Definitions.

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§ 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.



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