifically determine the best care method to prevent, diagnose, or treat the cancer; and

2. (2) that is approved or funded by one (1) of the following:

   1. (A) A National Institutes of Health institute.
   2. (B) A cooperative group of research facilities that has an established peer review program that is approved by a National Institutes of Health institute or center.
   3. (C) The federal Food and Drug Administration.
   4. (D) The United States Department of Veterans Affairs.
   5. (E) The United States Department of Defense.
   6. (F) The institutional review board of an institution located in Indiana that has a multiple project assurance contract approved by the National Institutes of Health Office for Protection from Research Risks as provided in 45 CFR 46.103.
   7. (G) A research entity that meets eligibility criteria for a support grant from a National Institutes of Health center.

As added by P.L.109-2009, SEC.3.