00                            HOUSE BILL NO. 260                                                                          
01 "An Act relating to immunity for free health care services provided by certain health                                   
02 care providers; and providing for an effective date."                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       SHORT TITLE.  This Act may be known as the Volunteer Health Care Provider                                         
07 Immunity Act of 2003.                                                                                                   
08    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       FINDINGS.  The legislature finds that                                                                             
11            (1)  many of the state's most senior and experienced physicians will be retiring                             
12 in the next five to 10 years; retiring physicians deciding to reside in Alaska could continue to                        
13 benefit our local communities by volunteering their medical services;                                                   
14            (2)  historically, Alaska has had difficulty in attracting and maintaining                                   

01 adequate numbers of qualified physicians; currently, Alaska ranks 49th in the number of                                 
02 physicians per capita, while Alaska's physicians continue to grow older, reaching an average                            
03 age of 51 years;                                                                                                        
04            (3)  without civil liability protection, retired physicians would be unwilling to                            
05 provide free services to the indigent and elderly;                                                                      
06            (4)  43 states have enacted legislation limiting liability for retired physicians,                           
07 thus encouraging retired physicians to continue in providing voluntary medical services; and                            
08            (5)  removing liability requirements for retired physicians would be in the best                             
09 interests of the state; retired physicians unhindered by expensive malpractice insurance would                          
10 be more inclined to volunteer necessary and important medical services to all Alaskans.                                 
11    * Sec. 3.  AS 09.65 is amended by adding a new section to read:                                                    
12            Sec. 09.65.290.  Immunity for providing free health care services.  (a)                                    
13       Except as otherwise provided in this section, a health care provider who provides                                 
14       health care services to another person is not liable for civil damages resulting from an                          
15       act or omission in providing the health care services if the health care                                          
16                 (1)  provider is licensed in this state to provide health care services;                                
17                 (2)  services provided were within the scope of the health care                                         
18       provider's license;                                                                                               
19                 (3)  services were provided at a medical clinic, medical facility,                                      
20       nonprofit facility, or facility owned by a municipality, the state, or the United States                          
21       government; and                                                                                                   
22                 (4)  services were provided without charge for the services.                                            
23            (b)  This section does not preclude liability for civil damages that are the result                          
24       of gross negligence or reckless or intentional misconduct.                                                        
25            (c)  In this section,                                                                                        
26                 (1)  "health care provider" means a state licensed physician, physician                                 
27       assistant, dentist, osteopath, optometrist, chiropractor, registered nurse, practical nurse,                      
28       nurse midwife, advanced nurse practitioner, naturopath, physical therapist,                                       
29       occupational therapist, marital and family therapist, psychologist, psychological                                 
30       associate, licensed clinical social worker, or certified direct-entry midwife;                                    
31                 (2)  "health care services" means services received by an individual in                                 

01       order to treat or to prevent illness or injury.                                                                   
02    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       APPLICABILITY.  This Act applies to a cause of action that accrues on or after the                                
05 effective date of this Act.                                                                                             
06    * Sec. 5.  This Act takes effect July 1, 2003.