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Emergency Law Inventory | Full Law Text

Law Number

Alaska Stat. 18.08.086(a)

Summary Title

Good Samaritan Law: Emergency Medical Services Provider

Summary

An emergency medical services provider, a public agency controlling their activities, and health care professionals and emergency medical dispatchers advising emergency medical services providers who, in good faith, provide emergency medical services to a person appearing to be in immediate danger will not be held legally responsible for acting or failing to act. They can be held legally responsible if they act outside of their scope of practice, with extreme carelessness, or intent 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 from Liability

Full Text

(a) A person certified under AS 18.08.082 who administers emergency medical services to an injured or sick person, a person or public agency that employs, sponsors, directs, or controls the activities of persons certified under AS 18.08.082 who administer emergency medical services to an injured or sick person, or a health care professional or emergency medical dispatcher acting within the scope of the person's certification who directs or advises a person to administer emergency medical services to an injured or sick person is not liable for civil damages as a result of an act or omission in administering those services or giving that advice or those directions if the administering, advising, and directing are done in good faith and the injured or sick person reasonably seems to be in immediate danger of serious harm or death. This subsection does not preclude liability for civil damages that are the proximate result of gross negligence or intentional misconduct, nor preclude imposition of liability on a person or public agency that employs, sponsors, directs, or controls the activities of persons certified under AS 18.08.082 if the act or omission is a proximate result of a breach of duty to act created under this chapter. For the purposes of this subsection, "gross negligence" means reckless, wilful, or wanton misconduct.