Section 2502 - [Effective 9/30/2025] DefinitionsFor purposes of this chapter:
(1) "Advance health-care directive" means a power of attorney for health care, health-care instruction, or both. The term includes an advance mental health-care directive.(2) "Advance mental health-care directive" means a power of attorney for health care, health-care instruction, or both, created under § 2509 of this title.(3) "Agent" means an individual appointed under a power of attorney for health care to make a health-care decision for the individual who made the appointment. The term includes a co-agent or alternate agent appointed under § 2520 of this title.(4) "Capacity" means having capacity under § 2503 of this title.(5) "Cohabitant" means each of two individuals who have been living together as a couple for at least one year after each became an adult or was emancipated and who are not married to each other or are not domestic partners with each other.(6) "Default surrogate" means an individual authorized under § 2512 of this title to make a health-care decision for another individual.(7) "Domestic partner" means an individual in a civil union or domestic partnership that is legally recognized in any state.(8) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(9) "Family member" means a spouse, domestic partner, adult child, parent, or grandparent, or an adult descendant of a spouse, domestic partner, child, parent, or grandparent.(10) "Guardian" means a person appointed under other law by a court to make decisions regarding the personal affairs of an individual, which may include health-care decisions. The term does not include a guardian ad litem.(11) "Health care" means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual's physical or mental illness, injury, or condition. The term includes mental health care.(12) "Health-care decision" means a decision made by an individual or the individual's surrogate regarding the individual's health care, including all of the following: a. Selection or discharge of a health-care professional or health-care institution.b. Approval or disapproval of a diagnostic test, surgical procedure, medication, therapeutic intervention, or other health care.c. Direction to provide, withhold, or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care.(13) "Health-care institution" means a facility or agency licensed, certified, or otherwise authorized or permitted by other law to provide health care in this State in the ordinary course of business.(14) "Health-care instruction" means a direction, whether or not in a record, made by an individual that indicates the individual's goals, preferences, or wishes concerning the provision, withholding, or withdrawal of health care. The term includes a direction intended to be effective if a specified condition arises.(15) "Health-care professional" means a physician or other individual licensed, certified, or otherwise authorized or permitted by other law of this State to provide health care in this State in the ordinary course of business or the practice of the physician's or individual's profession.(16) "Individual" means an adult or emancipated minor.(17) "Long-term care facility" means as defined in § 1102 of this title.(18) "Mental health care" means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual's mental illness or other psychiatric, psychological, or psychosocial condition.(19) "Nursing home" means a nursing facility as defined in § 1919(a)(1) of the Social Security Act, 42 U.S.C. § 1396r(a)(1) or skilled nursing facility as defined in § 1819(a)(1) of the Social Security Act, 42 U.S.C. § 1395i-3(a)(1).(20) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.(21) "Person interested in the welfare of the individual" means any of the following: a. The individual's surrogate.b. A family member of the individual.c. The cohabitant of the individual.d. A public entity providing health-care case management or protective services to the individual.e. A person appointed under other law to make decisions for the individual under a power of attorney for finances.f. A person that has an ongoing personal or professional relationship with the individual, including a person that has provided educational or health-care services or supported decision making to the individual.(22) "Physician" means an individual authorized to practice medicine under subchapter III, Chapter 17 of Title 24.(23) "Power of attorney for health care" means a record in which an individual appoints an agent to make health-care decisions for the individual.(24) "Reasonably available" means being able to be contacted without undue effort and being willing and able to act in a timely manner considering the urgency of an individual's health-care situation. When used to refer to an agent or default surrogate, the term includes being willing and able to comply with the duties under § 2517 of this title in a timely manner considering the urgency of an individual's health-care situation.(25) "Record" means information either: a. Inscribed on a tangible medium.b. Stored in an electronic or other medium and retrievable in perceivable form.(26) "Responsible health-care professional" means either:a. A health-care professional designated by an individual or the individual's surrogate to have primary responsibility for the individual's health care or for overseeing a course of treatment.b. In the absence of a designation under paragraph (26)a. of this section or, if the professional designated under paragraph (26)a. of this section is not reasonably available, a health-care professional who has primary responsibility for overseeing the individual's health care or for overseeing a course of treatment.(27) "Sign" means, with present intent to authenticate or adopt a record, to either: a. Execute or adopt a tangible symbol.b. Attach to or logically associate with the record an electronic symbol, sound, or process.(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.(29) "Supported decision making" means assistance, from one or more persons of an individual's choosing, that helps the individual make or communicate a decision, including by helping the individual understand the nature and consequences of the decision. Supported decision making is not limited to assistance provided under a supported decision-making agreement under Chapter 94A of this title.(30) "Surrogate" means any of the following: c. A guardian authorized to make health-care decisions.Added by Laws 2023, ch. 467,s 1, eff. 9/30/2025.