Sections
Article 1 Short Title and Definitions: General Provisions
Article 2 the Department of Health
Article 2-A Prescription Drugs
Article 3 Local Health Organization
Article 4 Property and Hospitals in the Department of Health
Article 4-A Regulation of Body Piercing and Tattooing. 460 – 467
Article 4-B Tongue-Splitting 470
Article 5 Laboratories
Article 6 State Aid to Cities and Counties
Article 6-A Rape Crisis Intervention and Prevention Program 695 – 695-E
Article 7 Federal Grants-in-Aid 700 – 703
Article 8 State Health Research Council 800 – 803
Article 9 Primary Care Education and Training 900 – 907
Article 9-A New York State Small Business Health Insurance Partnership Program 921 – 922
Article 9-B Primary Care Servives Corps Practitioner Loan Repayment Program 923 – 924
Article 11 Public Water Supplies; Sewerage and Sewage Control
Article 13 Nuisances and Sanitation
Article 13-A State Camp Safety Advisory Council 1390
Article 13-B Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children 1391 – 1396
Article 13-D Regulation of Housing; Used as Accommodations by Employees of Certain Motels and Hotels 1399-J – 1399-M
Article 13-E Regulation of Smoking and Vaping in Certain Public Areas 1399-N – 1399-X
Article 13-F Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors 1399-AA – 1399-MM
Article 13-G Tobacco Escrow Funds 1399-NN – 1399-PP
Article 13-H Regulation of Sharps 1399-SS – 1399-WW
Article 14 Regulation of Camps for Children 1400 – 1407
Article 15 Insect Control
Article 16 Pesticide Control Board 1601 – 1609
Article 19 Crohn’S and Colitis Fairness Act 1900 – 1902
Article 20 Reporting of Alzheimer’S Disease 2000 – 2004-A
Article 20-A Alzheimer’S Community Assistance Program 2005 – 2009
Article 21 Control of Acute Communicable Diseases
Article 21-A Long-Term Care Resident and Employee Immunization Act 2190 – 2196
Article 22 Control of Tuberculosis
Article 23 Control of Sexually Transmitted Diseases
Article 24 Control of Malignant Diseases
Article 24-A Protection of Human Subjects 2440 – 2446
Article 24-B Information Program On Dioxin 2475
Article 24-C Information Program On Low-Level Radioactive Waste 2485
Article 24-D New York State Occupational Health Clinics Oversight Committee 2490 – 2490-A
Article 24-E Information About Hysterectomy 2495 – 2499-A
Article 25 Maternal and Child Health
Article 26 Helen Hayes Hospital 2600 – 2602
Article 26-A New York State Veterans’ Home 2630 – 2635
Article 27 Bureau of Chronic Disease and Geriatrics 2700 – 2702
Article 27-A Osteoporosis Preventation and Education 2705 – 2706
Article 27-AA New York State Kidney Disease Institute 2710 – 2712
Article 27-B Treatment of Hypertension
Article 27-C Birth Defects Institute 2730 – 2733
Article 27-CC New York State Traumatic Brain Injury Program 2740 – 2744
Article 27-D New York State Burns Care Institute 2750 – 2752
Article 27-DD State Advisory Panel On Hiv/hbv Infected Health Care Workers 2760 – 2761
Article 27-E the Acquired Immune Deficiency Syndrome Institute 2775 – 2779
Article 27-F HIV and Aids Related Information 2780 – 2787
Article 27-G Cystic Fibrosis Health Care Program 2795
Article 27-H* Diabetes Research and Education Program 2796
Article 27-H the Tick-Borne Disease Institute 2797 – 2798
Article 27-J Comprehensive Care Centers for Eating Disorders 2799-D – 2799-I
Article 27-K New York Wellness Works 2799-O – 2799-R
Article 28 Hospitals 2800 – 2826
Article 28-A Nursing Home Companies 2850 – 2869
Article 28-B Hospital Mortgage Loan Construction 2870 – 2883
Article 28-C Nurse Manpower Center 2890 – 2892
Article 28-D Practice of Nursing Home Administration
Article 28-E Review of Criminal History Information Concerning Prospective Employees of Nursing Homes and Home Care Services Agencies 2899 – 2899-A
Article 29 Hospital Survey, Planning and Review 2901 – 2907
Article 29-A Access to Community Health Care Services in Rural Areas
Article 29-AA Patient Centered Medical Homes 2959-A
Article 29-B Orders Not to Resuscitate for Residents of Mental Hygiene Facilities 2960 – 2979
Article 29-C Health Care Agents and Proxies 2980 – 2994
Article 29-CC Family Health Care Decisions Act 2994-A – 2994-U
Article 29-CCC Nonhospital Orders Not to Resuscitate 2994-AA – 2994-GG
Article 29CCCC Care Act (Caregiver Advise, Record and Enable Act) 2994-HH – 2994-MM
Article 29-D Health Information and Quality Improvement
Article 29-E Accountable Care Organizations 2999-N – 2999-R
Article 29-F Improved Integration of Health Care and Financing 2999-AA – 2999-BB
Article 29-G Telehealth Delivery of Services 2999-CC – 2999-DD
Article 29-I Medical Services for Foster Children 2999-GG
Article 30 Emergency Medical Services 3000 – 3032
Article 30-A Emergency Medical Services Personnel Training Act of Nineteen Hundred Eighty-Six 3050 – 3053
Article 30-B Emergency Medical, Trauma and Disaster Care 3060 – 3066
Article 30-C Emergency Medical Services for Children 3070 – 3075
Article 31 Human Blood and Transfusion Services
Article 32 Live Pathogenic Microorganisms or Viruses 3200 – 3203
Article 32-A Recombinant DNA Experiments 3220 – 3223
Article 33 Controlled Substances
Article 33-A Controlled Substances Therapeutic Research Act 3397-A – 3397-F
Article 34 Funeral Directing
Article 35 Practice of Radiologic Technology
Article 35-A Ultraviolet Radiation Devices 3550 – 3555
Article 36 Home Care Services 3600 – 3622
Article 36-A Medical Equipment Service Agencies 3650 – 3656
Article 37 Physician Assistants 3700 – 3703
Article 37-A Specialist Assistants 3710 – 3711
Article 38 Veterans Health Manpower Center 3800 – 3803
Article 39 New York State Center for Agricultural Medicine and Health 3900 – 3908
Article 40 Hospice 4000 – 4015
Article 41 Vital Statistics
Article 42 Cadavers
Article 43 Anatomical Gifts 4300 – 4310
Article 43-A Request for Consent to an Anatomical Gift 4351
Article 43-B Organ, Tissue and Body Parts Procurement and Storage 4360 – 4368
Article 44 Health Maintenance Organizations 4400 – 4414
Article 45 Medical Referral Services 4500 – 4503
Article 46 Continuing Care Retirement Communities 4600 – 4624
Article 46-A Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4650 – 4676
Article 46-B Assisted Living
Article 47 Shared Health Facilities 4700 – 4718
Article 48 Toxic Substances 4800 – 4808
Article 49 Utilization Review and External Appeal
Article 50 Separability Clause; Saving Clause; Construction; Laws Repealed; Time of Taking Effect 5000 – 5003

Terms Used In New York Laws > Public Health

  • Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. New York City Administrative Code 27-881
  • ACO: means an organization of clinically integrated health care providers certified by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
  • Addict: means a person who habitually uses a controlled substance for a non-legitimate or unlawful use, and who by reason of such use is dependent thereon. See N.Y. Public Health Law 3302
  • Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement. See N.Y. Family Court Law 1036
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. See N.Y. Public Health Law 3302
  • Administrator: means an entity with which the commissioner contracts for the purpose of administering elements of the preferred drug program, as established under section two hundred seventy-two of this article or the clinical drug review program established under section two hundred seventy-four of this article. See N.Y. Public Health Law 270
  • adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. New York City Administrative Code 27-943
  • 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. New York City Administrative Code 7-501
  • 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. New York City Administrative Code 7-606
  • Adult: means any person who is eighteen years of age or older or has married. See N.Y. New York City Administrative Code 7-626
  • Adult home: means an adult home as defined by subdivision twenty-five of section two of the social services law. See N.Y. Public Health Law 4651*2
  • Advanced life support first response service: means an organization which provides advanced life support care, but does not transport patients. See N.Y. New York City Administrative Code 8-205
  • Advanced emergency medical technician: means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of this article. See N.Y. New York City Administrative Code 8-205
  • Advanced life support care: means definitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system. See N.Y. New York City Administrative Code 8-205
  • Advanced life support system: means an organized acute medical care system to provide advanced life support care on site or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
  • Advertisement: means the publication, dissemination, circulation, or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by radio or television or any other means. See N.Y. Public Health Law 3400
  • Advisory council: shall mean the state heritage areas advisory council established under article thirty-three of this title. See N.Y. Parks, recreation and historic preservation Law 31.01
  • Affordable workforce housing: means housing for individuals and families at or below one hundred thirty percent of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. See N.Y. Public Health Law 306
  • After-care: shall mean any assistance provided by a caregiver to a patient under this article after the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See N.Y. New York City Administrative Code 8-116
  • agency: shall include a corporate governmental agency established pursuant to article fifteen-A of this chapter. See N.Y. Public Health Law 230-B
  • agency: shall mean a department of housing preservation and development. See N.Y. Public Health Law 278
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See N.Y. Public Health Law 3302
  • agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. New York City Administrative Code 7-606
  • Aggravated circumstances: means where a child has been either severely or repeatedly abused, as defined in subdivision eight of section three hundred eighty-four-b of the social services law; or where a child has subsequently been found to be an abused child, as defined in paragraph (i) or (iii) of subdivision (e) of this section, within five years after return home following placement in foster care as a result of being found to be a neglected child, as defined in subdivision (f) of this section, provided that the respondent or respondents in each of the foregoing proceedings was the same; or where the court finds by clear and convincing evidence that the parent of a child in foster care has refused and has failed completely, over a period of at least six months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect if returned to the parent, and has failed to secure services on his or her own or otherwise adequately prepare for the return home and, after being informed by the court that such an admission could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services independently or otherwise prepare for the child's return home; provided, however, that if the court finds that adequate justification exists for the failure to engage in or secure such services, including but not limited to a lack of child care, a lack of transportation, and an inability to attend services that conflict with the parent's work schedule, such failure shall not constitute an aggravated circumstance; or where a court has determined a child five days old or younger was

    abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner. See N.Y. Family Court Law 1012

  • Aging in place: means , care and services at a facility which possesses an enhanced assisted living certificate which, to the extent practicable, within the scope of services set forth in the written residency agreement executed pursuant to section four thousand six hundred fifty-eight of this article, accommodates a resident's changing needs and preferences in order to allow such resident to be admitted to or remain in the residence as long as the residence is able and authorized to accommodate the resident's current and changing needs. See N.Y. Public Health Law 4651*2
  • agreements: shall mean continuing care at home or continuing care retirement contracts as defined in this article. See N.Y. New York City Administrative Code 10-203
  • Agricultural and farmland protection: means the preservation, conservation, management or improvement of lands which are part of viable farming operations, for the purpose of encouraging such lands to remain in agricultural production. See N.Y. New York City Administrative Code 5-360
  • Agricultural data statement: means an identification of farm operations within an agricultural district located within five hundred feet of the boundary of property upon which an action requiring municipal review and approval by the planning board, zoning board of appeals, town board, or village board of trustees pursuant to article sixteen of the town law or article seven of the village law is proposed, as provided in section three hundred five-b of this article. See N.Y. New York City Administrative Code 5-340
  • AIDS home care program: means a coordinated plan of care and services provided at home to persons who are medically eligible for placement in a hospital or residential health care facility and who (a) are diagnosed by a physician as having acquired immune deficiency syndrome (AIDS), or (b) are deemed by a physician, within his judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who has an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection. See N.Y. New York City Administrative Code 9-117
  • Ambulance service: means an individual, partnership, association, corporation, municipality or any legal or public entity or subdivision thereof engaged in providing emergency medical care and the transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
  • Animal: as used in this article , includes every living creature except a human being;

    2. See N.Y. New York City Administrative Code 5-373

  • Applicant: shall mean the county, city, town or village submitting an application in the manner authorized by local law for designation of an area as an empire zone. See N.Y. Public Health Law 367
  • Applicant: means a for-profit entity or not-for-profit corporation and includes: board members, officers, managers, owners, partners, principal stakeholders and members who submit an application to become a registered organization. See N.Y. Public Health Law 3360
  • Applicant: shall mean the entity which submits an assisted living licensure application with the department pursuant to title two or three of this article. See N.Y. Public Health Law 4651*2
  • approved: as used in this title shall mean a provider who is approved by the department in accordance with department regulations and has entered into an agreement with the department for the provision of evaluations, service coordination or early intervention services. See N.Y. Public Health Law 2550
  • Approved plan: as used in this article means a plan of library service by a public library system approved by the commissioner subsequent to May first, nineteen hundred fifty-eight. See N.Y. New York City Administrative Code 27-866
  • approved program: means a program for the education of physician assistants which has been formally approved by the education department. See N.Y. New York City Administrative Code 9-150
  • Approved project: shall mean a project approved as provided by this article. See N.Y. Public Health Law 2140
  • Area of high risk: means an area designated as such by the commissioner or his representative and consisting of one or more dwellings in which a condition conducive to lead poisoning of children is present. See N.Y. Public Health Law 1370
  • assisted living residence: means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. See N.Y. Public Health Law 4651*2
  • Attending nurse practitioner: means the nurse practitioner 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. New York City Administrative Code 7-501
  • Attending nurse practitioner: means a nurse practitioner, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
  • 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. See N.Y. New York City Administrative Code 7-501
  • Attending physician: means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-606
  • Attending physician: means a physician, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. New York City Administrative Code 27-943
  • Authorized commercial lessor: shall mean a person, firm or corporation other than a licensee to conduct bingo under the provisions of this article, who or which shall own or be a net lessee of premises and offer the same for leasing by him or it to an authorized organization for any consideration whatsoever, direct or indirect, for the purpose of conducting bingo therein, provided that he or it, as the case may be, shall not be

