2020 New York Laws
PBH - Public Health
Article 30-D - Emergency or Disaster Treatment Protection Act
3081 - Definitions.

§ 3081. Definitions. As used in this article:
  1.  The  term  "harm"  includes  physical and nonphysical contact that
results in injury to or death of an individual.
  2. The term "damages" means economic or non-economic losses  for  harm
to an individual.
  3.  The term "health care facility" means a hospital, nursing home, or
other facility licensed or authorized to provide  health  care  services
for  any  individual under article twenty-eight of this chapter, article
sixteen and article thirty-one of the mental  hygiene  law  or  under  a
COVID-19 emergency rule.
  4.  The  term  "health care professional" means an individual, whether
acting as an agent, volunteer, contractor, employee, or  otherwise,  who
is:
  (a)  licensed  or  otherwise authorized under title eight, article one
hundred thirty-one, one hundred thirty-one-B, one hundred  thirty-one-C,
one  hundred  thirty-seven,  one hundred thirty-nine, one hundred forty,
one  hundred  fifty-three,   one   hundred   fifty-four,   one   hundred
sixty-three,  one  hundred  sixty-four  or one hundred sixty-five of the
education law;
  (b)  a  nursing  attendant  or  certified  nurse  aide,  including  an
individual  who  is  providing  care  as  part  of  an  approved nursing
attendant or certified nurse aide training program;
  (c) licensed or certified under article  thirty  of  this  chapter  to
provide emergency medical services;
  (d)  a  home  care  services  worker  as defined in section thirty-six
hundred thirteen of this chapter;
  (e) providing health care  services  within  the  scope  of  authority
permitted by a COVID-19 emergency rule; or
  (f) a health care facility administrator, executive, supervisor, board
member,  trustee  or other person responsible for directing, supervising
or managing a health care facility and its personnel or other individual
in a comparable role.
  5. The term "health care services" means services provided by a health
care facility or a health care professional, regardless of the  location
where those services are provided, that relate to:
  (a) the diagnosis or treatment of COVID-19; or
  (b) the assessment or care of an individual as it relates to COVID-19,
when such individual has a confirmed or suspected case of COVID-19.
  6.  The  term "volunteer organization" means any organization, company
or institution that has made its facility  or  facilities  available  to
support the state's response and activities under the COVID-19 emergency
declaration  and  in  accordance  with any applicable COVID-19 emergency
rule.
  7. The term "COVID-19 emergency declaration" means the state  disaster
emergency  declared  for  the entire state by executive order number two
hundred two and any further amendments or modifications, and as  may  be
further extended pursuant to section twenty-eight of the executive law.
  8.  The  term  "COVID-19  emergency  rule"  means any executive order,
declaration, directive or other state or federal  authorization,  policy
statement, rule-making, or regulation that waives, suspends, or modifies
otherwise  applicable  state or federal law regarding scope of practice,
such as modifications authorizing physicians licensed in  another  state
to practice in the state of New York, or the delivery of care, including
those  regarding  the  facility space in which care is delivered and the
equipment  used  to  deliver  care,  during   the   COVID-19   emergency
declaration.