{"health care provider":"physician, physician assistant, dentist, dental hygienist, registered nurse, practical nurse, midwife, advanced nurse practioner, physical\/occupational therapist, therapist, psychologist, behavior analysist, or clinical social worker "}
Emergency Law Inventory | Full Law Text

Law Number

Alaska Stat. 09.65.300

Summary Title

Good Samaritan Law: Providing Free Health Care Services

Summary

A licensed health care provider who, voluntarily and without compensation, provides services at a medical facility, nonprofit facility, government site, or a temporary emergency site will not be held legally responsible for these services if they were within the provider's scope of practice. A licensed health care provider can be held legally responsible if they act with extreme carelessness or intentionally to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Immunity for Providing Free Health Care Services

Full Text

(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) [See delayed amendment note.] "health care provider" means a physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 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).