    (a) a person convicted of a crime who has not received a pardon or a certificate of good conduct or a certificate of relief from disabilities pursuant to article twenty-three of the correction law;

    (b) a person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;

    (c) a public officer who receives any consideration, direct or indirect, as owner or lessor of premises offered for the purpose of conducting bingo therein;

    (d) a firm or corporation in which a person defined in subdivision (a), (b) or (c) above or a person married or related in the first degree to such a person has greater than a ten percentum (10%) proprietary, equitable or credit interest or in which such a person is active or employed. See N.Y. Public Health Law 201

  • Authorized organization: shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of one year immediately prior to applying for a license under this article. See N.Y. Public Health Law 201
  • Average full valuation of taxable real property: means the valuation obtained by taking the assessed valuation of taxable real property in the district as it appears upon the last completed and four preceding assessment rolls of the municipality and dividing each by the applicable state equalization rate as determined by the commissioner of taxation and finance pursuant to article twelve of the real property tax law for each of the assessment rolls and dividing the sum of the quotients thus obtained by five. See N.Y. Public Health Law 405
  • Bidis: means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendra leaf (diospyros exculpra), or any other product offered to consumers as "beedies" or "bidis". See N.Y. Family Court Law 1024
  • Bingo control law: shall mean article nineteen-B of the executive law. See N.Y. Public Health Law 201
  • Birth-related neurological injury: means an injury to the brain or spinal cord of a live infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation, or by other medical services provided or not provided during delivery admission, that rendered the infant with a permanent and substantial motor impairment or with a developmental disability as that term is defined by section 1. See N.Y. Public Health Law 2999-H
  • Blood bank: means a facility for the collection, processing, storage and/or distribution of human blood, blood components or blood derivatives. See N.Y. Public Health Law 571
  • Board: shall mean the drug utilization review board. See N.Y. Public Health Law 270
  • Board: shall mean the board of trustees of the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
  • Board: shall mean the medical equipment service agency advisory board created by section thirty-six hundred fifty-five of this article. See N.Y. New York City Administrative Code 9-143
  • Board: means the board of examiners of nursing home administrators as provided for in this article. See N.Y. Public Health Law 2895-A
  • Board of supervisors: shall mean the elective governing body of a county, by whatever name designated. See N.Y. Public Health Law 2140
  • Body piercing: shall mean the piercing of any part of the body, except the ear. See N.Y. Family Court Law 781
  • Body piercing specialist: shall mean any person who performs body piercing on the body of any other person. See N.Y. Family Court Law 781
  • Body piercing studio: shall mean any premises in which the body piercing specialist conducts such practice. See N.Y. Family Court Law 781
  • Bridge: shall mean any structure whether of single or multiple span construction with a clear span in excess of five feet with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Public Health Law 2140
  • Bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening. See N.Y. Public Health Law 2165
  • Burial: includes transportation and/or cremation. See N.Y. Public Health Law 3400
  • By means of the internet: means any sale, delivery, distribution, or dispensing of a controlled substance that uses the internet, is initiated by use of the internet or causes the internet to be used. See N.Y. Public Health Law 3302
  • 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. New York City Administrative Code 7-501
  • Capacity to make health care decisions: means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-606
  • Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-501
  • 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. See N.Y. New York City Administrative Code 7-626
  • Caregiver: shall mean any individual duly identified as a caregiver by a patient under this article who provides after-care assistance to a patient living in his or her residence. See N.Y. New York City Administrative Code 8-116
  • certificate: means a certificate of authority issued by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
  • certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a continuing care retirement community and to enter into continuing care retirement contracts and continuing care at home contracts pertaining to such community. See N.Y. New York City Administrative Code 10-203
  • certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a fee-for-service continuing care retirement community and to enter into fee-for-service continuing care contracts pertaining to such community. See N.Y. New York City Administrative Code 10-604
  • Certified first responder: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. See N.Y. New York City Administrative Code 8-205
  • Certified home health agency: means a home care services agency which possesses a valid certificate of approval issued pursuant to the provisions of this article, or a residential health care facility or hospital possessing a valid operating certificate issued under article twenty-eight of this chapter which is authorized under section thirty-six hundred ten of this article to provide a long term home health care program. See N.Y. New York City Administrative Code 9-117
  • Certified medical use: means the acquisition, possession, use, or, transportation of medical marihuana by a certified patient, or the acquisition, possession, delivery, transportation or administration of medical marihuana by a designated caregiver, for use as part of the treatment of the patient's serious condition, as authorized in a certification under this title including enabling the patient to tolerate treatment for the serious condition. See N.Y. Public Health Law 3360
  • Certified patient: means a patient who is a resident of New York state or receiving care and treatment in New York state as determined by the commissioner in regulation, and is certified under section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Chief executive: shall mean (i) a county executive or manager of a county; (ii) in a county not having a county executive or manager, the chairperson or other presiding officer of the county legislative body; (iii) a mayor of a city or village, except where a city or village has a

    manager, it shall mean such a manager; or (iv) a supervisor of a town, except where a town has a manager, it shall mean such manager. See N.Y. Public Health Law 367

  • Chief fiscal officer: means a comptroller, commissioner of finance, director of finance or other officer possessing similar powers and duties, except that in a school district the term shall not mean a member of the board of education or a trustee thereof. See N.Y. Public Health Law 347
  • Child: means any person or persons alleged to have been abused or neglected, whichever the case may be;

    (c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;

    (d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;

    (e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care

    (i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or

    (ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or

    (iii) (A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law; (B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012

  • child born out of wedlock: when used in this article, refers to a child whose father is not its mother's husband. See N.Y. Public Health Law 4135
  • Child protective agency: means the child protective service of the appropriate local department of social services or such other agencies with whom the local department has arranged for the provision of child protective services under the local plan for child protective services or an Indian tribe that has entered into an agreement with the state department of social services pursuant to section thirty-nine of the social services law to provide child protective services. See N.Y. Family Court Law 1012
  • Children at risk: means children who may experience a disability because of medical, biological or environmental factors which may produce developmental delay, as determined by the commissioner through regulation. See N.Y. Public Health Law 2541
  • Children with physical disabilities: means any persons under twenty-one years of age who are disabled by reason of a defect or disability, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limiting the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumatic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphatic diseases, including, but not limited to: insufficiency of lymphatic circulatory function (to include all forms of lymphedema, both primary and secondary); lipedema; complex vascular diseases of the lymphatic

    vasculature,

    including

    lymphangiomatosis, lymphangioleio-myomatosis, lymphangiectasias, lymphangiomas, cystic hygromas,

    Gorham's

    disease,

    lymphangiosarcoma,

    and complex vascular/lymphatic malformations and syndromes, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of mental retardation. See N.Y. Public Health Law 2581

  • cigarette: includes "roll-your-own" (i. See N.Y. Family Court Law 1036
  • Claimant: means a person who asserts ownership or some other legal right to undocumented property held by the office. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Clean energy research and development enterprise: shall mean any electric generating facility that used pulverized coal technology, circulating fluidized bed technology or integrated gasification combined cycle technology and that is capable of capturing carbon dioxide for sequestration or capable of being retrofitted to capture carbon dioxide for sequestration. See N.Y. Public Health Law 367
  • Clinical: shall mean activities directly relating to the treatment or diagnosis of human ailments. See N.Y. Uniform Commercial Code 9-617
  • Clinical drug review program: means the clinical drug review program created by section two hundred seventy-four of this article. See N.Y. Public Health Law 270
  • Clinical laboratory: means a facility for the microbiological, immunological, chemical, hematological, biophysical, cytological, pathological, genetic, or other examination of materials derived from the human body, for the purpose of obtaining information for the diagnosis, prevention, or treatment of disease or the assessment of a health condition or for identification purposes. See N.Y. Public Health Law 571
  • Clinical laboratory services: shall mean the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body, for the purposes of obtaining information for the diagnosis, prevention, or treatment of disease or the assessment of health condition. See N.Y. Public Health Law 238
  • 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. See N.Y. New York City Administrative Code 7-501
  • Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or a 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. See N.Y. New York City Administrative Code 7-626
  • CMS: means the federal centers for Medicare and Medicaid services. See N.Y. New York City Administrative Code 8-122
  • CMS regulations: means applicable federal laws and CMS regulations and policies. See N.Y. New York City Administrative Code 8-122
  • commission: shall mean the Michigan Street African American Heritage Corridor commission created pursuant to this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • commission: shall mean the Albany Pine Bush preserve commission created pursuant to section 46-0105 of this article. See N.Y. Public Authorities Law 153-A
  • commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. Public Health Law 201
  • Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Public Health Law 2140
  • Commissioner: shall mean the commissioner of health. See N.Y. Family Court Law 781
  • Commissioner: means the commissioner of environmental conservation of the state of New York. See N.Y. Public Health Law 1380
  • Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
  • Commissioner: shall mean the commissioner of health. See N.Y. New York City Administrative Code 10-203
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. New York City Administrative Code 5-310
  • community: shall mean a facility or facilities established to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life and which, pursuant to a contract, at a minimum:

    a. See N.Y. New York City Administrative Code 10-203

  • Community: shall mean a fee-for-service continuing care retirement community established pursuant to this article. See N.Y. New York City Administrative Code 10-604
  • Community development projects: shall mean projects sponsored by not-for-profit organizations which have been approved by the zone board, which will advance the zone development plan. See N.Y. Public Health Law 367
  • Complete application: shall mean an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review as to matters contained in the application in order to enable the department to make the findings and determinations required by law. See N.Y. Public Authorities Law 208
  • Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug with respect to an outsourcing facility under section 503B of the federal Food, Drug and Cosmetic Act and further defined in this section. See N.Y. Public Health Law 3302
  • comprehensive community plan: shall mean and be interchangeable with "master plan" or "general plan. See N.Y. Public Health Law 230-B
  • condition conducive to lead poisoning: means : (i) paint or other similar surface-coating material containing lead in a condition accessible for ingestion or inhalation or where peeling or chipping of the paint or other similar surface-coating material occurs or is likely to occur; and (ii) other environmental conditions which may result in significant lead exposure. See N.Y. Public Health Law 1370
  • Conservation measures: means any actions taken to preserve or stabilize a property including, but not limited to, proper storage support, cleaning, proper lighting, and restoration. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Construction: means the addition or deletion of services offered; a change in the agency's geographic service area; the erection, building, or substantial acquisition or alteration of a physical structure or equipment; or a substantial change in the method of providing services. See N.Y. New York City Administrative Code 9-117
  • Construction: means construction as defined in section thirty-six hundred two of this chapter. See N.Y. New York City Administrative Code 10-112
  • continuing care at home contract: shall mean a single contract to provide a person the services provided by a continuing care retirement community. See N.Y. New York City Administrative Code 10-203
  • Contract: means any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. See N.Y. Public Health Law 347
  • Controlled substance: means a substance or substances listed in section thirty-three hundred six of this chapter. See N.Y. Public Health Law 3302
  • Controlling person: means any person who by reason of a direct or indirect ownership interest, whether of record or beneficial, has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of said corporation, partnership or other entity. See N.Y. Public Health Law 4651*2
  • Conversion: means an outward or affirmative act changing the use of agricultural land and shall not mean the nonuse or idling of such land. See N.Y. New York City Administrative Code 5-340
  • Coordinated standards and procedures: means standards and procedures developed by state early intervention service agencies pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541
  • Cost benefit analysis: shall mean , for purposes of paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article, a method of determining whether to certify a business enterprise based on the business enterprise's projected job creation and/or investment in the zone versus the total amount of empire zone tax benefits the business enterprise will potentially be allowed to use and

    have refunded to it and shall be a ratio of at least 10:1 for manufacturing enterprises and 20:1 for all other business enterprises, the numerator of which is the sum of (i) the estimated value of all wages and benefits paid for the first three years of certification to all existing and projected employees of the business enterprise in the zone and (ii) the estimated value of capital investments for the first three years of certification in the zone, and the denominator of which is the estimated amount of total empire zone tax benefits that may be used and may be refunded for the first three years of certification. See N.Y. Public Health Law 367

