00                             HOUSE BILL NO. 236                                                                          
01 "An Act relating to the liability of public health officials."                                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 09.50 is amended by adding a new section to read:                                                    
04 Sec. 09.50.255. Liability of public health officials. (a) A public health official                                      
05 who is acting within the public health official's scope of employment is personally                                     
06 liable for damages resulting from the negligence, recklessness, or intentional                                          
07 misconduct of the public health official when issuing public health guidance, a                                         
08       recommendation, or a mandate to the state government or the public.                                               
09            (b)  A public health official who issues public health guidance, a                                           
10 recommendation, or a mandate or who affirms public health guidance, a                                                   
11 recommendation, or a mandate published by another entity without first reaching the                                     
12 public health official's own conclusions and professional opinion regarding the                                         
13 prudence of the guidance, recommendation, or mandate is negligent and subject to                                        
14       civil liability under (a) of this section.                                                                        
15            (c)  In this section, "public health official" means a licensed medical or public                            
01       health expert employed by the state or a political subdivision of the state.                                      
02    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                            
03 read:                                                                                                                   
04       APPLICABILITY. This Act applies to public health guidance, recommendations, or                                    
05 mandates issued by a public health official on or after the effective date of this Act.