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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 269                                                                                                         
01 Relating to immunity for health care providers who provide health care services voluntarily                             
02 and without pay; and providing for an effective date.                                                                   
03                           _______________                                                                               
04    * Section 1. AS 09.65.300(a) is amended to read:                                                                   
05            (a)  Except as otherwise provided in this section, a health care provider who                                
06       provides health care services to another person is not liable for civil damages resulting                         
07       from an act or omission in providing the health care services if the health care                                  
08                 (1)  provider is licensed in this state to provide health care services; in                         
09       this paragraph, "health care provider" includes a health care provider who holds                              
10       a temporary license or permit to practice as a health care provider;                                          
11                 (2)  services provided were within the scope of the health care                                         
12       provider's license;                                                                                               
13                 (3)  services were provided at a medical clinic, medical facility,                                      
14       nonprofit facility, temporary emergency site, or other facility owned or operated by a                            
01       governmental entity or nonprofit organization and the health care provider was acting                             
02       within the scope of the provider's responsibilities in the medical clinic, governmental                           
03       entity, or nonprofit organization;                                                                                
04                 (4)  services were provided voluntarily and without pay to the health                                   
05       care provider for the services, except as provided in (b)(2) and (3) of this section; and                         
06                 (5)  provider                                                                                           
07                      (A)  obtains informed consent in writing from the person                                       
08            receiving the health care services as described under AS 09.55.556, except in                                
09            the case of an emergency; [AND]                                                                              
10                      (B)  provides the person receiving the health care services                                        
11            advance written notice of the immunity provided under this section to a health                               
12            care provider when providing voluntary health care services as described under                               
13            this section; and                                                                                        
14                      (C)  provides the person receiving health care services with                                   
15            written notice of the name of a licensed health care provider in the state                               
16            that the person receiving health care services may contact for emergency                                 
17            follow-up care within 30 days after a procedure is performed.                                            
18    * Sec. 2. AS 09.65.300(c)(1) is amended to read:                                                                   
19                 (1)  "health care provider" means a [STATE LICENSED] physician,                                         
20       physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor,                             
21       registered nurse, practical nurse, nurse midwife, advanced nurse practitioner,                                    
22       naturopath, physical therapist, occupational therapist, marital and family therapist,                             
23       psychologist, psychological associate, licensed clinical social worker, or certified                              
24       direct-entry midwife;                                                                                             
25    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).                                                 
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