  • Council: shall mean the Hudson river valley greenway communities council reenacted pursuant to section 44-0105 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Council: means the advisory council on lead poisoning prevention established pursuant to section thirteen hundred seventy-b of this title. See N.Y. Public Health Law 1370
  • Council: means the early intervention coordinating council established under section twenty-five hundred fifty-three of this title. See N.Y. Public Health Law 2541
  • Council: means the New York state council on graduate medical education. See N.Y. Family Court Law 834
  • Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this article. See N.Y. New York City Administrative Code 10-203
  • Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter. See N.Y. New York City Administrative Code 10-604
  • Countryside: shall mean the cities, towns and villages within the greenway which do not border the Hudson river. See N.Y. Parks, recreation and historic preservation Law 41.03
  • County superintendent: shall mean the county superintendent of highways. See N.Y. Public Health Law 2140
  • county superintendent of highways: shall include county engineer or other officer performing similar duties to county superintendent in counties having no superintendent of highways. See N.Y. Public Health Law 1301
  • criteria: shall mean natural and cultural resource protection, regional planning, economic development, public access and heritage environmental education identified as the basis for attaining the goal of a Hudson river valley greenway. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Critically ill or injured: means at high risk of dying from illnesses or injuries. See N.Y. New York City Administrative Code 8-907
  • cruelty: includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. See N.Y. New York City Administrative Code 5-373
  • Culvert: shall mean any structure whether of single or multiple span construction with an interior width of five feet or less with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Public Health Law 2140
  • Culvert: means a structure whether of single or multiple span construction within an interior width of twenty feet or less when measurement is made horizontally along the center line of roadway from face to face of abutments or sidewalls immediately below the copings or fillets; or, if there are no copings or fillets at points six inches below the bridge seats or immediately under the top slab in the case of frame structures. See N.Y. Public Health Law 2165
  • Dealer: shall mean a person engaged in the business of selling snowmobiles at wholesale or retail. See N.Y. Parks, recreation and historic preservation Law 21.05
  • Decision-making capacity: means the ability to understand and appreciate the nature and consequences of proposed health care, including the benefits and risks of and alternatives to proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-626
  • Decisions regarding hospice care: means the decision to enroll or disenroll in hospice, and consent to the hospice plan of care and modifications to that plan. See N.Y. New York City Administrative Code 7-626
  • delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
  • Density bonus: means a density increase of at least ten percent over the otherwise maximum allowable residential density or floor area ratio if part of a mixed-use development under the applicable zoning ordinance and comprehensive plan as of the date of the application by the applicant to the local government. See N.Y. Public Health Law 306
  • Department: shall mean the department of health. See N.Y. Family Court Law 781
  • Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
  • Designated caregiver: means the individual designated by a certified patient in a registry application. See N.Y. Public Health Law 3360
  • Developmental delay: means that a child has not attained developmental milestones expected for the child's chronological age, as measured by qualified professionals using appropriate diagnostic instruments and/or procedures and informed clinical opinion, in one or more of the following areas of development: cognitive, physical, communication, social or emotional, or adaptive. See N.Y. Public Health Law 2541
  • Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-501
  • Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-626
  • Direct marketing: means the sale of farm and food products directly from producers to consumers and food buyers. See N.Y. New York City Administrative Code 5-328
  • Direct supervision: means a physician must be present in the section of the facility where the procedure is being performed and is not concurrently encumbered by responsibilities that would preclude the physician from responding to a request for assistance within a timeframe that poses no risk to the patient. See N.Y. Public Health Law 3501
  • Director: means the person who is responsible for administration of the technical and scientific operation of a clinical laboratory or blood bank, including supervision of procedures and reporting of findings of tests. See N.Y. Public Health Law 571
  • Disability: means :

    (a) a developmental delay; or

    (b) a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome or other chromosomal abnormalities, sensory impairments, inborn errors of metabolism or fetal alcohol syndrome. See N.Y. Public Health Law 2541

  • Disaster preparedness: means the state of readiness necessary to respond to natural or man-made disasters, including but not limited to biologic, nuclear, incendiary, chemical, and explosive disasters. See N.Y. New York City Administrative Code 8-907
  • Discharge: shall mean a patient's exit or release from a hospital to the patient's residence following an inpatient admission. See N.Y. New York City Administrative Code 8-116
  • Disclosure statement: means a written statement submitted initially and/or amended annually containing such information as the commissioner by regulation may require on forms to be prescribed by the commissioner. See N.Y. Family Court Law 1039-B
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
  • dispositional hearing: means in the case of a petition under this article a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 833
  • dispositional hearing: means a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 1045
  • Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
  • Distributor: means a person who distributes a controlled substance. See N.Y. Public Health Law 3302
  • District: means a business improvement district established pursuant to this article. See N.Y. Public Health Law 405
  • District charge: means a levy imposed on behalf of the district as provided in the district plan. See N.Y. Public Health Law 405
  • districts: shall mean areas made of neighboring communities within the greenway and designated by the council for the purpose of regional planning. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
  • DNA: means deoxyribonucleic acid. See N.Y. New York City Administrative Code 9-101
  • 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. New York City Administrative Code 7-501

  • 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. New York City Administrative Code 7-626

  • drug: means a drug defined in subdivision seven of section sixty-eight hundred two of the education law, for which a prescription is required under the federal food, drug and cosmetic act. See N.Y. Public Health Law 270
  • Drug: means

    (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

    (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and

    (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302

  • Drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug user. See N.Y. Public Health Law 520
  • Drug trafficker: means a person convicted of a class A or class B felony controlled substance or marijuana offense who, in connection with the criminal conduct for which he or she stands convicted, possessed,

    distributed, sold or conspired to sell a controlled substance or marijuana which, by virtue of its quantity, the person's prominent role in the enterprise responsible for the sale or distribution of such controlled substance and other circumstances related to such criminal conduct indicate that such person's criminal possession, sale or conspiracy to sell such substance was not an isolated occurrence and was part of an ongoing pattern of criminal activity from which such person derived substantial income or resources and in which such person played a leadership role. See N.Y. Public Health Law 520

  • Drug user: means the individual whose illegal drug use is the basis of an action brought pursuant to this article. See N.Y. Public Health Law 520
  • Dwelling: means a building or structure or portion thereof, including the property occupied by and appurtenant to such dwelling, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and shall, without limiting the foregoing, include child care facilities for children under six years of age, kindergartens and nursery schools. See N.Y. Public Health Law 1370
  • e-cigarette: means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device. See N.Y. Family Court Law 1024
  • Early intervention official: means an appropriate municipal official designated by the chief executive officer of a municipality and an appropriate designee of such official. See N.Y. Public Health Law 2541
  • Early intervention services: means developmental services that:

    (a) are provided under public supervision;

    (b) are selected in collaboration with the parents;

    (c) are designed to meet a child's developmental needs in any one or more of the following areas:

    (i) physical development, including vision and hearing,

    (ii) cognitive development,

    (iii) communication development,

    (iv) social or emotional development, or

    (v) adaptive development;

    (d) meet the coordinated standards and procedures;

    (e) are provided by qualified personnel;

    (f) are provided in conformity with an IFSP;

    (g) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;

    (h) include, as appropriate:

    (i) family training, counseling, home visits and parent support groups,

    (ii) special instruction,

    (iii) speech pathology and audiology,

    (iv) occupational therapy,

    (v) physical therapy,

    (vi) psychological services,

    (vii) case management services, hereafter referred to as service coordination services,

    (viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,

    (ix) early identification, screening, and assessment services,

    (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,

    (xi) nursing services,

    (xii) nutrition services,

    (xiii) social work services,

    (xiv) vision services,

    (xv) assistive technology devices and assistive technology services,

    (xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and

    (xvii) other appropriate services approved by the commissioner. See N.Y. Public Health Law 2541

  • Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Public Health Law 3302
  • Electronic arraignment: means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system. See N.Y. New York City Administrative Code 27-354
  • Electronic prescription: means a prescription issued with an electronic signature and transmitted by electronic means in accordance with regulations of the commissioner and the commissioner of education and consistent with federal requirements. See N.Y. Public Health Law 3302
  • Electronic record: means a paperless record that is created, generated, transmitted, communicated, received or stored by means of electronic equipment and includes the preservation, retrieval, use and disposition in accordance with regulations of the commissioner and the commissioner of education and in compliance with federal law and regulations. See N.Y. Public Health Law 3302
  • Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, in accordance with regulations of the commissioner and the commissioner of education. See N.Y. Public Health Law 3302
  • Elevated lead levels: means a blood lead level greater than or equal to ten micrograms of lead per deciliter of whole blood or such blood lead level as may be established by the department pursuant to rule or regulation. See N.Y. Public Health Law 1370
  • Eligible child: means an infant or toddler from birth through age two who has a disability; provided, however, that any toddler with a disability who has been determined to be eligible for program services under section forty-four hundred ten of the education law and:

    (i) who turns three years of age on or before the thirty-first day of August shall, if requested by the parent, be eligible to receive early intervention services contained in an IFSP until the first day of September of that calendar year; or

    (ii) who turns three years of age on or after the first day of September shall, if requested by the parent and if already receiving services pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year. See N.Y. Public Health Law 2541

  • Eligible co-signer: shall mean a parent, legal guardian or otherwise credit worthy individual over twenty-one years of age who satisfies applicable credit criteria approved by the corporation and is a resident of New York state. See N.Y. New York City Administrative Code 27-902
  • Eligible college: shall mean a post-secondary institution, located within New York state, eligible for funds under Title IV of the Higher Education Act of nineteen hundred sixty-five, as amended, or successor statute offering a two-year, four-year, graduate or professional degree granting or certificate program. See N.Y. New York City Administrative Code 27-902
  • Eligible institution: means any child or adult day care institution defined in federal law, rule or regulations eligible to receive cash assistance under the federal child care and adult food program. See N.Y. Public Health Law 2586
  • eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility. See N.Y. Family Court Law 1054
  • Emancipated minor patient: means a minor patient who is the parent of a child, or who is sixteen years of age or older and living independently from his or her parents or guardian. See N.Y. New York City Administrative Code 7-626
  • Embalmer: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Embalming: means preparing, disinfecting and preserving, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
  • Embalming fluid: means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
  • Emergency: shall mean a natural or an accidental human-made event which presents an immediate threat to life, health, property, or natural resources. See N.Y. Public Authorities Law 208
  • Emergency condition: means a medical or behavioral condition as determined by the prescriber or pharmacists, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, and for which delay in beginning treatment prescribed by the patient's health care practitioner would result in:

    (a) placing the health or safety of the person afflicted with such condition or other person or persons in serious jeopardy;

    (b) serious impairment to such person's bodily functions;

    (c) serious dysfunction of any bodily organ or part of such person;

    (d) serious disfigurement of such person; or

    (e) severe discomfort. See N.Y. Public Health Law 270

  • Emergency medical care: means the initial management, treatment, and transfer of suddenly ill or injured patients. See N.Y. New York City Administrative Code 8-907
  • Emergency medical service: means initial emergency medical assistance including, but not limited to, the treatment of trauma, burns, respiratory, circulatory and obstetrical emergencies. See N.Y. New York City Administrative Code 8-205
  • Emergency medical technician: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons. See N.Y. New York City Administrative Code 8-205
  • Empire zone: shall mean an area within the state that has been designated as an empire zone pursuant to this article and:

    (i) all empire zones designated under paragraph (i) of subdivision (a) and subdivision (d) of section nine hundred fifty-eight of this article shall be referred to as "investment zones" and shall be wholly contained within up to three distinct and separate contiguous areas; provided, however, that empire zones designated prior to the enactment of this paragraph shall identify up to three distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation by January first, two thousand six. See N.Y. Public Health Law 367

  • Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. New York City Administrative Code 11-122
  • EMS program agency: means a not-for-profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical services system within a region as directed by the regional council under this article. See N.Y. New York City Administrative Code 8-205
  • Enforcement officer: means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a population of more than one million it shall also mean an officer or employee or any agency of such city that is authorized to enforce any local law of such city related to the regulation of the sale of tobacco products to minors. See N.Y. Family Court Law 1024
  • Enhanced assisted living certificate: means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by either admitting or retaining residents who desire to age in place and who: (a) are chronically chairfast and unable to transfer, or chronically require the physical assistance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermittent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. See N.Y. Public Health Law 4651*2
  • Enriched housing program: means an enriched housing program, as defined in subdivision twenty-eight of section two of the social services law. See N.Y. Public Health Law 4651*2
  • Enrolled member: means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation. See N.Y. New York City Administrative Code 8-205
  • Entrance fee: shall mean an initial or deferred transfer to an operator of a sum of money, made or promised to be made by a person or persons entering into a continuing care retirement contract or continuing care at home contract, for the purpose of ensuring services pursuant to such a contract. See N.Y. New York City Administrative Code 10-203
  • Entrance fee: shall mean an initial or deferred transfer to an operator of a sum of money, made or promised to be made by a person or persons entering into a fee-for-service continuing care contract, for the purpose of ensuring services pursuant to such a contract. See N.Y. New York City Administrative Code 10-604
  • Entry: shall mean a patient's admission into a hospital for the purposes of receiving inpatient care. See N.Y. New York City Administrative Code 8-116
  • Environmental notice bulletin: shall mean the publication of the department published pursuant to section 3-0306 of this chapter. See N.Y. Public Authorities Law 208
  • Ethics review committee: means the interdisciplinary committee established in accordance with the requirements of section twenty-nine hundred ninety-four-m of this article. See N.Y. New York City Administrative Code 7-626
  • Evaluation: means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel and conducted pursuant to section twenty-five hundred forty-four of this title to determine a child's eligibility under this title. See N.Y. Public Health Law 2541
  • Evaluator: means a team of two or more professionals approved pursuant to section twenty-five hundred fifty-one of this title to conduct screenings and evaluations. See N.Y. Public Health Law 2541
  • facility: shall mean any governmental or private agency, department, institution, clinic, laboratory, hospital, nursing care facility, health maintenance organization, association or other similar entity that provides medical care. See N.Y. Family Court Law 1055-B
  • Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented, or otherwise contracted for by the operator. See N.Y. New York City Administrative Code 10-203
  • Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a fee-for-service continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented or otherwise contracted for by the operator. See N.Y. New York City Administrative Code 10-604
  • fact-finding hearing: means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence. See N.Y. Family Court Law 832
  • fact-finding hearing: means a hearing to determine whether the child is an abused or neglected child as defined by this article. See N.Y. Family Court Law 1044
  • Fair market value: shall mean the value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee. See N.Y. Public Health Law 238
  • Farm and food product: means any agricultural, horticultural, forest, or other product of the soil or water that has been grown, harvested, or produced wholly within the state of New York. See N.Y. New York City Administrative Code 5-328
  • Farm operation: means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivision seventeen of this section and "commercial equine operation" as defined in subdivision eighteen of this section. See N.Y. New York City Administrative Code 5-340
  • Federal controlled substances act: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act

    or acts amendatory or supplemental thereto or regulations promulgated thereunder. See N.Y. Public Health Law 3302

