NY Pub Health L § 2961 (2021)
2021 New York Laws PBH - Public Health Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2961 - Definitions.

§  2961.  Definitions. The following words or phrases, as 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,  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 practitioner.   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 law.   6. "Developmental disability"  means  a  developmental  disability  as defined  in subdivision twenty-two of section 1.03 of the mental hygiene law.   6-a. "Domestic partner" means a person who, with  respect  to  another person:  (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.