N.Y. PBH Law § 2980 — New York Code / Act PBH / Article 29-C / Section 2980
Definitions
Status: in_force

§ 2980. Definitions. The following words or phrases, used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n  1. "Adult" means any person who is eighteen years of age or older, or\nis the parent of a child, or has married.\n  2. "Attending practitioner" means the physician, physician assistant,\nor nurse practitioner, licensed or certified pursuant to title eight of\nthe education law, selected by or assigned to a patient, who has primary\nresponsibility for the treatment and care of the patient. Where more\nthan one physician, physician assistant, or nurse practitioner shares\nsuch responsibility, or where a physician, physician assistant, or nurse\npractitioner is acting on the attending practitioner's behalf, any such\nphysician, nurse practitioner, or physician assistant may act as the\nattending practitioner pursuant to this article.\n  2-a. "Nurse practitioner" means a nurse practitioner certified under\nsection sixty-nine hundred ten of the education law, practicing within\nhis or her scope of practice.\n  2-b. "Psychiatric nurse practitioner" means a nurse practitioner\ncertified by the department of education as a psychiatric nurse\npractitioner.\n  3. "Capacity to make health care decisions" means the ability to\nunderstand and appreciate the nature and consequences of health care\ndecisions, including the benefits and risks of and alternatives to any\nproposed health care, and to reach an informed decision.\n  4. "Health care" means any treatment, service or procedure to diagnose\nor treat an individual's physical or mental condition.\n  5. "Health care agent" or "agent" means an adult to whom authority to\nmake health care decisions is delegated under a health care proxy.\n  6. "Health care decision" means any decision to consent or refuse to\nconsent to health care.\n  7. "Health care provider" means an individual or facility licensed,\ncertified, or otherwise authorized or permitted by law to administer\nhealth care in the ordinary course of business or professional practice.\n  8. "Health care proxy" means a document delegating the authority to\nmake health care decisions, executed in accordance with the requirements\nof this article.\n  9. "Hospital" means a general hospital as defined in subdivision ten\nof section two thousand eight hundred one of this chapter and a\nresidential health care facility as defined in subdivision three of\nsection two thousand eight hundred one of this chapter, and a mental\nhygiene facility as defined in subdivision ten of this section and a\nhospice as defined in subdivision one of section four thousand two of\nthis chapter.\n  9-a. "Life-sustaining treatment" means any medical treatment or\nprocedure without which the patient will die within a relatively short\ntime, as determined by an attending practitioner to a reasonable degree\nof medical certainty. For purposes of this article, cardiopulmonary\nresuscitation is presumed to be a life sustaining treatment without the\nnecessity of a determination by an attending practitioner.\n  10. "Mental hygiene facility" means a residential facility, excluding\nfamily care homes, operated or licensed by the office of mental health\nor the office for people with developmental disabilities.\n  11. "Mental illness" means a mental illness as defined in subdivision\ntwenty of section 1.03 of the mental hygiene law, provided, however,\nthat mental illness shall not include dementia, such as alzheimer's\ndisease or other disorders related to dementia.\n  12. "Principal" means a person who has executed a health care proxy.\n  13. "Reasonably available" means that a person to be contacted can be\ncontacted with diligent efforts by an attending practitioner or another\nperson acting on behalf of the attending practitioner or the hospital.\n  14. "Residential health care facility" means a residential health care\nfacility as defined in subdivision three of section two thousand eight\nhundred one of this chapter.\n  15. "Qualified psychiatrist" means, for the purposes of this article,\na physician licensed to practice medicine in New York state who: (a) is\na diplomate of the American Board of Psychiatry and Neurology or is\neligible to be certified by that board; or (b) is certified by the\nAmerican Osteopathic Board of Neurology and Psychiatry or is eligible to\nbe certified by that board.\n