  • Federal registration number: means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. See N.Y. Public Health Law 3302
  • Federal student aid programs: shall mean the programs of the United States government making financial aid available to pay for the cost of attending post-secondary institutions and established under Title IV of the Higher Education Act of nineteen hundred sixty-five, as amended, or any successor statute. See N.Y. New York City Administrative Code 27-881
  • Fee-for-service continuing care contract: shall mean a single continuing care retirement contract that provides long-term care and other services on a per diem, fee-for-service or other agreed upon rate. See N.Y. New York City Administrative Code 10-604
  • Fee-for-service continuing care retirement community: shall mean a facility or facilities established pursuant to this article to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life, pursuant to the terms of the fee-for-service continuing care contract on a fee-for-service schedule. See N.Y. New York City Administrative Code 10-604
  • fees: as used in this chapter , shall include all percentages, commissions, compensations, poundages, perquisites, and emoluments of any nature which the sheriff or any of the sheriff's subordinates may receive by virtue of their office. See N.Y. New York City Administrative Code 7-514
  • Financial relationship: shall mean an ownership interest, investment interest or compensation arrangement. See N.Y. Public Health Law 238
  • food salvager: as used in this article , means a person engaged in the business of reconditioning, labeling, relabeling, packing, repacking, sorting, cleaning, culling, or by other means salvaging food or food products, single service food containers and utensils, soda straws, paper napkins or any product of a similar nature that may have become damaged, contaminated, adulterated or misbranded as a result of fire, flood, transit wreck, accident or other cause, or by water, smoke, chemicals, or any other adulterating agents. See N.Y. New York City Administrative Code 3-102
  • Food service establishment: means any area, including outdoor seating areas, in which the business is the sale of food for on-premises consumption. See N.Y. Family Court Law 1024
  • Form of medical marihuana: means characteristics of the medical marihuana recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient. See N.Y. Public Health Law 3360
  • Fund: means the New York state medical indemnity fund. See N.Y. Public Health Law 2999-H
  • Funeral directing: means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise. See N.Y. Public Health Law 3400
  • Funeral director: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Funeral establishment: means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. See N.Y. Public Health Law 3400
  • Funeral firm: means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing. See N.Y. Public Health Law 3400
  • game: shall mean and include a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. Public Health Law 201
  • General hospital: means a general hospital as defined in subdivision ten of section twenty-eight hundred one of this chapter excluding a ward, wing, unit or other part of a general hospital operated for the purpose of providing services for persons with mental illness pursuant to an operating certificate issued by the commissioner of mental health. See N.Y. New York City Administrative Code 7-626
  • governing body: shall mean the board of supervisors of a county, the town board of a town, the board of estimate and apportionment or other board performing similar functions in any city now or hereafter having a population of more than eight hundred thousand, except that in the city of New York the term governing body shall mean the officer or agency vested with power under the charter of such city or by other law, to act pursuant to this chapter; the city council, the common council, the municipal assembly or other legislative body of any other city, and the board of trustees of a village. See N.Y. Public Authorities Law 3968
  • governing body of a municipality: as used in this article shall be deemed to mean and include the mayor or manager of any such city. See N.Y. Public Health Law 229
  • Government funds: means funds provided under the provisions of title eleven of article five of the social services law. See N.Y. New York City Administrative Code 9-117
  • Grade one violation: means possession of one-quarter ounce or more, but less than four ounces, or distribution of less than one ounce of an illegal drug other than marijuana, or possession of one pound or twenty-five plants or more, but less than four pounds or fifty plants, or distribution of less than one pound of marijuana. See N.Y. Public Health Law 520
  • Grade three violation: means possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a specified illegal drug or possession of eight pounds or more or seventy-five plants or more, but less than sixteen pounds or one hundred plants, or distribution of more than five pounds but less than ten pounds of marijuana. See N.Y. Public Health Law 520
  • Grade two violation: means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of an illegal drug other than marijuana, or possession of four pounds or more or fifty plants or distribution of more than one pound but less than ten pounds of marijuana. See N.Y. Public Health Law 520
  • Greenway: shall mean the area designated as the Hudson river valley greenway pursuant to section 44-0109 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • greenway compact: shall mean the overall greenway plan adopted by the council pursuant to section 44-0119 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • greenway heritage conservancy: shall mean the greenway heritage conservancy for the Hudson river valley, a public benefit corporation, reestablished pursuant to section 44-0111 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Group practice: shall mean a group of two or more practitioners organized as a partnership, professional corporation, foundation, not-for-profit corporation, faculty practice plan or similar association; and

    (a) in which each practitioner who is a member of the group provides substantially the full range of services which the practitioner routinely provides, including medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment and personnel; and

    (b) for which substantially all of the services of the practitioners who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and

    (c) in which the overhead expenses of the income from the practice are distributed in accordance with methods previously determined by members of the group; and

    (d) provided, however, in the case of a faculty practice plan associated with a hospital with an approved residency training program in which practitioner members may provide a variety of different specialty services and provide professional services both within and outside the group, as well as perform other tasks such as research, the provisions of paragraphs (a), (b) and (c) of this subdivision shall be applied only with respect to the services provided within the faculty practice plan. See N.Y. Public Health Law 238

  • guardian: means a health care guardian or a legal guardian of the person of a minor. See N.Y. New York City Administrative Code 7-626
  • Gutka: means a product containing lime paste, spices, areca and tobacco. See N.Y. Family Court Law 1024
  • Habitual user: means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. See N.Y. Public Health Law 3302
  • Health care: means any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-626
  • Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-606
  • Health care agent: means a health care agent designated by an adult pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-626
  • Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-501
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-626
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-606
  • Health care guardian: means an individual appointed by a court, pursuant to subdivision four of section twenty-nine hundred ninety-four-r of this article, as the guardian of a minor patient solely for the purpose of deciding about life-sustaining treatment pursuant to this article. See N.Y. New York City Administrative Code 7-626
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-626
  • Health care provider: includes but is not limited to an entity licensed or certified under article twenty-eight or thirty-six of this chapter; an entity licensed or certified under article sixteen, thirty-one or thirty-two of the mental hygiene law; or a health care practitioner licensed or certified under title eight of the education law or a lawful combination of such health care practitioners; and may also include, to the extent provided by regulation of the commissioner, other entities that provide technical assistance, information systems and services, care coordination and other services to health care providers and patients participating in an ACO. See N.Y. New York City Administrative Code 8-122
  • Health care provider: shall mean a practitioner in an individual practice, group practice, partnership, professional corporation or other authorized form of association, a hospital or other health care institution issued an operating certificate pursuant to this chapter or the mental hygiene law, a certified home health agency or a licensed home care services agency, and any other purveyor of health or health related items or services including but not limited to a clinical laboratory, a physiological laboratory, a pharmacy, a purveyor of x-ray or imaging services, a purveyor of physical therapy services, a purveyor of health or health related supplies, appliances or equipment, or an ambulance service. See N.Y. Public Health Law 238
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-606
  • Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. New York City Administrative Code 7-606
  • health officer: as used in this article shall mean a county health officer, a city health officer, a town health officer, a village health officer, the health officer of a consolidated health district or a state district health officer. See N.Y. Public Health Law 2304
  • Health or health related items or services: shall include , but not be limited to, items and services available under the medical assistance

    program pursuant to title eleven of article five of the social services law. See N.Y. Public Health Law 238

  • Health services purveyor: means any person, firm, partnership, group, association, corporation or professional corporation, or any agent, employee, fiduciary, employer or representative thereof, including but not limited to a physician, dentist, podiatrist or chiropractor, either in individual practice, group practice or employed in a facility owned by any person, group, association, firm, partnership or corporation hiring any of the aforementioned practitioners, who provide health or health related services. See N.Y. Public Health Law 585
  • Herbal cigarette: means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filler. See N.Y. Family Court Law 1024
  • Heritage area: shall mean a definable urban or regional area of public and private uses ranging in size from a portion of a municipality to a regional area with a special coherence, such area being distinguished by physical and cultural resources (natural and/or man made including waterways, architecture, or artifacts reflecting a period of style or cultural heritage) which play a vital role in the life of the community and/or region and contribute through interpretive, educational and recreational use to the public. See N.Y. Parks, recreation and historic preservation Law 31.01
  • heritage corridor: shall mean the preservation corridor located between Broadway, Eagle, Elm and Nash to William street, William street (east) to Pine street, and Pine street (south) to Eagle street in downtown Buffalo including structures, such as the J. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Highway: shall include necessary sluices, drains, ditches, waterways, embankments, retaining walls, bridges on such highway and under the jurisdiction and control of the town and culverts, and the approaches of any such bridge or culvert beginning at the back of the abutments. See N.Y. Public Health Law 2140
  • Home: shall include a hospice patient's home or a hospice residence. See N.Y. New York City Administrative Code 10-112
  • Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. New York City Administrative Code 9-117
  • Home care services: means the services defined in subdivision one of section three thousand six hundred two of this chapter, as provided by a home care services agency which has been approved to operate pursuant to article thirty-six of this chapter. See N.Y. Public Health Law 4651*2
  • Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. New York City Administrative Code 9-117
  • Home health aide services: means simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services. See N.Y. New York City Administrative Code 9-117
  • Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

    (a) Oxygen and oxygen delivery systems;

    (b) Ventilation and aspiration devices;

    (c) Respiratory disease management services;

    (d) Electronic and computer driven wheelchairs and seating systems;

    (e) Monitoring devices;

    (f) Transcutaneous electrical nerve simulator (tens) units;

    (g) Low air loss cutaneous pressure management devices;

    (h) Sequential compression devices;

    (i) Obstructive sleep apnea treatment devices; and

    (j) Feeding pumps. See N.Y. New York City Administrative Code 9-143

  • Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. New York City Administrative Code 9-143
  • Home resident: shall mean a continuing care at home contract holder who resides in a private residence off of the continuing care retirement community campus. See N.Y. New York City Administrative Code 10-203
  • Hospice: means a hospice as defined in article forty of this chapter, without regard to where the hospice care is provided. See N.Y. New York City Administrative Code 7-626
  • Hospice: means a coordinated program of home and in-patient care which treats the terminally ill patient and family as a unit, employing an interdisciplinary team acting under the direction of an autonomous hospice administration. See N.Y. New York City Administrative Code 10-112
  • Hospice demonstration program participant: means a hospice which was approved to participate in the hospice demonstration program established pursuant to chapter seven hundred eighteen of the laws of nineteen hundred seventy-eight and is operating on the thirtieth day of June, nineteen hundred eighty-three. See N.Y. New York City Administrative Code 10-112
  • Hospice residence: means a hospice operated home which is residential in character and physical structure and operated for the purpose of providing more than two hospice patients but not more than sixteen hospice patients with hospice care, which may include dually certified hospice in-patient beds up to twenty-five percent of the hospice residence's patient capacity, or up to fifty percent of the hospice residence's patient capacity with the commissioner's approval. See N.Y. New York City Administrative Code 10-112
  • Hospital: means a general hospital, a residential health care facility, or hospice. See N.Y. New York City Administrative Code 7-626
  • Hospital: shall mean any "general hospital" as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 8-116
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-105
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ physician assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-150
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ specialist assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-202
  • Hospital: means a hospital as defined in subdivision ten of section 1. See N.Y. New York City Administrative Code 7-501
  • Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. New York City Administrative Code 7-606
  • Hospitalization: means the period during which a person is a patient in, or a resident of, a hospital. See N.Y. New York City Administrative Code 7-501
  • Hudson river valley: shall mean the areas of Bronx and New York counties designated pursuant to section 44-0109 of this article, the counties of Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, Columbia, Greene, Albany, Rensselaer, Saratoga and Washington, excluding any area of Greene county within the Catskill park, as defined in subdivision two of section 9-0101 of this chapter. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Human resource development: shall mean job preparation and placement, skills training and education for zone residents and employees of zone businesses, child and family care services and facilities, and activities to improve the health benefits and other benefits provided by zone businesses to their employees. See N.Y. Public Health Law 367
  • IFSP: means the individualized family service plan adopted in accordance with section twenty-five hundred forty-five of this title. See N.Y. Public Health Law 2541
  • Illegal drug: means any controlled substance or marijuana the possession of which is an offense under the public health law or the penal law. See N.Y. Public Health Law 520
  • Immediate family member: shall include spouse; birth and adoptive parents, children and siblings; stepparents, stepchildren and stepsiblings;

    fathers-in-law,

    mothers-in-law,

    brothers-in-law, sisters-in-law, sons-in-law and daughters-in-law; and grandparents and grandchildren. See N.Y. Public Health Law 238

