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 N.M. Stat. Ann.;

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 [N.M. Stat. Ann. Chapter 26, Article 1] to prescribe a medication to be used in medical aid in dying:

(1)     a physician licensed pursuant to the Medical Practice Act [N.M. Stat. Ann. Chapter 61, Article 6];

(2)     an osteopathic physician licensed pursuant to the Osteopathic Medicine Act [N.M. Stat. Ann. Chapter 61, Article 10];

(3)     a nurse licensed in advanced practice pursuant to the Nursing Practice Act [N.M. Stat. Ann. Chapter 61, Article 3]; or

(4)     a physician assistant licensed pursuant to the Physician Assistant Act [61- 6-7 to 61-6-10 N.M. Stat. Ann.] 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 N.M. Stat. Ann.] 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.