A.__Has a life-threatening or serious illness for which no standard treatment is effective;

B.__Is eligible to participate in an approved clinical trial according to the trial protocol with respect to treatment of that illness;

C.__Is offered meaningful potential for significant clinical benefit by participation in an approved clinical trial; and

D.__Meets one of the following criteria:

(1)__Is recommended for participation in the clinical trial by a participating provider who has concluded that the enrollee's participation in the trial is appropriate based upon the enrollee's meeting the conditions described in paragraphs A to C; or

(2)__Provides medical and scientific information that reasonably establishes that the enrollee's participation in the trial would be appropriate based upon the enrollee's meeting the conditions described in paragraphs A to C.

8.__Special condition. "Special condition" means a condition or disease that:

A.__Is life-threatening, degenerative or disabling; and

B.__Requires specialized medical care.

9.__Specialist. "Specialist" means a participating provider that has adequate expertise through appropriate specialty training and experience, including, in the case of a child, appropriate pediatric expertise to provide high quality care in treating the condition.

10.__Termination.__"Termination" includes the expiration or nonrenewal of a contract but does not include termination of a contract by the carrier for failure to meet applicable quality standards or for fraud.

Sec. 9. 24-A MRSA §4302, sub-§1, ¶H, as enacted by PL 1995, c. 673, Pt. C, §1 and affected by §2, is amended to read:

H. Procedures an enrollee must follow to obtain drugs and medicines that are subject to a plan list or plan formulary,