  • impairment of mental or emotional condition: includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child. See N.Y. Family Court Law 1012
  • Independent audio-visual system: shall mean an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. New York City Administrative Code 27-354
  • Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
  • Interest: means a direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. See N.Y. Public Health Law 347
  • Interested investor: shall mean , with respect to a health care provider, an investor who is a practitioner in a position to make or to influence referrals or business to the health care provider, or who is an immediate family member of such an investor. See N.Y. Public Health Law 238
  • Interfacility transfer: means emergency ambulance transport from, to, or between general hospitals or other health care facilities, conducted in accordance with article thirty of this chapter. See N.Y. New York City Administrative Code 8-907
  • Internet: as used in this article , also includes other networks, whether private or public, used to transmit information by electronic means. See N.Y. Public Health Law 3302
  • Interoperability: means the capacity of all emergency medical, trauma care, and disaster preparedness response systems to collaborate and communicate during an emergency, trauma, or disaster response. See N.Y. New York City Administrative Code 8-907
  • Investor: shall mean , with respect to a health care provider, a person with a financial relationship with the health care provider, subject to the exceptions provided in paragraph (b) of subdivision three, subdivision four and paragraph (b) of subdivision five of section two hundred thirty-eight-a of this title. See N.Y. Public Health Law 238
  • Judge: shall mean a judge of the family court of any county in the state. See N.Y. New York City Administrative Code 27-943
  • Labor peace agreement: means an agreement between an entity and a labor organization that, at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the registered organization's business. See N.Y. Public Health Law 3360
  • Laboratory test registrant: means a person, partnership, corporation, or other entity holding a valid certificate of registration to perform one or more waived tests or provider-performed microscopy procedures pursuant to section five hundred seventy-nine of this title. See N.Y. Public Health Law 571
  • Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. New York City Administrative Code 27-943
  • Lawful purposes: shall mean one or more of the following causes, deeds or activities:

    (a) Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress, or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments;

    (b) Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures;

    (c) Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, or those purposes which shall be authorized by a bona fide organization of veterans, provided however that such proceeds are disbursed in accordance with the rules and regulations of the racing and wagering board. See N.Y. Public Health Law 201

  • lawyer: shall mean an attorney or counselor governed by article fifteen of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. New York City Administrative Code 27-965
  • Lead agency: means the department of health, the public agency responsible for the administration of the early intervention system in collaboration with the state early intervention service agencies. See N.Y. Public Health Law 2541
  • Legislative body: means the local legislative body empowered to adopt and amend local laws or ordinances. See N.Y. Public Health Law 405
  • Lend: shall include one or more of the following services: the origination, disbursement, servicing, and/or collection of any student or parent education loan made by or on behalf of a lending institution a government entity, or an institution of higher education for the purpose of paying for higher education expenses as well as serving as a secondary market for these loans. See N.Y. New York City Administrative Code 27-881
  • Lender: means a person whose name appears on the records of the office as the person legally entitled to, or claiming to be legally entitled to, property held by the office or, if deceased, the legal heirs of such person. See N.Y. Parks, recreation and historic preservation Law 19.13
  • License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
  • License: means a license granted and issued by the department under this article to practice radiography, radiation therapy technology or nuclear medicine technology. See N.Y. Public Health Law 3501
  • Licensed home care services agency: means a home care services agency, issued a license pursuant to section three thousand six hundred five of this chapter. See N.Y. New York City Administrative Code 9-117
  • Licensed practitioner: means a person licensed or otherwise authorized under the education law to practice medicine, dentistry, podiatry, or chiropractic. See N.Y. Public Health Law 3501
  • Life care contract: shall mean a single continuing care retirement contract or a continuing care at home contract to provide a person, for the duration of such person's life, the services provided by the continuing care retirement community, which services shall include unlimited services of the affiliated community's nursing facility or affiliated nursing home. See N.Y. New York City Administrative Code 10-203
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-626
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-606
  • Lift ticket: means any item issued by a ski area operator to any skier that is intended to be affixed to the outerwear of the skier, or otherwise displayed by a skier, to signify lawful entry upon and use of the passenger tramways or ski slopes or trails maintained by the ski area operator. See N.Y. Public Health Law 541
  • Limited home care services agency: means a certified operator of an adult home or an enriched housing program which directly provides: personal care services authorized and provided in accordance with rules and regulations of the department of social services; and the administration of medications and application of sterile dressings by a registered nurse, provided, however, that the services provided by such agency are not services that must be provided to residents of such facilities pursuant to article seven of the social services law and rules and regulations of the department of social services. See N.Y. New York City Administrative Code 9-117
  • Limited period bingo: shall mean the conduct of bingo by a licensed authorized organization, for a period of not more than seven of twelve consecutive days in any one year, at a festival, bazaar, carnival or similar function conducted by such licensed authorized organization. See N.Y. Public Health Law 201
  • Living unit: shall mean an apartment, room, cottage, or other area within a community set aside for the exclusive use of one or more residents, or in the case of a continuing care at home contract, the contract holder's private residence. See N.Y. New York City Administrative Code 10-203
  • Living unit: shall mean an apartment, room, cottage or other area within a community set aside for the exclusive use of one or more residents. See N.Y. New York City Administrative Code 10-604
  • Loan: means a deposit of property with the office not accompanied by a transfer to the office of title to the property. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Local empire zone administrative board: shall mean the entity designated by the applicant that is responsible for recommending business enterprises for certification pursuant to paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article and for monitoring, evaluating and coordinating all empire zone benefits on behalf of the applicant. See N.Y. Public Health Law 367
  • locker plant: shall mean any building, or portion thereof, under such chemical refrigeration, in which individual compartments or lockers, each of not more than one hundred cubic feet capacity, are rented for the purpose of freezer storage of articles of food. See N.Y. New York City Administrative Code 3-109
  • Long term home health care program: means a coordinated plan of care and services provided at home to invalid, infirm, or disabled persons who are medically eligible for placement in a hospital or residential health care facility for an extended period of time if such program were unavailable. See N.Y. New York City Administrative Code 9-117
  • Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:

    (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

    (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

    (c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302

  • Manufacturer agreement: means an agreement between the commissioner and a pharmaceutical manufacturer under paragraph (b) of subdivision eleven of section two hundred seventy-two of this article. See N.Y. Public Health Law 270
  • Marihuana: means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. See N.Y. Public Health Law 3302
  • Marijuana: means marijuana as defined in section thirty-three hundred two of this chapter and shall also include tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol. See N.Y. New York City Administrative Code 9-105
  • Master settlement agreement: means the settlement agreement (and related documents) entered into on November twenty-third, nineteen hundred ninety-eight by the state and leading United States tobacco product manufacturers. See N.Y. Family Court Law 1036
  • Medical control: means : (a) advice and direction provided by a physician or under the direction of a physician to certified first

    responders, emergency medical technicians or advanced emergency medical technicians who are providing medical care at the scene of an emergency or en route to a health care facility; and (b) indirect medical control including the written policies, procedures, and protocols for prehospital emergency medical care and transportation developed by the state emergency medical advisory committee, approved by the state emergency medical services council and the commissioner, and implemented by regional medical advisory committees. See N.Y. New York City Administrative Code 8-205

  • Medical equipment service agency: means any person engaged in the business of providing home medical equipment services, whether directly or through a contractual arrangement, to an individual at their place of residence. See N.Y. New York City Administrative Code 9-143
  • Medical home: means an organized system of medical care for an individual patient that embraces all of the patient's potential medical needs, including primary, secondary, and tertiary health care as well as emergency care. See N.Y. New York City Administrative Code 8-1008
  • Medical marihuana: means marihuana as defined in subdivision twenty-one of section thirty-three hundred two of this article, intended for a certified medical use, as determined by the commissioner in his or her sole discretion. See N.Y. Public Health Law 3360
  • Medical physics: shall mean the branch of physics limited to the field of radiological physics. See N.Y. Uniform Commercial Code 9-617
  • Medical service: means such diagnostic, therapeutic, and rehabilitative care by medical and paramedical personnel, including hospital and related care, and drugs, prostheses, appliances, equipment and devices as necessary. See N.Y. Public Health Law 2581
  • 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. New York City Administrative Code 7-501
  • Medicare-only ACO: means an ACO issued a certificate of authority under subdivision four of section twenty-nine hundred ninety-nine-p of this article. See N.Y. New York City Administrative Code 8-122
  • Mental hygiene facility: means a facility operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities as defined in subdivision six of section 1. See N.Y. New York City Administrative Code 7-626
  • Mental hygiene facility: means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities. See N.Y. New York City Administrative Code 7-606
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-626
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-501
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-606
  • Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-626
  • Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-501
  • Minor project: shall mean a proposed project which by its nature and with respect to its location will not have a significant impact on the environment and will not exceed criteria established in rules and regulations adopted by the department pursuant to subdivision one of section 70-0107 of this article. See N.Y. Public Authorities Law 208
  • Monthly care fee: shall mean the monthly cost to a resident for prepayment of any services, including rent, rendered pursuant to a contract, exclusive of entrance fees or other prepayments, and any other regular periodic charges to the resident, determined on a monthly basis, pursuant to the provisions of a contract. See N.Y. New York City Administrative Code 10-203
  • Monthly care fee: shall mean the monthly cost to a resident for prepayment of any services, including rent, rendered pursuant to a contract, exclusive of entrance fees or other prepayments, and any other

    regular periodic charges to the resident, determined on a monthly basis, pursuant to the provisions of a contract. See N.Y. New York City Administrative Code 10-604

  • Motel or hotel: shall mean establishments distinguished as hotels, motels, bungalow colonies, or any other establishment comparable or equivalent to any of those previously mentioned. See N.Y. Family Court Law 924
  • Municipal officer or employee: means an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. See N.Y. Public Health Law 347
  • Municipal theme district: shall mean a geographic area designated by a county, city, town or village, pursuant to section nine hundred ninety-d of this article, to be a theme district for the purpose of promoting, advancing or coordinating an approved theme pursuant to section nine hundred ninety-c of this article. See N.Y. Public Health Law 455
  • Municipality: means a county, city, town, village, school district, consolidated health district, county vocational education and extension board, public library, board of cooperative educational services, urban renewal agency, a joint water works system established pursuant to chapter six hundred fifty-four of the laws of nineteen hundred twenty-seven, or a town or county improvement district, district corporation, or other district or a joint service established for the purpose of carrying on, performing or financing one or more improvements or services intended to benefit the health, welfare, safety or convenience of the inhabitants of such governmental units or to benefit the real property within such units, an industrial development agency but shall have no application to a city having a population of one million or more or to a county, school district, or other public agency or facility therein. See N.Y. Public Health Law 347
  • Municipality: means a city, town or village within the state of New York. See N.Y. Public Health Law 405
  • Municipality: means a town, city, county, or village or any designated public agency thereof, or any two or more of the foregoing which are acting jointly in connection with a solid waste management facility, or a public authority. See N.Y. Public Health Law 1380
  • Municipality: means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York. See N.Y. Public Health Law 2541
  • municipality: shall mean a county, town, city or village. See N.Y. Public Authorities Law 3968
  • Municipality: shall mean any city, town or village within this state. See N.Y. Public Health Law 201
  • Mutual aid agreement: means a written agreement, entered into by two or more ambulance services or advanced life support first response services possessing valid ambulance service or advanced life support first response service certificates or statements of registration, for the organized, coordinated, and cooperative reciprocal mobilization of personnel, equipment, services, or facilities for back-up or support upon request as required pursuant to a written mutual aid plan. See N.Y. New York City Administrative Code 8-205
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

    (a) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

    (b) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium;

    (c) opium poppy and poppy straw. See N.Y. Public Health Law 3302

  • Neglected child: means a child less than eighteen years of age

    (i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care

    (A) in supplying the child with adequate food, clothing, shelter or education in accordance with the provisions of part one of article sixty-five of the education law, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or

    (B) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the

    respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as set forth in paragraph (i) of this subdivision; or

    (ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by his parents or other person legally responsible for his care. See N.Y. Family Court Law 1012

  • Net lease: shall mean a written agreement between a lessor and lessee under the terms of which the lessee is entitled to the possession, use or occupancy of the whole or part of any commercial premises for which the lessee pays rent to the lessor and likewise undertakes to pay substantially all of the regularly recurring expenses incident to the operation and maintenance of such leased premises. See N.Y. Public Health Law 201
  • Net proceeds: shall mean (a) in relation to the gross receipts from one or more occasions of bingo, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies if any, license fees, and the cost of bus transportation, if authorized by the control commission, and (b) in relation to the gross rent received by an organization licensed to conduct bingo for the use of its

    premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto if any. See N.Y. Public Health Law 201

