00Enrolled HB 260                                                                                                         
01 Relating to immunity for free health care services provided by certain health care providers;                           
02 and providing for an effective date.                                                                                    
03                           _______________                                                                               
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 2004.                                                                                                   
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. 09.65.300.  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, temporary emergency site, or other facility owned or operated by a                            
21       governmental entity or nonprofit organization and the health care provider was acting                             
22       within the scope of the provider's responsibilities in the medical clinic, governmental                           
23       entity, or nonprofit organization;                                                                                
24                 (4)  services were provided voluntarily and without pay to the health                                   
25       care provider for the services, except as provided in (b)(2) and (3) of this section; and                         
26                 (5)  provider                                                                                           
27                      (A)  obtains informed consent from the person receiving the                                        
28            health care services as described under AS 09.55.556, except in the case of an                               
29            emergency; and                                                                                               
30                      (B)  provides the person receiving the health care services                                        
31            advance written notice of the immunity provided under this section to a health                               

01            care provider when providing voluntary health care services as described under                               
02            this section.                                                                                                
03            (b)  This section does not preclude                                                                          
04                 (1)  liability for civil damages that are the result of gross negligence or                             
05       reckless or intentional misconduct;                                                                               
06                 (2)  a health care provider from receiving payment or being reimbursed                                  
07       for expenses, including travel and room and board while providing voluntary services;                             
08                 (3)  a medical clinic or facility from charging for its services.                                       
09            (c)  In this section,                                                                                        
10                 (1)  "health care provider" means a state licensed physician, physician                                 
11       assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered                            
12       nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath,                                   
13       physical therapist, occupational therapist, marital and family therapist, psychologist,                           
14       psychological associate, licensed clinical social worker, or certified direct-entry                               
15       midwife;                                                                                                          
16                 (2)  "health care services" means services received by an individual in                                 
17       order to treat or to prevent illness or injury;                                                                   
18                 (3)  "nonprofit organization" means an organization that qualifies for                                  
19       exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).                                 
20    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       APPLICABILITY.  This Act applies to a cause of action that accrues on or after the                                
23 effective date of this Act.                                                                                             
24    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).