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This entry was published on 2020-06-19
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SECTION 2994-AA
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 29-CCC
§ 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.

12. "Mental hygiene facility" means a residential facility operated or
licensed by the office of mental health or the office for people with
developmental disabilities.

13. "Nonhospital order not to resuscitate" means an order that directs
emergency medical services personnel, hospice 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.