  • Non preferred drug: means a prescription drug that is included in the preferred drug program and is not one of the drugs on the preferred drug list because it is either: (a) in a therapeutic class that is included in the preferred drug program and is not one of the drugs on the preferred drug list in that class or (b) manufactured by a pharmaceutical manufacturer with whom the commissioner is negotiating or has negotiated a manufacturer agreement and is not a preferred drug under a manufacturer agreement. See N.Y. Public Health Law 270
  • Non-transplant organ: means an organ procured for education or research purposes. See N.Y. New York City Administrative Code 10-133
  • Not-for-profit conservation organization: means an organization as defined in subdivision two of section 49-0303 of the environmental conservation law. See N.Y. New York City Administrative Code 5-360
  • Nuclear medicine technologist: means a person who is licensed under this article to practice nuclear medicine technology. See N.Y. Public Health Law 3501
  • Nuclear medicine technology: means the use of radiopharmaceuticals administered to human beings for diagnostic or therapeutic purposes under the supervision of a physician authorized by a radioactive materials license. See N.Y. Public Health Law 3501
  • 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. See N.Y. New York City Administrative Code 7-626
  • 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. See N.Y. New York City Administrative Code 7-501
  • Nursing home: means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight of this chapter. See N.Y. Public Health Law 2895-A
  • Nursing home administrator: means an individual who is charged with and has responsibility for the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals. See N.Y. Public Health Law 2895-A
  • Obesity: means the condition in which a person's body mass index is at least thirty kilograms per meter squared, or where a person's body mass index is at least twenty-seven kilograms per meter squared and the person suffers from one or more of the following conditions or diseases:

    1. See N.Y. Public Health Law 262

  • Office: means the state office of parks, recreation and historic preservation and those facilities including historic sites as defined in section 1. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Family Court Law 911
  • Officer: shall mean the health commissioner of a city of fifty thousand population and over or of a county or part-county health district, or the state district health officer, in whose jurisdiction a hotel or motel is located or any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter. See N.Y. Family Court Law 924
  • On-site: shall mean that, unless the context clearly requires otherwise, the services specified in paragraph a of this subdivision be provided at the facility. See N.Y. New York City Administrative Code 10-604
  • Online dispenser: means a practitioner, pharmacy, or person in the United States that sells, delivers or dispenses, or offers to sell, deliver, or dispense, a controlled substance by means of the internet. See N.Y. Public Health Law 3302
  • Operate: shall mean to ride in or on, other than as a passenger, or use or control the operation of a snowmobile in any manner, whether or not said snowmobile is under way. See N.Y. Parks, recreation and historic preservation Law 21.05
  • Operator: means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service. See N.Y. New York City Administrative Code 8-205
  • Operator: shall mean a legal entity operating a continuing care retirement community pursuant to a certificate of authority. See N.Y. New York City Administrative Code 10-203
  • Operator: shall mean a legal entity operating a fee-for-service continuing care retirement community pursuant to a certificate of authority, as granted pursuant to section forty-six hundred fifty-six of this article. See N.Y. New York City Administrative Code 10-604
  • operator: means a person, persons or an entity which has obtained the written approval of the department to operate an assisted living residence in accordance with this article. See N.Y. Public Health Law 4651*2
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See N.Y. Public Health Law 3302
  • Opium poppy: means the plant of the species Papaver somniferum L. See N.Y. Public Health Law 3302
  • 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. New York City Administrative Code 7-626
  • 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. New York City Administrative Code 7-501
  • Organ: means a human kidney, heart, heart valve, lung, pancreas, liver or any other organ designated by the commissioner in regulation in consultation with the transplant council. See N.Y. New York City Administrative Code 10-133
  • Outsourcing facility: means a facility that:

    (a) is engaged in the compounding of sterile drugs as defined in section sixty-eight hundred two of the education law;

    (b) is currently registered as an outsourcing facility pursuant to article one hundred thirty-seven of the education law; and

    (c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. See N.Y. Public Health Law 3302

  • Owner: means owner of record. See N.Y. Public Health Law 405
  • Owner: shall mean any person having title to a snowmobile. See N.Y. Parks, recreation and historic preservation Law 21.05
  • Panel: means the elderly pharmaceutical insurance coverage panel established pursuant to section two hundred forty-four of the elder law. See N.Y. Public Health Law 270
  • Parent: means parent or person in parental relation to the child. See N.Y. Public Health Law 2541
  • Parent: means the birth or adoptive parent, the guardian, or person otherwise authorized to make a contract of enrollment for a child. See N.Y. Family Court Law 1039-B
  • Parent: means a person who is recognized under the laws of the state of New York to be the child's legal parent. See N.Y. Family Court Law 1012
  • Parent: means a parent who has custody of the minor. See N.Y. New York City Administrative Code 7-501
  • participant: means a health care provider that is one of the health care providers that comprise the ACO. See N.Y. New York City Administrative Code 8-122
  • Participating community: shall mean a county, city, town or village which has adopted the regional plan for its district pursuant to section 44-0119 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Passenger: means a person in or on or being transported by a tramway. See N.Y. Public Health Law 541
  • Passenger tramway: means a mechanical device intended to transport skiers for the purpose of providing access to ski slopes and trails as defined by the commissioner of labor pursuant to section two hundred two-c or eight hundred sixty-seven of the labor law. See N.Y. Public Health Law 541
  • Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-626
  • Patient: shall mean a patient eighteen years of age or older. See N.Y. New York City Administrative Code 8-116
  • Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-501
  • Pediatric care: means medical care provided to neonates, infants, toddlers, preschoolers, school agers, and adolescents. See N.Y. New York City Administrative Code 8-1008
  • Permanency hearing: means a hearing held in accordance with section one thousand eighty-nine of this act for the purpose of reviewing the foster care status of the child and the appropriateness of the permanency plan developed by the social services district or agency. See N.Y. Family Court Law 1012
  • Permanent loan: means a loan of property to the office for an unspecified period. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Permit: shall mean any permit, certificate, license or other form of department approval, modification, suspension, revocation, renewal, reissuance or recertification issued in connection with any regulatory program referred to in subdivision three of section 70-0107 of this article as further specified by rule and regulation. See N.Y. Public Authorities Law 208
  • Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. Public Health Law 520
  • Person: means any individual, corporation, partnership, or legal entity of any kind, or a governmental agency, board or body. See N.Y. New York City Administrative Code 9-101
  • Person: means any natural person. See N.Y. Public Health Law 1370
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-110
  • Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Family Court Law 1024
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-143
  • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Family Court Law 1036
  • Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
  • Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. New York City Administrative Code 5-310
  • Person connected with the case: means the patient, any person on the surrogate list, a parent or guardian of a minor patient, the hospital administrator, an attending physician, any other health or social services practitioner who is or has been directly involved in the patient's care, and any duly authorized state agency, including the facility director or regional director for a patient transferred from a mental hygiene facility and the facility director for a patient transferred from a correctional facility. See N.Y. New York City Administrative Code 7-626
  • Person legally responsible: includes the child's custodian, guardian, any other person responsible for the child's care at the relevant time. See N.Y. Family Court Law 1012
  • Personal care services: means services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health. See N.Y. New York City Administrative Code 9-117
  • pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect, rodent, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or animals. See N.Y. Family Court Law 1048
  • Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. New York City Administrative Code 27-925
  • Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
  • Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
  • Pharmacy services: shall mean the preparing, compounding, preserving or, the dispensing of drugs, medicines and therapeutic devices on the basis of prescriptions or other legal authority. See N.Y. Public Health Law 238
  • Physical therapy services: means physical therapy as defined by section sixty-seven hundred thirty-one of the education law. See N.Y. Public Health Law 238
  • Physician: means a person licensed to practice medicine in the state of New York including a person authorized to practice medicine in a federal medical facility in the state. See N.Y. New York City Administrative Code 9-105
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the education law. See N.Y. New York City Administrative Code 9-150
  • physician assistant: means a person who is licensed as a physician assistant pursuant to section sixty-five hundred forty-one of the education law. See N.Y. New York City Administrative Code 9-150
  • Place of participation: means , in relation to a defendant in an action brought under this article, each county in which such defendant is alleged to have participated in a drug market or in which such defendant resides, attends school, or is employed during the period of the participation in a drug market by such defendant. See N.Y. Public Health Law 520
  • plan: means a proposal as defined in section nine hundred eighty-a of this article. See N.Y. Public Health Law 405
  • Plan: shall mean a map and specifications showing (a) the location of a project, (b) the estimated cost of such project, (c) the proposed width, thickness and type of highway, (d) a statement of necessity for such project relied upon by the town, and (e) the projects to be completed in each year of the period of the duration of this article. See N.Y. Public Health Law 2140
  • Plan: shall mean the comprehensive management plan established pursuant to section 55-0115 of this article. See N.Y. Public Authorities Law 165
  • plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, recreation and historic preservation Law 31.01
  • Plan: means the county and municipal agricultural and farmland protection plan as provided for in this article. See N.Y. New York City Administrative Code 5-360
  • Pollution prevention: shall mean changes in production methods, work practices, raw materials or the provision of services that reduce energy or resource consumption, or that reduce, avoid or eliminate the use of hazardous substances or the generation of such substances, pollutants or waste per unit of product or service provided, so as to reduce risks to public health or the environment, without shifting risks between individuals or environmental media. See N.Y. Parks, recreation and historic preservation Law 19.14
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See N.Y. Public Health Law 3302
  • Practitioner: shall mean a licensed or registered physician, dentist, podiatrist, chiropractor, nurse, midwife, physician assistant or specialist assistant, physical therapist, or optometrist. See N.Y. Public Health Law 238
  • Practitioner: means a practitioner who (i) is a physician licensed by New York state and practicing within the state, (ii) who by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. See N.Y. Public Health Law 3360
  • Practitioner: means :

    A

    physician,

    dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302

  • Preferred drug: means a prescription drug that is either (a) in a therapeutic class that is included in the preferred drug program and is one of the drugs on the preferred drug list in that class or (b) a preferred drug under a manufacturer agreement. See N.Y. Public Health Law 270
  • Preferred drug program: means the preferred drug program established under section two hundred seventy-two of this article. See N.Y. Public Health Law 270
  • Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
  • Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription, an out-of-state prescription, or any one. See N.Y. Public Health Law 3302
  • prescription monitoring program registry: means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article. See N.Y. Public Health Law 3302
  • preserve: shall mean lands in the city of Albany and towns of Guilderland and Colonie in the county of Albany characterized by the growth of pitch pine and scrub oak, pine barrens, vernal ponds and/or the presence of sand dunes which are dedicated for protection and beneficial public use pursuant to section 46-0107 of this article. See N.Y. Public Authorities Law 153-A
  • President: means the president of the New York state higher education services corporation. See N.Y. Family Court Law 834
  • President: shall mean the president of the corporation. See N.Y. New York City Administrative Code 27-881
  • Primary care: means the health care fields of family practice, general pediatrics, primary care internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification, provided by a health care provider acting within his, her, or its lawful scope of practice. See N.Y. New York City Administrative Code 8-122
  • Primary care medical training program: means a graduate medical education training program in New York state defined by the commissioner, in consultation with the council, pursuant to regulations, as providing appropriate training in primary care medicine. See N.Y. Family Court Law 834
  • Primary care physician: means a physician specialist in the field of family practice, general pediatrics, primary care internal medicine or primary care obstetrics and gynecology; who provides coordinated primary care services. See N.Y. Family Court Law 834
  • Primary care practitioner: means a midwife, nurse practitioner, or physician assistant who is licensed or certified to practice in New York state and who provides or arranges for coordinated primary care services. See N.Y. Family Court Law 834
  • Primary care practitioner program: means a full or part-time graduate, undergraduate or certificate course of study, approved or registered by the regents or a program registered by the department of education or determined by the department of education to be the equivalent required to practice as a licensed or certified primary care practitioner. See N.Y. Family Court Law 834
  • Primary territory: means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport. See N.Y. New York City Administrative Code 8-205
  • Principal: means a person who has executed a health care proxy. See N.Y. New York City Administrative Code 7-606
  • Prior authorization: means a process requiring the prescriber or the dispenser to verify with the applicable state public health plan or its authorized agent that the drug is appropriate for the needs of the specific patient. See N.Y. Public Health Law 270
  • Priority reservation agreement: shall mean a cancelable agreement between a prospective continuing care retirement community applicant, an applicant for a certificate of authority or an operator and a prospective resident, for the purpose of evaluating market demand for a proposed continuing care retirement community and for the purpose of

    guaranteeing to prospective residents an opportunity for priority placement in a continuing care retirement community, under which the prospective resident will pay a refundable priority reservation fee. See N.Y. New York City Administrative Code 10-203

