The recommendation, prescription, treatment, or participation in the treatment of a terminal illness with an investigational drug, biological product, or device shall not permit:
(1) A licensing board to revoke a license, fail to renew a license, or take any other action against a physician's license;
(2) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against:
(A) A medical professional licensed under state law; or
(B) A hospital licensed under § 20-9-213; or
(3) An action against a hospital's Medicare certification.