2013 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) 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 physician" means the physician 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  shares
  such  responsibility,  any  such  physician  may  act  as  the attending
  physician 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 physician.
    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.
    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 physician or another
  person acting on behalf of the attending physician 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.