  • Priority reservation agreement: shall mean a cancelable agreement between a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator and a prospective resident, for the purpose of evaluating market demand for a proposed fee-for-service continuing care retirement community and for the purpose of guaranteeing to prospective residents an opportunity for priority placement in a fee-for-service continuing care retirement community, under which the prospective resident will pay a refundable priority reservation fee. See N.Y. New York City Administrative Code 10-604
  • Priority reservation fee: shall mean the refundable sum of money paid by a prospective resident for deposit with the escrow agent for a prospective continuing care retirement community applicant, an applicant for a certificate of authority or an operator pursuant to a priority reservation agreement. See N.Y. New York City Administrative Code 10-203
  • Priority reservation fee: shall mean the refundable sum of money paid by a prospective resident for deposit with the escrow agent for a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator pursuant to a priority reservation agreement. See N.Y. New York City Administrative Code 10-604
  • Private club: means an organization with no more than an insignificant portion of its membership comprised of people under the age of eighteen years that regularly receives dues and/or payments from its members for the use of space, facilities and services. See N.Y. Family Court Law 1024
  • Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. New York City Administrative Code 27-943
  • procurement activity: means any activity which is necessary for the procurement of organs or tissue for transplantation, research, education, therapy, fertilization, or autologous purposes including solicitation, retrieval, donor selection and testing, clinical laboratory testing, including typing, preservation, transportation, allocation, distribution, storage, and payment activities. See N.Y. New York City Administrative Code 10-133
  • procurement organization: means a person, facility, or institution engaged in procuring organs for transplantation or therapy purposes, but does not include (a) facilities or institutions which permit procurement activities to be conducted on their premises by employees or agents of an approved organ procurement organization, or (b) facilities or consortia of facilities which conduct transplantation activities in accordance with article twenty-eight of this chapter when the organ is procured through an approved organ procurement organization, licensed bank or storage facility, or a living donor. See N.Y. New York City Administrative Code 10-133
  • Program: means the lead poisoning prevention program in the department established pursuant to section thirteen hundred seventy-a of this title. See N.Y. Public Health Law 1370
  • Program: means the federal child care and adult food program. See N.Y. Public Health Law 2586
  • Program: means the state agricultural and farmland protection program created pursuant to the provisions of this article. See N.Y. New York City Administrative Code 5-360
  • Project: shall mean any activity that requires one or more department permits. See N.Y. Public Authorities Law 208
  • Property: means any inanimate object, document or tangible object under the office's care which has intrinsic historic, artistic, scientific, or cultural value. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Provider-performed microscopy procedure: means a procedure performed by a qualified health care professional acting within the scope of his or her licensed profession, which has been designated as a provider-performed microscopy procedure pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, as amended. See N.Y. Public Health Law 571
  • Public entity: means any department, board, bureau, commission or agency of the state or its political subdivisions, public benefit corporation or any public authority including the port authority of New York and New Jersey. See N.Y. Public Health Law 2165
  • Public health council: shall mean the public health and health planning council. See N.Y. Public Health Law 238
  • public library system: as used in this article means:

    (1) A library established by one or more counties. See N.Y. New York City Administrative Code 27-866

  • Public or private agencies: means any department, division, bureau, or program of the federal or state government, or local governments, public benefit corporations,

    private

    non-profit organizations, or educational institutions. See N.Y. New York City Administrative Code 5-328

  • Public place: means a public place as defined in regulation by the commissioner. See N.Y. Public Health Law 3360
  • pure honey: as used in this article , shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. See N.Y. Uniform Commercial Code 9-619
  • Qualified escrow fund: means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with paragraph (b) of subdivision two of section thirteen hundred ninety-nine-pp of this article. See N.Y. Family Court Law 1036
  • Qualified health care professional: means a physician, dentist, podiatrist, optometrist performing a clinical laboratory test that does not use an invasive modality as defined in section seventy-one hundred one of the education law, physician assistant, specialist assistant, nurse practitioner, or midwife, who is licensed and registered with the state education department. See N.Y. Public Health Law 571
  • Qualified investment project: shall mean a project (i) located within an empire zone, (ii) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state, and (iii) which will consist of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars. See N.Y. Public Health Law 367
  • Qualified medical and health personnel: means physicians, registered professional nurses and advanced emergency medical technicians competent in the management of patients requiring advanced life support care. See N.Y. New York City Administrative Code 8-205
  • Qualified personnel: means :

    (a) persons holding a state approved or recognized certificate, license or registration in one of the following fields:

    (i) special education teachers;

    (ii) speech and language pathologists and audiologists;

    (iii) occupational therapists;

    (iv) physical therapists;

    (v) social workers;

    (vi) nurses;

    (vii) dieticians or nutritionists;

    (viii) other persons designated by the commissioner who meet requirements that apply to the area in which the person is providing early intervention services, where not in conflict with existing professional licensing, certification and/or registration requirements. See N.Y. Public Health Law 2541

  • Qualified plaintiff: means every plaintiff or claimant who (i) has been found by a jury or court to have sustained a birth-related neurological injury as the result of medical malpractice, or (ii) has sustained a birth-related neurological injury as the result of alleged medical malpractice, and has settled his or her lawsuit or claim therefor. See N.Y. Public Health Law 2999-H
  • Qualified psychiatrist: means , for the purposes of this article, a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or (b) is certified by the

    American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board. See N.Y. New York City Administrative Code 7-606

  • Qualifying health care costs: means the future medical, hospital, surgical, nursing, dental, rehabilitation, habilitation, respite, custodial, durable medical equipment, home modifications, assistive technology, vehicle modifications, transportation for purposes of health care

    related

    appointments, prescription and non-prescription medications, and other health care costs actually incurred for services rendered to and supplies utilized by qualified plaintiffs, which are necessary to meet their health care needs, as determined by their treating physicians, physician assistants, or nurse practitioners and as otherwise defined by the commissioner in regulation. See N.Y. Public Health Law 2999-H

  • Radiation: shall mean all ionizing radiation above background levels or any non-ionizing radiation used in diagnostic imaging or in radiation oncology. See N.Y. Uniform Commercial Code 9-617
  • Radiation therapist: means a person, other than a licensed physician, who is licensed under this article to practice radiation therapy. See N.Y. Public Health Law 3501
  • Radiation therapy: means the use of external beam and remote afterloading brachytherapy equipment for the application of ionizing radiation to human beings for therapeutic purposes under the supervision of a radiation oncologist. See N.Y. Public Health Law 3501
  • Radiation therapy services: shall mean the use of high energy x-rays, particles, or radiation materials for the treatment of cancer and other diseases. See N.Y. Public Health Law 238
  • Radiographer: means a person, other than a licensed practitioner, who is licensed under this article to practice radiography. See N.Y. Public Health Law 3501
  • Radiography: means the use of x-rays or x-ray producing equipment on human beings for diagnostic purposes under the supervision of a licensed practitioner. See N.Y. Public Health Law 3501
  • Radiologic technologist: means a person who is licensed under this article to practice radiography or radiation therapy or nuclear medicine. See N.Y. Public Health Law 3501
  • Radiologic technology: means the practice of radiography, radiation therapy and nuclear medicine technology. See N.Y. Public Health Law 3501
  • Radiological physics: shall mean diagnostic radiological physics, therapeutic radiological physics or radiation oncology physics, medical nuclear physics and medical health physics. See N.Y. Uniform Commercial Code 9-617
  • Radiological procedure: shall mean any test, measurement, calculation or radiation exposure for the purpose of diagnosis or treatment of any medical condition of a human, including therapeutic radiation, diagnostic imaging and measurements, and nuclear medicine procedures. See N.Y. Uniform Commercial Code 9-617
  • Railroad: means a private or public railroad operating in the state of New York carrying either freight, passengers or freight and passengers including, but not limited to, those operated by the metropolitan transportation authority and its subsidiaries, the Long Island Rail Road, the metro-north railroad, the Staten Island rapid transit operating authority, the New York city transit authority or any other public authority or local government and shall include tourist excursion operations and railrides on standard gauge tracks. See N.Y. Public Health Law 2165
  • Railroad bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or tracks for carrying freight or passengers or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening whether privately or publicly owned. See N.Y. Public Health Law 2165
  • Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of an attending physician, or the hospital. See N.Y. New York City Administrative Code 7-626
  • 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. See N.Y. New York City Administrative Code 7-501
  • 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. See N.Y. New York City Administrative Code 7-606
  • Recharge: shall mean the downward movement of water to the water table through the soil overlying an aquifer. See N.Y. Public Authorities Law 165
  • Recombinant DNA: means DNA molecules which;

    (a) have been formed by joining together DNA segments in a cell-free system and which have the capacity to enter a cell and to replicate in such cell either autonomously or after they have become an integrated part of such cell's genome; or

    (b) are the result of a replication of the DNA molecules described in paragraph (a) of this subdivision. See N.Y. New York City Administrative Code 9-101

  • Recombinant DNA activity: means the possession of recombinant DNA by any person and any activity undertaken by any person for the production of recombinant DNA. See N.Y. New York City Administrative Code 9-101
  • reference and research library resources system: as used in this article means a duly chartered educational institution resulting from the association of a group of institutions of higher education, libraries, non-profit educational institutions, hospitals, and other institutions organized to improve reference and research library resources service. See N.Y. New York City Administrative Code 27-866
  • Reference system: means a system of assessment of methods, procedures and materials of clinical laboratories and blood banks, including, but not limited to, ongoing validation which may include direct testing and experimentation by the department of such methods, procedures and materials, the distribution of standards and guidelines, inspection of facilities, periodic submission of test specimens for examination, and research conducted by the department that involves the study of new or existing methods, procedures and materials related to the quality of clinical laboratory medicine. See N.Y. Public Health Law 571
  • refrigerated warehouse: shall mean any establishment or structure, or portion thereof, where space is rented or hired for the storage of food at or below the temperature of forty-five degrees Fahrenheit for more than thirty days. See N.Y. New York City Administrative Code 3-109
  • Regional council: means a regional emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
  • Regional medical advisory committee: means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, basic life support providers, advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils. See N.Y. New York City Administrative Code 8-205
  • Regional trauma advisory committee: means a regional trauma advisory committee continued or established by this article. See N.Y. New York City Administrative Code 8-907
  • regionally significant project: shall mean : a manufacturer projecting the creation of fifty or more jobs; or an agri-business or high tech or biotech business making a capital investment of ten million dollars and creating twenty or more jobs; or a financial or insurance services or distribution center creating three hundred or more jobs; or a clean energy research and development enterprise shall be eligible as a regionally significant project as determined by the local zone administrative board and commissioner. See N.Y. Public Health Law 367
  • Register: shall mean the act of assigning a registration number to a snowmobile. See N.Y. Parks, recreation and historic preservation Law 21.05
  • Registered organization: means a registered organization under sections thirty-three hundred sixty-four and thirty-three hundred sixty-five of this title. See N.Y. Public Health Law 3360
  • Registered resident: means a person who passed a funeral directing examination and who is duly registered as such with the department while in the employ of a registered funeral firm and who is engaged in the practice of funeral directing under the supervision of a licensed funeral director or undertaker and embalmer; provided, however, that a registered resident shall not have authority to sign any form or document required by law which requires the signature of a licensed funeral director or make funeral arrangements or own or manage a funeral firm. See N.Y. Public Health Law 3400
  • Registry application: means an application properly completed and filed with the department by a certified patient under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Registry identification card: means a document that identifies a certified patient or designated caregiver, as provided under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Relative: means any person who is related to the child by blood, marriage or adoption and who is not a parent, putative parent or relative of a putative parent of the child. See N.Y. Family Court Law 1012
  • Residence: shall mean a dwelling that the patient considers to be his or her home. See N.Y. New York City Administrative Code 8-116
  • Resident: shall mean any person who, pursuant to a continuing care retirement contract or continuing care at home contract, is entitled to reside in and/or receive services from a continuing care retirement community. See N.Y. New York City Administrative Code 10-203
  • Resident: shall mean any person who, pursuant to a contract, is entitled to reside in and receive services from a fee-for-service continuing care retirement community. See N.Y. New York City Administrative Code 10-604
  • Resident: means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living or enhanced assisted living residence, as applicable. See N.Y. Public Health Law 4651*2
  • Residential health care demonstration facility: shall mean a residential health care facility containing up to sixty beds, within the defined geographical boundary of each health systems agency established under the provisions of subdivision (c) of section twenty-nine hundred four of this chapter, provided that such residential health care facility is an integrated part of a comprehensive system of residential and support services for the elderly, providing either directly or through one or more affiliated entities, prior to the effective date of this subdivision, on or adjacent to the site of the proposed residential health care facility, independent living units, an adult care facility as defined in section two of the social services law and a range of health care and social services, which may include home health care, counselling, case management and information and referral. See N.Y. New York City Administrative Code 10-203
  • Residential health care facility: means a residential health care facility as defined in subdivision three of section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 7-626
  • Residential health care facility: means a residential health care facility as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
  • Riverside: shall mean the cities, towns and villages within the greenway which border the Hudson river and shall include the city of New York, with respect to areas of Bronx and New York counties designated pursuant to section 44-0109 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Roadbed: shall mean the portion of the highway, improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See N.Y. Public Health Law 2140
  • Rural: shall mean (i) a county with a population of two hundred thousand persons or less, or a town with a population density of one hundred fifty persons or less per square mile; and (ii) other rural areas pursuant to standards promulgated in regulation by the commissioner. See N.Y. Public Health Law 238
  • Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302
  • Serious condition: means :

    (i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological

    indication

    of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, or as added by the commissioner; and

    (ii) any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner. See N.Y. Public Health Law 3360

  • Service area: means the geographic area of service approved by the secretary of health and human services, or, in the absence of such approval, by the department. See N.Y. New York City Administrative Code 10-133
  • Service coordinator: means a person who:

    (a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:

    (i) infants and toddlers who may be eligible for services under this title;

    (ii) principles of family-centered services;

    (iii) part H of the federal individuals with disabilities education act and its corresponding regulations;

    (iv) the nature and scope of services available under this title; and

    (v) the requirements for authorizing and paying for such services and other pertinent information;

    (b) is responsible for:

    (i) assisting eligible children and their families in gaining access to services listed on the IFSP;

