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Public Health (PBH) CHAPTER 45, ARTICLE 29-B
§ 2961. Definitions. The following words or phrases, as used in this
article, shall have the following meanings unless the context otherwise

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, licensed or certified pursuant to title eight of
the education law, selected by or assigned to a patient in a hospital
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.

3. "Capacity" means the ability to understand and appreciate the
nature and consequences of an 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 to restore cardiac
function or to support ventilation in the event of a cardiac or
respiratory arrest. Cardiopulmonary resuscitation shall not include
measures to improve ventilation and cardiac functions in the absence of
an arrest.

5. "Close friend" means any person, eighteen years of age or older,
who is a close friend of the patient, or relative of the patient (other
than a spouse, adult child, parent, brother or sister) who has
maintained such regular contact with the patient as to be familiar with
the patient's activities, health, and religious or moral beliefs and who
presents a signed statement to that effect to the attending

5-a. "Correctional facilities medical care personnel" means personnel
engaged in providing health care at correctional facilities, as that
term is defined in subdivision four of section two of the correction

6. "Developmental disability" means a developmental disability as
defined in subdivision twenty-two of section 1.03 of the mental hygiene

6-a. "Domestic partner" means a person who, with respect to another

(a) is formally a party in a domestic partnership or similar
relationship with the other person, entered into pursuant to the laws of
the United States or of any state, local or foreign jurisdiction, or
registered as the domestic partner of the other person with any registry
maintained by the employer of either party or any state, municipality,
or foreign jurisdiction; or

(b) is formally recognized as a beneficiary or covered person under
the other person's employment benefits or health insurance; or

(c) is dependent or mutually interdependent on the other person for
support, as evidenced by the totality of the circumstances indicating a
mutual intent to be domestic partners including but not limited to:
common ownership or joint leasing of real or personal property; common
householding, shared income or shared expenses; children in common;
signs of intent to marry or become domestic partners under paragraph (a)
or (b) of this subdivision; or the length of the personal relationship
of the persons.

Each party to a domestic partnership shall be considered to be the
domestic partner of the other party. "Domestic partner" shall not
include a person who is related to the other person by blood in a manner
that would bar marriage to the other person in New York state. "Domestic
partner" also shall not include any person who is less than eighteen
years of age or who is the adopted child of the other person or who is
related by blood in a manner that would bar marriage in New York state
to a person who is the lawful spouse of the other person.

8. "Health care agent" means a health care agent of the patient
designated pursuant to article twenty-nine-C of this chapter.

9. "Hospital" means a hospital as defined in subdivision ten of
section 1.03 of the mental hygiene law or a school named in section
13.17 of the mental hygiene law.

11. "Hospitalization" means the period during which a person is a
patient in, or a resident of, a hospital.

12. "Medically futile" means that cardiopulmonary resuscitation will
be unsuccessful in restoring cardiac and respiratory function or that
the patient will experience repeated arrest in a short time period
before death occurs.

14. "Mental illness" means a mental illness as defined in subdivision
twenty of section 1.03 of the mental hygiene law, provided, however,
that mental illness shall not include dementia, such as Alzheimer's
disease or other disorders related to dementia.

15. "Minor" means any person who is not an adult.

16. "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.

17. "Order not to resuscitate" means an order not to attempt
cardiopulmonary resuscitation in the event a patient suffers cardiac or
respiratory arrest.

18. "Parent" means a parent who has custody of the minor.

19. "Patient" means a person admitted to a hospital.

20. "Reasonably available" means that a person to be contacted can be
contacted with diligent efforts by an attending practitioner or another
person acting on behalf of the attending practitioner or the hospital.

21. "Surrogate" means the person selected to make a decision regarding
resuscitation on behalf of another person pursuant to section
twenty-nine hundred sixty-five of this article.

22. "Surrogate list" means the list set forth in subdivision two of
section twenty-nine hundred sixty-five of this article.

23. "Terminal condition" means an illness or injury from which there
is no recovery, and which reasonably can be expected to cause death
within one year.