HB 288: "An Act relating to immunity for consulting physicians."
00 HOUSE BILL NO. 288 01 "An Act relating to immunity for consulting physicians." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.55 is amended by adding a new section to read: 04 Sec. 09.55.552. Physician immunity; uncompensated consultation. (a) A 05 consulting physician is immune from civil liability for claims arising from 06 professional services provided to a patient if 07 (1) the patient is not a current or former patient of the consulting 08 physician or the consulting physician's practice; 09 (2) the consulting physician does not examine or treat the patient; 10 (3) the consulting physician or the consulting physician's practice is 11 not compensated for the consultation; 12 (4) the consulting physician is not a subordinate or supervisor of the 13 physician who requested the consultation; 14 (5) the consulting physician is not serving as a locum tenens or 15 otherwise temporarily managing the practice of the physician who requested the
01 consultation; 02 (6) the consulting physician is not on call at the time of the 03 consultation; 04 (7) the consulting physician is not required to provide medical services 05 to the patient under 42 U.S.C. 1395dd (Emergency Medical Treatment and Active 06 Labor Act) at the time of the consultation; and 07 (8) a written report prepared by the consulting physician is not 08 included in the patient's file. 09 (b) Notwithstanding AS 09.17.080, a court may not reduce the civil liability 10 of, or damages awarded against, a physician who requested consultation on grounds 11 that a consulting physician under (a) of this section should be held liable. 12 (c) In this section, 13 (1) "consulting physician" means a physician licensed under AS 08.64 14 who provides advice to a physician who requested consultation about a patient; 15 (2) "health care facility" means a private, municipal, or state hospital, 16 psychiatric hospital, emergency department, independent diagnostic testing facility, 17 residential psychiatric treatment center as defined in AS 47.32.900, kidney disease 18 treatment center (including freestanding hemodialysis units), office of a private 19 physician or dentist whether in individual or group practice, ambulatory surgical 20 center as defined in AS 47.32.900, free-standing birth center as defined in 21 AS 47.32.900, and rural health clinic as defined in AS 47.32.900.