Terms Used In New York Laws > Public Health > Article 29-B - Orders Not to Resuscitate For Residents of Mental Hygiene Facilities

• Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. Public Health Law 2961
• Arrest: Taking physical custody of a person by lawful authority.
• 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. See N.Y. Public Health Law 2961
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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. See N.Y. Public Health Law 2961
• Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. Public Health Law 2961
• 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. See N.Y. Public Health Law 2961
• Contract: A legal written agreement that becomes binding when signed.
• Dependent: A person dependent for support upon another.
• Developmental disability: means a developmental disability as defined in subdivision twenty-two of § 1. See N.Y. Public Health Law 2961
• 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. See N.Y. Public Health Law 2961
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. Public Health Law 2961
• Hospital: means a hospital as defined in subdivision ten of § 1. See N.Y. Public Health Law 2961
• Hospitalization: means the period during which a person is a patient in, or a resident of, a hospital. See N.Y. Public Health Law 2961
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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. See N.Y. Public Health Law 2961
• Mental illness: means a mental illness as defined in subdivision twenty of § 1. See N.Y. Public Health Law 2961
• Minor: means any person who is not an adult. See N.Y. Public Health Law 2961
• Nurse practitioner: means a nurse practitioner certified pursuant to § 6910 of the education law who is practicing in accordance with subdivision three of § 6902 of the education law. See N.Y. Public Health Law 2961
• Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. Public Health Law 2961
• Parent: means a parent who has custody of the minor. See N.Y. Public Health Law 2961
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means a person admitted to a hospital. See N.Y. Public Health Law 2961
• Personal property: All property that is not real property.
• 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. See N.Y. Public Health Law 2961
• 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. See N.Y. Public Health Law 2961
• Surrogate list: means the list set forth in subdivision two of section twenty-nine hundred sixty-five of this article. See N.Y. Public Health Law 2961
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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. See N.Y. Public Health Law 2961