00                       CS FOR HOUSE BILL NO. 70(L&C)                                                                     
01 "An Act relating to emergency medical services for operational canines; relating to the                                 
02 powers, duties, and liability of emergency medical technicians and mobile intensive care                                
03 paramedics; relating to the practice of veterinary medicine; and providing for an                                       
04 effective date."                                                                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 08.98.120(a) is amended to read:                                                                   
07 (a)  A person may not practice veterinary medicine, surgery, or dentistry unless                                        
08 the person is licensed as a veterinarian under this chapter or has a temporary permit                                   
09 issued under AS 08.98.186, except that a person may perform [FUNCTIONS                                                  
10       AUTHORIZED BY]                                                                                                    
11                 (1)  functions authorized by regulation of the board if the person is                               
12       licensed as a veterinary technician; [OR]                                                                         
13                 (2)  functions authorized by a permit issued under AS 08.02.050 if the                              
14       person is employed by an agency that has a permit issued under AS 08.02.050; or                               
01 (3)  emergency medical services on an operational canine under                                                      
02 AS 18.08.093 if the person is certified as an emergency medical technician or                                       
03       licensed as a mobile intensive care paramedic.                                                                
04    * Sec. 2. AS 18.08.075(a) is amended to read:                                                                      
05 (a)  An emergency medical technician or mobile intensive care paramedic who                                             
06 responds to an emergency with an ambulance service or first responder service, who                                      
07 has in the technician's or mobile intensive care paramedic's possession a current                                       
08 emergency medical technician or mobile intensive care paramedic identification card,                                    
09 and who provides emergency medical care or other emergency medical service, has                                         
10       the authority to                                                                                                  
11 (1)  control and direct activities at the accident site or emergency until                                              
12       the arrival of law enforcement personnel;                                                                         
13 (2)  order a person other than the owner to leave a building or place in                                                
14 the vicinity of the accident or other emergency for the purpose of protecting the person                                
15       from injury;                                                                                                      
16 (3)  temporarily block a public highway, street, or private right-of-way                                                
17       while at the scene of an accident, illness, or emergency;                                                         
18 (4)  trespass on [UPON] property at or near the scene of an accident,                                               
19       illness, or emergency at any time of day or night;                                                                
20 (5)  enter a building, including a private dwelling, or premises where a                                                
21 report of an injury or illness has taken place or where there is a reasonable cause to                                  
22 believe an individual or operational canine has been injured or is ill to render                                    
23       emergency medical care; and                                                                                       
24 (6)  direct the removal or destruction of a motor vehicle or other thing                                                
25 that the emergency medical technician or mobile intensive care paramedic determines                                     
26 is necessary to prevent further harm to injured or ill individuals or operational                                   
27       canines.                                                                                                      
28    * Sec. 3. AS 18.08.082(a) is amended to read:                                                                      
29 (a)  The department shall prescribe by regulation a course of training or other                                         
30 requirements prerequisite to the issuance of certificates or licenses that provide for the                              
31       following:                                                                                                        
01 (1)  certification of a person who meets the training and other                                                         
02 requirements as an emergency medical technician, emergency medical technician                                           
03       instructor, or emergency medical dispatcher;                                                                      
04 (2)  authorization for an emergency medical technician certified under                                                  
05 this chapter to provide under the written or oral direction of a physician the advanced                                 
06 life support services enumerated on the certificate or enumerated on a written                                          
07 document filed with the department by the technician's medical director and approved                                    
08       by the department under its regulations;                                                                          
09 (3)  certification that a person, organization, or government agency that                                               
10 provides an emergency medical service, conducts a training course for a mobile                                          
11 intensive care paramedic, or represents itself as a trauma center meets the minimum                                     
12       standards prescribed by the department for that service, course, or designation;                                  
13 (4)  authorization for an emergency medical service certified under this                                                
14 chapter to provide under the written or oral direction of a physician the advanced life                                 
15 support services enumerated on the certificate or enumerated on a written document                                      
16 filed with the department by the medical director for the emergency medical service                                     
17       and approved by the department under its regulations; [AND]                                                       
18 (5)  licensure of a mobile intensive care paramedic and the medical                                                     
19       services that a mobile intensive care paramedic may perform, including the                                        
20 (A)  educational and other qualifications, which may include                                                            
21            education in pain management and opioid use and addiction;                                                   
22                      (B)  application and licensing procedures;                                                         
23                      (C)  scope of activities authorized; and                                                           
24                      (D)  responsibilities of a supervising or training physician; and                              
25 (6)  authorization for an emergency medical technician certified                                                    
26 under this chapter or mobile intensive care paramedic licensed under this                                           
27 chapter to provide to operational canines the emergency medical services                                            
28 enumerated on a written document filed with the department by the medical                                           
29       director and approved by the department in regulation.                                                      
30    * Sec. 4. AS 18.08.086(a) is amended to read:                                                                      
31 (a)  A person certified or licensed under AS 18.08.082 who administers                                                  
01 emergency medical services to an injured or sick person or who, under AS 18.08.093,                                 
02 administers emergency medical services to an operational canine, a person or                                        
03 public agency that employs, sponsors, directs, or controls the activities of persons                                    
04 certified or licensed under AS 18.08.082 who administer emergency medical services                                      
05 to an injured or sick person or who, under AS 18.08.093, administer emergency                                       
06 medical services to an operational canine, or a health care professional or                                         
07 emergency medical dispatcher acting within the scope of the person's certification or                                   
08 licensure who directs or advises a person to administer emergency medical services to                                   
09 an injured or sick person is not liable for civil damages as a result of an act or                                      
10 omission in administering those services or giving that advice or those directions if the                               
11 administering, advising, and directing are done in good faith and the injured or sick                                   
12 person or operational canine reasonably seems to be in immediate danger of serious                                  
13 harm or death. This subsection does not preclude liability for civil damages that are                                   
14 the proximate result of gross negligence or intentional misconduct, nor preclude                                        
15 imposition of liability on a person or public agency that employs, sponsors, directs, or                                
16 controls the activities of persons certified or licensed under AS 18.08.082 if the act or                               
17 omission is a proximate result of a breach of duty to act created under this chapter. In                                
18       this subsection, "gross negligence" means reckless, wilful, or wanton misconduct.                                 