    (ii) coordinating early intervention services with other services such as medical and health services provided to the child;

    (iii) coordinating the performance of evaluations and assessments;

    (iv) participating in the development, monitoring and evaluation of the IFSP;

    (v) assisting the parent in identifying available service providers;

    (vi) coordinating service delivery;

    (vii) informing the family of advocacy services;

    (viii) where appropriate, facilitating the transition of the child to other appropriate services; and

    (ix) assisting in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and

    (c) meets such other standards as are specified pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541

  • Shisha: means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe. See N.Y. Family Court Law 1024
  • short form: means an abbreviated version of the disclosure statement containing such information from the disclosure statement as the commissioner may require. See N.Y. Family Court Law 1039-B
  • Significant capital investment project: shall mean a project (i) located within an empire zone, (ii) which will be either a newly constructed facility or a newly constructed addition to or expansion of a qualified investment project, consisting of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars, (iii) which is constructed after the basis for federal income tax purposes of the property comprising such qualified investment project equals or exceeds seven hundred fifty million dollars, and (iv) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state. See N.Y. Public Health Law 367
  • Single enterprise: means two or more related business enterprises characterized by an absence of arms length relationships found among enterprises that are not integrated. See N.Y. Public Health Law 367
  • Ski area: means all ski slopes, ski trails and passenger tramways administered as a single enterprise within this state. See N.Y. Public Health Law 541
  • Ski area operator: means a person, firm or corporation, and its agents

    and employees, having operational and administrative responsibility for any ski area, including any agency of the state, any political subdivision thereof, and any other governmental agency or instrumentality. See N.Y. Public Health Law 541

  • Skier: means any person wearing a ski or skis and any person actually on a ski slope or trail located at a ski area, for the purpose of skiing. See N.Y. Public Health Law 541
  • Snowmobile: shall mean a self-propelled vehicle equipped with a motor, originally manufactured and designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or tracked cleats. See N.Y. Parks, recreation and historic preservation Law 21.05
  • Social services: shall mean those services which may include, but not be limited to counseling, case management, and information and referral. See N.Y. New York City Administrative Code 10-203
  • Social services: shall mean those services which may include, but are not limited to counseling, case management, and information and referral. See N.Y. New York City Administrative Code 10-604
  • Soil and water conservation district: means an entity as defined in subdivision one of section three of the soil and water conservation districts law. See N.Y. New York City Administrative Code 5-360
  • Solid waste management facility: means any area or site, structure, facility or equipment used for or in connection with methods including, but not limited to shredding, compression, high-temperature incineration, pyrolization, separation or any other technology for resource recovery, transporting, storing, or the final placement and disposal of solid wastes in a manner satisfactory to the commissioner. See N.Y. Public Health Law 1380
  • Special certification: means a special certification made under subdivision nine of section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Special groundwater protection area: shall mean recharge watershed area within a designated sole source area contained within counties having a population of one million or more which is particularly important for the maintenance of large volumes of high quality groundwater for long periods of time. See N.Y. Public Authorities Law 165
  • specialist assistant: means a person who is registered pursuant to section sixty-five hundred forty-eight of the education law as a specialist assistant for a particular medical speciality as defined by regulations promulgated by the commissioner pursuant to section thirty-seven hundred eleven of this article. See N.Y. New York City Administrative Code 9-202
  • State agency: shall mean any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, recreation and historic preservation Law 31.01
  • State council: means the New York state emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
  • State designated heritage area: shall mean a heritage area designated in section 35. See N.Y. Parks, recreation and historic preservation Law 31.01
  • State early intervention service agencies: means the departments of health, education and social services and the offices of mental health, mental retardation and developmental disabilities and office of alcoholism and substance abuse services. See N.Y. Public Health Law 2541
  • State emergency medical advisory committee: means the state emergency medical advisory committee established by section three thousand two-a of this chapter. See N.Y. New York City Administrative Code 8-907
  • State emergency medical advisory committee: means the state emergency medical advisory committee established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
  • State emergency medical services council: means the state emergency medical services council established by section three thousand two of this chapter. See N.Y. New York City Administrative Code 8-907
  • State emergency medical services council: means the state emergency medical services council established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
  • State emergency medical services for children advisory committee: means the state emergency medical services for children advisory committee continued under this article. See N.Y. New York City Administrative Code 8-1008
  • State hospital review and planning council: means the state hospital review and planning council established by section twenty-nine hundred four of this chapter. See N.Y. New York City Administrative Code 8-907
  • state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 9-117
  • state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 10-112
  • state moneys: shall include moneys paid by the state to the county pursuant to section one hundred twelve and one hundred twelve-a of this chapter and any other moneys appropriated by law for the purposes specified in section one hundred fourteen of this chapter;

    2. See N.Y. Public Health Law 1301

  • State public health plan: means the medical assistance program established by title eleven of article five of the social services law (referred to in this article as "Medicaid"), the elderly pharmaceutical insurance coverage program established by title three of article two of

    the elder law (referred to in this article as "EPIC"), and the family health plus program established by section three hundred sixty-nine-ee of the social services law to the extent that section provides that the program shall be subject to this article. See N.Y. Public Health Law 270

  • State trauma advisory committee: means the state trauma advisory committee continued by this article. See N.Y. New York City Administrative Code 8-907
  • State trauma advisory committee: means the state trauma advisory committee continued under article thirty-B of this chapter. See N.Y. New York City Administrative Code 8-1008
  • storage facility: means any person or facility, which procures, stores or arranges for the storage of (a) non-transplant organs, or (b) tissue for transplantation, therapy, education, research, or fertilization purposes, including autologous procedures. See N.Y. New York City Administrative Code 10-133
  • substandard or insanitary area: shall mean and be interchangeable with a slum, blighted, deteriorated or deteriorating area, or an area which has a blighting influence on the surrounding area, whether residential, non-residential, commercial, industrial, vacant, or land in highways, railway and subway tracks, bridge and tunnel approaches and entrances, or other similar facilities, over which air rights and easements or other rights of user necessary for the use and development of such air rights, to be developed as air rights sites for the elimination of the blighting influence, or any combination thereof and may include land, buildings or improvements, or air rights and concomitant easements or other rights of user necessary for the use and development of such air rights, not in themselves substandard or insanitary, the inclusion of which is deemed necessary for the effective undertaking of one or more urban renewal programs. See N.Y. Public Health Law 230-B
  • Substantial structural alteration: means any work that modifies the load capacity, loan distribution or load paths or structural behavior of the bridge. See N.Y. Public Health Law 2165
  • Suitable person: means any person who plays or has played a significant positive role in the child's life or in the life of the child's family. See N.Y. Family Court Law 1012
  • Summer day camp: shall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June first and September fifteenth in any year by children under sixteen years of age under general supervision, for the purpose of indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations, for a period of less than twenty-four hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. See N.Y. Family Court Law 911
  • Superintendent: shall mean the superintendent of financial services. See N.Y. New York City Administrative Code 10-203
  • Supervision: means the oversight of a licensed radiologic technologist by a licensed practitioner acting within the limits specified in the law under which the practitioner is licensed. See N.Y. Public Health Law 3501
  • Surrogate: means the person selected to make a health care decision on behalf of a patient pursuant to section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
  • Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. New York City Administrative Code 27-943
  • 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. New York City Administrative Code 7-501
  • Surrogate list: means the list set forth in subdivision one of section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
  • Surrogate list: means the list set forth in subdivision two of section twenty-nine hundred sixty-five of this article. See N.Y. New York City Administrative Code 7-501
  • System: means the New York system of heritage areas established pursuant to section 35. See N.Y. Parks, recreation and historic preservation Law 31.01
  • Tanning facility: shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, but shall not include any facility where any such device is used by a qualified health care professional for treatment of medical conditions. See N.Y. New York City Administrative Code 9-110
  • Tattoo: shall mean a mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin. See N.Y. Family Court Law 781
  • Tattoo studio: shall mean any premises in which the tattooist conducts such practice. See N.Y. Family Court Law 781
  • Tattooist: shall mean any person who applies a tattoo to the body of any other person. See N.Y. Family Court Law 781
  • Telehealth: means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation,

    treatment,

    education,

    care

    management and/or self-management of a patient. See N.Y. New York City Administrative Code 8-128

  • 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. New York City Administrative Code 7-501
  • Terminally ill: means an individual has a medical prognosis that the individual's life expectancy is approximately one year or less if the illness runs its normal course. See N.Y. Public Health Law 3360
  • Theme district board: shall mean the board of directors of the theme district, appointed by the county, city, town or village establishing the district, and responsible for the administration and operation of the district. See N.Y. Public Health Law 455
  • Therapeutic class: means a group of prescription drugs that produce a particular intended clinical outcome and are grouped together as a therapeutic class by the pharmacy and therapeutics committee. See N.Y. Public Health Law 270
  • Tissue: means a human eye, skin, bone, bone marrow, heart valve, spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a fluid other than blood or a blood derivative. See N.Y. New York City Administrative Code 10-133
  • Tobacco business: means a sole proprietorship, corporation, limited liability company, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products and accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. See N.Y. Family Court Law 1024
  • Tobacco product manufacturer: means an entity that after the effective date of this article directly (and not exclusively through any affiliate):

    (a) manufacturers cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is

    defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

    (b) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

    (c) becomes a successor of an entity described in paragraph (a) or (b) of this subdivision. See N.Y. Family Court Law 1036

  • Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Family Court Law 1024
  • Town superintendent: shall mean the town superintendent of highways. See N.Y. Public Health Law 2140
  • Town highway: shall mean highways constructed, improved or maintained by the town with the aid of the state or county, under the provisions of the highway law, including all highways in towns, outside of incorporated villages constituting separate road districts, except state highways, county roads, parkways, state thruways and controlled access highways as defined by the highway law. See N.Y. Public Health Law 2140
  • Toxic substance: means any substance which is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. New York City Administrative Code 11-122
  • trail: means the trail established pursuant to section 44-0121 of this article. See N.Y. Parks, recreation and historic preservation Law 41.03
  • Transport system: means an organized health care and transportation system to provide prehospital transport and interfacility transfer to critically ill or injured patients. See N.Y. New York City Administrative Code 8-907
  • Trauma care: means health care provided to patients at high risk of death or disability from multiple and severe injuries. See N.Y. New York City Administrative Code 8-907
  • Trauma system: means an organized health care system to provide trauma care in, or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-907
  • Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Family Court Law 911
  • Treasurer: means a county treasurer, city treasurer, town supervisor, village treasurer, school district treasurer, fire district treasurer, improvement district treasurer, president of a board of health of a consolidated health district, county vocational educational and extension board treasurer, treasurer of a board of cooperative educational services, public general hospital treasurer, or other officer possessing similar powers and duties. See N.Y. Public Health Law 347
  • Ultimate user: means a person who lawfully obtains and possesses a controlled substance for his own use or the use by a member of his household or for an animal owned by him or in his custody. See N.Y. Public Health Law 3302
  • Ultraviolet radiation device: shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See N.Y. New York City Administrative Code 9-110
  • Underserved area: means an area or medically underserved population designated by the commissioner pursuant to regulation, and in consultation with the respective health systems agency, as having a shortage of primary care physicians or primary care practitioners. See N.Y. Family Court Law 834
  • Undertaker: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Undertaking: means the care, disposal, transportation, burial or cremation by any means other than embalming of the body of a deceased person. See N.Y. Public Health Law 3400
  • Undocumented property: means property in the possession of the office for which the office cannot determine the owner by reference to its records. See N.Y. Parks, recreation and historic preservation Law 19.13
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on "roll-your-own" tobacco containers. See N.Y. Family Court Law 1036
  • Voluntary advanced life support first response service: means advanced life support first response service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
  • Voluntary ambulance service: means an ambulance service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
  • Waived test: means a clinical laboratory test that has been designated as a waived test or is otherwise subject to certificate of waiver requirements pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, as amended. See N.Y. Public Health Law 571
  • water works corporation: shall mean any entity that has one thousand or more water service connections, and comes within the definition in section two of the public service law or paragraph (a) of subdivision one of section one hundred twenty-u of the general municipal law. See N.Y. Public Health Law 1150
  • Watershed: shall mean an area where water drains into a specific basin or reservoir, or, for groundwater, a region where water is abundantly recharged to the subsurface groundwater reservoir. See N.Y. Public Authorities Law 165
  • Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. New York City Administrative Code 11-122
  • X-ray or imaging procedure: means and includes conventional diagnostic x-ray or radiology, computer tomography, angiography, magnetic resonance imaging and ultrasound. See N.Y. Public Health Law 3501
  • X-ray or imaging services: shall mean diagnostic imaging techniques which shall include but not be limited to the following:

    (a) Conventional x-ray or radiology. See N.Y. Public Health Law 238

  • Year: shall mean the twelve-month period commencing July first unless otherwise specified. See N.Y. Public Health Law 2541
  • Zone administrative entity: shall mean a community-based local development corporation or entity contracting with the local empire zone board pursuant to paragraph (viii) of subdivision a of section nine hundred sixty-three of this article or the municipality in which the zone is located in those instances where the municipality actively participates in the local administration of the zone program. See N.Y. Public Health Law 367
  • Zone equivalent area: shall mean an area designated as such pursuant to former subdivision (bb) of section nine hundred fifty-nine of this article. See N.Y. Public Health Law 367