16 Del. C. § 2504C: Qualified patients: requirements [For application of this section, see 85 Del. Laws, c. 19, § 3].

(a) An individual who meets all of the following requirements is a qualified patient under this chapter:

(1) The individual is an adult resident of Delaware.

(2) The individual’s attending physician or attending APRN has completed all of the requirements under § 2508C of this title.

(3) A consulting physician or consulting APRN has completed all of the requirements under § 2509C of this title.

(4) The individual has made an informed decision to voluntarily request medication to end their life in a humane and dignified manner, under § 2505C of this title.

(b) An individual cannot be a qualified patient under this section solely because of the individual’s age or disability.

(c) A request for medication to end their life in a humane and dignified manner must be made by the individual with a terminal illness and may not be made by any other individual, including the terminally-ill individual’s guardian or other surrogate health-care decision maker or by the individual in an advance health-care directive.