Section 09.65.300. Immunity for providing free health care services.

   (a) Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care
        (1) provider is licensed in this state to provide health care services; in this paragraph, "health care provider" includes a health care provider who holds a temporary license or permit to practice as a health care provider;
        (2) services provided were within the scope of the health care provider's license;
        (3) services were provided at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization;
        (4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in (b)(2) and (3) of this section; and
        (5) provider
             (A) obtains informed consent in writing from the person receiving the health care services as described under AS 09.55.556, except in the case of an emergency;
             (B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section; and
             (C) provides the person receiving health care services with written notice of the name of a licensed health care provider in the state that the person receiving health care services may contact for emergency follow-up care within 30 days after a procedure is performed.
   (b) This section does not preclude
        (1) liability for civil damages that are the result of gross negligence or reckless or intentional misconduct;
        (2) a health care provider from receiving payment or being reimbursed for expenses, including travel and room and board while providing voluntary services;
        (3) a medical clinic or facility from charging for its services.
   (c) In this section,
        (1) "health care provider" means a physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, athletic trainer, or certified direct-entry midwife;
        (2) "health care services" means services received by an individual in order to treat or to prevent illness or injury;
        (3) "nonprofit organization" means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).

Authorities

8.07.030

Notes

Recent Bills that will modify this

SB 53 ADVANCED PRACTICE REGISTERED NURSES

References

AS 8.07.030 .030">Sec. 08.07.030. Scope of practice of athletic trainers.

History

(Sec. 3 ch 56 SLA 2004; am Sec. 1, 2 ch 6 SLA 2014; am Sec. 3 ch 36 SLA 2014; am Sec. 4 ch 41 SLA 2014; am Sec. 24 ch 33 SLA 2016)