Sec. 1. 18-A MRSA art. V, Part 9 is enacted to read:

PART 9

MAINE DEATH WITH DIGNITY ACT

§5-901.__Short title

This Part may be known and cited as the "Maine Death with Dignity Act."

§5-902.__Definitions

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.

(a)__"Adult" means a person who is 18 years of age or older.

(b)__"Attending physician" means a physician who has primary responsibility for the care of a patient and treatment of that patient's terminal disease.

(c)__"Capable" means not incapable.

(d)__"Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease.__The consulting physician may not be a partner or similar business associate of the attending physician and may not have an office in the same building as the attending physician.

(e)__"Counseling" means a consultation between a counselor and a patient to carry out the purposes set forth in section 5-907.

(f)__"Counselor" means a psychiatrist licensed under Title 32, chapter 48 or a psychologist licensed under Title 32, chapter 56.

(g)__"Health care provider" means a person licensed, certified or otherwise authorized or permitted by the laws of this State, to administer health care in the ordinary course of business or the practice of a profession and includes a health care facility.

(h)__"Incapable" means that, in the opinion of the patient's attending physician or consulting physician, a patient lacks the