Section 11.41.470. Definitions.

For purposes of AS 11.41.410 - 11.41.470, unless the context requires otherwise,
        (1) "health care worker" includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, nurse practitioner, osteopath, naturopath, physical therapist, physical therapy assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;
        (2) "incapacitated" means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act;
        (3) "legal guardian" means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Health and Social Services employees, foster parents, and staff members and other employees of group homes or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Health and Social Services, and police officers, probation officers, and social workers when those persons are exercising custodial control over a minor or other person;
        (4) "mentally incapable" means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;
        (5) "position of authority" means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor;
        (6) "sexual act" means sexual penetration or sexual contact;
        (7) "victim" means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;
        (8) "without consent" means that a person
             (A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of death, imminent physical injury, or kidnapping to be inflicted on anyone; or
             (B) is incapacitated as a result of an act of the defendant.

Authorities

11.56.765;11.56.767;12.55.125;12.55.155

Notes

Recent Bills that will modify this

SB 53 ADVANCED PRACTICE REGISTERED NURSES

References

AS 11.56.765 Failure to report a violent crime committed against a child.
AS 11.56.767 Failure to report a violent crime committed against an adult.
AS 12.55.125 Sentences of imprisonment for felonies.
AS 12.55.155 Factors in aggravation and mitigation.

History

(Sec. 3 ch 166 SLA 1978; am Sec. 5 ch 78 SLA 1983; am Sec. 5 ch 96 SLA 1988; am Sec. 28 ch 50 SLA 1989; am Sec. 5 ch 151 SLA 1990; am Sec. 9 ch 79 SLA 1992; am Sec. 7 ch 63 SLA 1997; am Sec. 3 ch 33 SLA 2000; am Sec. 25 ch 33 SLA 2016)