N.Y. Public Health Law § 2994-aa: Definitions

§ 2994-aa. Definitions. 1. "Adult" means any person who is eighteen

years of age or older, or is the parent of a child or has married.

2. "Attending practitioner" means the physician, nurse practitioner or

physician assistant who has primary responsibility for the treatment and

care of the patient. Where more than one physician, nurse practitioner

or physician assistant shares such responsibility, any such physician,

nurse practitioner or physician assistant may act as the attending

practitioner pursuant to this article.

2-a. "Attending nurse practitioner" means the nurse practitioner who

has primary responsibility for the treatment and care of the patient.

Where more than one physician and/or nurse practitioner shares such

responsibility, any such physician or nurse practitioner may act as the

attending physician or attending nurse practitioner pursuant to this

article.

3. "Capacity" means the ability to understand and appreciate the

nature and consequences of a nonhospital order not to resuscitate,

including the benefits and disadvantages of such an order, and to reach

an informed decision regarding the order.

4. "Cardiopulmonary resuscitation" means measures, as specified in

regulations promulgated by the commissioner, to restore cardiac function

or to support ventilation in the event of a cardiac or respiratory

arrest. Such term shall not include measures to improve ventilation and

cardiac function in the absence of an arrest.

5. "Emergency medical services personnel" means the personnel of a

service or agency engaged in providing initial emergency medical

assistance, including but not limited to first responders, emergency

medical technicians, advanced emergency medical technicians and

personnel engaged in providing health care at correctional facilities,

as that term is defined in subdivision four of section two of the

correction law.

6. "Health care agent" means a health care agent of the patient

designated pursuant to article twenty-nine-C of this chapter.

7. "Health or social services practitioner" means a registered

professional nurse, nurse practitioner, physician, physician assistant,

psychologist or certified, licensed master social worker or licensed

clinical social worker, licensed or certified pursuant to the education

law, acting within his or her scope of practice.

8. "Home care services agency" means an entity certified, licensed or

exempt under article thirty-six of this chapter.

9. "Hospice" means a hospice as defined in article forty of this

chapter.

10. "Hospital" means a general hospital as defined in subdivision ten

of section twenty-eight hundred one of this chapter and a residential

health care facility as defined in subdivision three of section

twenty-eight hundred one of this chapter or a hospital as defined in

subdivision ten of section 1.03 of the mental hygiene law or a

developmental disabilities services office named in section 13.17 of the

mental hygiene law.

11. "Hospital emergency services personnel" means the personnel of the

emergency service of a general hospital, as defined in subdivision ten

of section twenty-eight hundred one of this chapter, including but not

limited to emergency services attending physicians, emergency services

registered professional nurses, and registered professional nurses,

nursing staff and registered physician assistants assigned to the

general hospital's emergency service.

13. "Nonhospital order not to resuscitate" means an order that directs

emergency medical services personnel, hospice personnel, home care

services agency personnel and hospital emergency services personnel not

to attempt cardiopulmonary resuscitation in the event a patient suffers

cardiac or respiratory arrest.

13-a. "Nurse practitioner" means a nurse practitioner certified

pursuant to section sixty-nine hundred ten of the education law who is

practicing in accordance with subdivision three of section sixty-nine

hundred two of the education law.

14. "Patient" means a person who has been or who may be issued a

nonhospital order not to resuscitate.

15. "Surrogate" means a person authorized to make a health care

decision on behalf of a patient pursuant to article twenty-nine-CC of

this chapter.