§ 24-7c-2

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 [Chapter 26, Article 1 NMSA 1978] to prescribe a medication to be used in medical aid in dying:(1) a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];(2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act [Chapter 61, Article

ing:(1) a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];(2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act [Chapter 61, Article 10 NMSA 1978]; (3) a nurse licensed in advanced practice pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978]; or(4) a physician assistant licensed pursuant to the Physician Assistant Act [61-6-7 to 61-6-10 NMSA 1978] 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 [24-7C-3 NMSA 1978] of the End-of-Life Options Act;I.

e provider who prescribes medical aid in dying medication;H. 'qualified individual' means an individual who has met the requirements of Section 3 [24-7C-3 NMSA 1978] of the End-of-Life Options Act;I. 'self-administer' means taking an affirmative, conscious, voluntary action to ingest a pharmaceutical substance; andJ. '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.History: Laws 2021, ch. 132, § 2. ANNOTATIONSEffective dates. — Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.Severability. — Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.