For purposes of this chapter:

1. (1) “Advanced practice registered nurse” or “APRN” means an individual with a valid Delaware APRN license.
2. (2) “Attending APRN” means an APRN designated by an individual to have primary responsibility for the individual’s terminal illness. “Attending APRN” does not mean an APRN who provides treatment that is limited to or primarily comprised of prescribing or dispensing medication to end life in a humane and dignified manner.
3. (3) “Attending physician” means a physician designated by an individual to have primary responsibility for the individual’s terminal illness. “Attending physician” does not mean a physician who provides treatment that is limited to or primarily comprised of prescribing or dispensing medication to end life in a humane and dignified manner.
4. (4) “Consulting APRN” means an APRN who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s terminal illness and is not designated by an individual to have primary responsibility for the individual’s health care.
5. (5) “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s terminal illness and is not designated by an individual to have primary responsibility for the individual’s health care.
6. (6) “Counseling” means 1 or more consultations, as necessary, between a psychiatrist or psychologist and an individual for the purpose of determining if the individual has decision-making capacity.
7. (7) “Decision-making capacity” means an individual’s ability to understand and appreciate the nature and consequences of a particular health-care decision, including the benefits and risks of that decision and alternatives to any proposed health care, and to reach an informed health-care decision.
8. (8) “Health-care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.
9. (9) “Health-care provider” means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care or dispense medication for individuals in the ordinary course of business or practice of a profession.

10. (10) “Informed decision” means a decision by an individual with a terminal illness to request and obtain a prescription for medication that the individual may self-administer to end their life in a humane and dignified manner. An “informed decision” is based on the individual’s appreciation of the relevant facts and is made after being fully informed by the attending physician or attending APRN of all of the following:

    1. a. The individual’s medical diagnosis.
    2. b. The individual’s prognosis.
    3. c. The potential risks associated with taking the medication to be prescribed.
    4. d. The expected result of taking the medication to be prescribed.
    5. e. The feasible alternative, concurrent, or additional treatment opportunities, including comfort care, hospice care, and pain control.
11. (11) “Medically confirmed” means a consulting physician or consulting APRN confirms the medical opinion of the attending physician or attending APRN after the consulting physician or consulting APRN examines the individual and the individual’s relevant medical records.
12. (12) “Physician” means an individual who possesses a valid Delaware license to practice medicine.
13. (13) “Psychiatrist” means an individual who possesses a valid Delaware license to practice medicine and has completed an accredited residency training program in psychiatry.
14. (14) “Psychologist” means an individual who possesses a valid Delaware license to practice psychology.
15. (15) “Qualified patient” means an individual who meets all of the requirements of § 2504C of this title.
16. (16) “Self-administer” means an individual performs an affirmative, conscious, voluntary, and final act to ingest medication into the individual’s body. “Self-administer” does not include administration through injection or intravenous infusion.
17. (17) “Terminal illness” means an incurable and irreversible disease, illness, or condition that as a medical probability, will result in death within 6 months.

85 Del. Laws, c. 19, § 1