1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 30-D: Emergency or Disaster Treatment Protection Act


Section 3081 Definitions

Public Health (PBH)

As used in this article:

  1. The term "harm" includes physical and nonphysical contact that results in injury to or death of an individual.

  2. The term "damages" means economic or non-economic losses for harm to an individual.

  3. The term "health care facility" means a hospital, nursing home, or other facility licensed or authorized to provide health care services for any individual under article twenty-eight of this chapter, article sixteen and article thirty-one of the mental hygiene law or under a COVID-19 emergency rule.

  4. The term "health care professional" means an individual, whether acting as an agent, volunteer, contractor, employee, or otherwise, who is:

  (a) licensed or otherwise authorized under title eight, article one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-one-C, one hundred thirty-seven, one hundred thirty-nine, one hundred forty, one hundred fifty-three, one hundred fifty-four, one hundred sixty-three, one hundred sixty-four or one hundred sixty-five of the education law;

  (b) a nursing attendant or certified nurse aide, including an individual who is providing care as part of an approved nursing attendant or certified nurse aide training program;

  (c) licensed or certified under article thirty of this chapter to provide emergency medical services;

  (d) a home care services worker as defined in section thirty-six hundred thirteen of this chapter;

  (e) providing health care services within the scope of authority permitted by a COVID-19 emergency rule; or

  (f) a health care facility administrator, executive, supervisor, board member, trustee or other person responsible for directing, supervising or managing a health care facility and its personnel or other individual in a comparable role.

  5. The term "health care services" means services provided by a health care facility or a health care professional, regardless of the location where those services are provided, that relate to:

  (a) the diagnosis, prevention, or treatment of COVID-19;

  (b) the assessment or care of an individual with a confirmed or suspected case of COVID-19; or

  (c) the care of any other individual who presents at a health care facility or to a health care professional during the period of the COVID-19 emergency declaration.

  6. The term "volunteer organization" means any organization, company or institution that has made its facility or facilities available to support the state's response and activities under the COVID-19 emergency declaration and in accordance with any applicable COVID-19 emergency rule.

  7. The term "COVID-19 emergency declaration" means the state disaster emergency declared for the entire state by executive order number two hundred two and any further amendments or modifications, and as may be further extended pursuant to section twenty-eight of the executive law.

  8. The term "COVID-19 emergency rule" means any executive order, declaration, directive or other state or federal authorization, policy statement, rule-making, or regulation that waives, suspends, or modifies otherwise applicable state or federal law regarding scope of practice, such as modifications authorizing physicians licensed in another state to practice in the state of New York, or the delivery of care, including those regarding the facility space in which care is delivered and the equipment used to deliver care, during the COVID-19 emergency declaration.