Section 13.52.080. Immunities.

   (a) A health care provider or health care institution that acts in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for
        (1) providing health care information in good faith under AS 13.52.070;
        (2) complying with a health care decision of a person based on a good faith belief that the person has authority to make a health care decision for a patient, including a decision to withhold or withdraw health care;
        (3) declining to comply with a health care decision of a person based on a good faith belief that the person then lacked authority;
        (4) complying with an advance health care directive and assuming in good faith that the directive was valid when made and has not been revoked or terminated;
        (5) participating in the withholding or withdrawal of cardiopulmonary resuscitation under the direction or with the authorization of a physician or upon discovery of do not resuscitate identification upon an individual;
        (6) causing or participating in providing cardiopulmonary resuscitation or other life-sustaining procedures
             (A) under AS 13.52.065(e) when an individual has made an anatomical gift;
             (B) because an individual has made a do not resuscitate order ineffective under AS 13.52.065(f) or another provision of this chapter; or
             (C) because the patient is a woman of childbearing age and AS 13.52.055 applies; or
        (7) acting in good faith under the terms of this chapter or the law of another state relating to anatomical gifts.
   (b) An individual acting as an agent, a guardian, or a surrogate under this chapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
   (c) A health care provider, health care institution, or health care facility is not subject to civil or criminal liability, or to discipline for unprofessional conduct, if a do not resuscitate order prevents the health care provider, health care institution, or health care facility from attempting to resuscitate a patient who requires cardiopulmonary resuscitation or other resuscitative measures because of complications arising out of health care being administered to the patient by the health care provider, health care institution, or health care facility. This subsection does not apply if the complications suffered by the patient are caused by gross negligence or reckless or intentional actions on the part of the health care provider, health care institution, or health care facility.

Authorities

13.52.213;13.52.243

Notes

References

AS 13.52.213 Search and notification.
AS 13.52.243 Immunity.

History

(Sec. 3 ch 83 SLA 2004; am Sec. 8, 9 ch 103 SLA 2006)