§ 24-7C-2. Definitions

As used in the End-of-Life Options Act: A. “ adult ” means a resident of the state who is eighteen years of age or older; B. “ capacity ” means an individual's ability to understand and appreciate health care options available to that individual, including significant benefits and risks, and to make and communicate an informed health care decision. A determination of capacity shall be made only according to professional standards of care and the provisions of Section 24-7A-11 NMSA 1978; C. “ health care entity ” means an entity, other than an individual, that is licensed to provide any form of health care in the state, including a hospital, clinic, hospice agency, home health agency, long-term care agency, pharmacy, group medical practice, medical home or any similar entity; D. “ health care provider ” means any of the following individuals authorized pursuant to the New Mexico Drug, Device and Cosmetic Act to prescribe a medication to be used in medical aid in dying: (1) a physician licensed pursuant to the Medical Practice Act; (2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act; (3) a nurse licensed in advanced practice pursuant to the Nursing Practice Act; or (4) a physician assistant licensed pursuant to the Physician Assistant Act or the Osteopathic Medicine Act; E. “ medical aid in dying ” means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death; F. “ mental health professional ” means a state-licensed psychiatrist, psychologist, master social worker, psychiatric nurse practitioner or professional clinical mental health counselor; G. “ prescribing health care provider ” means a health care provider who prescribes medical aid in dying medication; H. “ qualified individual ” means an individual who has met the requirements of Section 3 of the End-of-Life Options Act; I. “ self-administer ” means taking an affirmative, conscious, voluntary action to ingest a pharmaceutical substance; and J. “ terminal illness ” means a disease or condition that is incurable and irreversible and that, in accordance with reasonable medical judgment, will result in death within six months.