Section 09.65.095. Liability for administration of blood test.

   (a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken
        (1) at the request of a police officer under the circumstances specified in AS 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and
        (2) without the use of excessive or unreasonable force.
   (b) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.
   (c) In this section,
        (1) "health care provider" means a nurse licensed under AS 08.68, a physician licensed under AS 08.64, and a person certified by a hospital as competent to take blood samples;
        (2) "hospital" means a hospital as defined in AS 47.32.900, including a governmentally owned or operated hospital.

Notes

History

(Sec. 1 ch 80 SLA 1977; am Sec. 5 ch 117 SLA 1982; am Sec. 2 ch 57 SLA 2005)