NY Pub Health L § 2980 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2980 - Definitions.

§  2980.  Definitions.  The  following  words or phrases, used in this   article, shall have the following meanings, unless the context otherwise   requires: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, physician assistant,   or nurse practitioner, licensed or certified pursuant to title eight  of   the education law, selected by or assigned to a patient, who has primary   responsibility  for  the  treatment  and care of the patient. Where more   than one physician, physician assistant, or  nurse  practitioner  shares   such responsibility, or where a physician, physician assistant, or nurse   practitioner  is acting on the attending practitioner's behalf, any such   physician, nurse practitioner, or physician assistant  may  act  as  the   attending practitioner pursuant to this article.2-a.  "Nurse  practitioner" means a nurse practitioner certified under   section sixty-nine hundred ten of the education law,  practicing  within   his or her scope of practice.2-b.  "Psychiatric  nurse  practitioner"  means  a  nurse practitioner   certified  by  the  department  of  education  as  a  psychiatric  nurse   practitioner.3.  "Capacity  to  make  health  care  decisions" means the ability to   understand and appreciate the nature and  consequences  of  health  care   decisions,  including  the benefits and risks of and alternatives to any   proposed health care, and to reach an informed decision.4. "Health care" means any treatment, service or procedure to diagnose   or treat an individual's physical or mental condition.5. "Health care agent" or "agent" means an adult to whom authority  to   make health care decisions is delegated under a health care proxy.6.  "Health  care decision" means any decision to consent or refuse to   consent to health care.7. "Health care provider" means an individual  or  facility  licensed,   certified,  or  otherwise  authorized  or permitted by law to administer   health care in the ordinary course of business or professional practice.8. "Health care proxy" means a document delegating  the  authority  to   make health care decisions, executed in accordance with the requirements   of this article.9.  "Hospital"  means a general hospital as defined in subdivision ten   of section two  thousand  eight  hundred  one  of  this  chapter  and  a   residential  health  care  facility  as  defined in subdivision three of   section two thousand eight hundred one of this  chapter,  and  a  mental   hygiene  facility  as  defined  in subdivision ten of this section and a   hospice as defined in subdivision one of section four  thousand  two  of   this chapter.9-a.  "Life-sustaining  treatment"  means  any  medical  treatment  or   procedure without which the patient will die within a  relatively  short   time,  as determined by an attending practitioner to a reasonable degree   of medical certainty. For  purposes  of  this  article,  cardiopulmonary   resuscitation  is presumed to be a life sustaining treatment without the   necessity of a determination by an attending practitioner.10. "Mental hygiene facility" means a residential facility,  excluding   family  care  homes, operated or licensed by the office of mental health   or the office for people with developmental disabilities.11. "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.12. "Principal" means a person who has executed a health care proxy. 13.  "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.14. "Residential health care facility" means a residential health care   facility  as  defined in subdivision three of section two thousand eight   hundred one of this chapter.15. "Qualified psychiatrist" means, for the purposes of this  article,   a  physician licensed to practice medicine in New York state who: (a) is   a diplomate of the American Board of  Psychiatry  and  Neurology  or  is   eligible  to  be  certified  by  that  board; or (b) is certified by the   American Osteopathic Board of Neurology and Psychiatry or is eligible to   be certified by that board.