19    * Sec. 5. AS 18.08.087 is amended to read:                                                                         
20 Sec. 18.08.087. Disclosure of medical records. When requested for the                                                 
21 purpose of evaluating the performance of an emergency medical technician, mobile                                        
22 intensive care paramedic, or physician who provided emergency medical care or other                                     
23 assistance to a sick or injured person, a licensed physician, advanced practice                                         
24 registered nurse, or physician assistant may disclose to an emergency medical                                           
25 technician, [A] mobile intensive care paramedic, or physician the medical or hospital                                   
26 records of a sick or injured person to whom the paramedic, technician, or physician is                                  
27 providing or has rendered emergency medical care or assistance. [HOWEVER, THE                                           
28 DISCLOSING PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, OR                                                            
29 PHYSICIAN ASSISTANT SHALL LIMIT DISCLOSURE UNDER THIS SECTION                                                           
30 TO THE RECORDS THAT ARE CONSIDERED NECESSARY BY THE                                                                     
31 DISCLOSER FOR EVALUATION OF THE PARAMEDIC'S, TECHNICIAN'S, OR                                                           
01 PHYSICIAN'S PERFORMANCE IN PROVIDING THE EMERGENCY MEDICAL                                                              
02 CARE OR ASSISTANCE. A MOBILE INTENSIVE CARE PARAMEDIC,                                                                  
03 EMERGENCY MEDICAL CARE TECHNICIAN, OR PHYSICIAN TO WHOM                                                                 
04 CONFIDENTIAL RECORDS ARE DISCLOSED UNDER THIS SECTION MAY                                                               
05 NOT FURTHER DISCLOSE THE INFORMATION TO A PERSON NOT                                                                    
06 ENTITLED TO RECEIVE THAT INFORMATION UNDER THIS SECTION OR                                                              
07       ANOTHER LAW.]                                                                                                   
08    * Sec. 6. AS 18.08.087 is amended by adding new subsections to read:                                               
09 (b)  When requested for the purpose of evaluating the performance of an                                                 
10 emergency medical technician or mobile intensive care paramedic who provided                                            
11 emergency medical care or other assistance to a sick or injured operational canine, a                                   
12 licensed veterinarian may disclose to an emergency medical technician or mobile                                         
13 intensive care paramedic the medical or hospital records of a sick or injured                                           
14 operational canine to whom the technician or paramedic is providing or has rendered                                     
15       emergency medical care or assistance.                                                                             
16 (c)  An individual making a disclosure under this section shall limit the                                               
17 disclosure to the records that are considered necessary by the discloser for evaluation                                 
18 of the technician's, paramedic's, or physician's performance in providing the                                           
19 emergency medical care or assistance. An emergency medical care technician, mobile                                      
20 intensive care paramedic, physician, or veterinarian to whom confidential records are                                   
21 disclosed under this section may not further disclose the information to a person not                                   
22       entitled to receive that information under this section or another law.                                           
23    * Sec. 7. AS 18.08 is amended by adding a new section to read:                                                     
24 Sec. 18.08.093. Emergency medical services for operational canines. (a) An                                            
25 emergency medical technician or mobile intensive care paramedic may provide                                             
26 emergency medical services to an operational canine if the emergency medical                                            
27       technician or mobile intensive care paramedic                                                                     
28 (1)  reasonably determines that there is an immediate danger of serious                                                 
29 harm to or death of the operational canine and that a veterinarian is unavailable to                                    
30 provide emergency medical services to the operational canine soon enough to address                                     
31       the danger;                                                                                                       
01                 (2)  is authorized to provide the emergency medical services to an                                      
02       operational canine under AS 18.08.082(a)(6); and                                                                  
03                 (3)  meets at least one of the following requirements:                                                  
04 (A)  the emergency medical technician or mobile intensive care                                                          
05 paramedic has obtained informed consent from the owner of the operational                                               
06 canine or a person authorized to make medical decisions about the operational                                           
07            canine;                                                                                                      
08                      (B)  the emergency medical technician or mobile intensive care                                     
09            paramedic is employed by the governmental agency that owns or has authority                                  
10            to make medical decisions about the operational canine; or                                                   
11                      (C)  the emergency medical technician or mobile intensive care                                     
12            paramedic provides the emergency medical service in accordance with a                                        
13            written protocol developed and approved by a veterinarian.                                                   
14 (b)  An emergency medical technician or mobile intensive care paramedic who                                             
15 provides an emergency medical service to an operational canine under (a) of this                                        
16 section shall transfer the operational canine to a licensed veterinarian at the earliest                                
17       practicable opportunity.                                                                                          
18    * Sec. 8. AS 18.08.200 is amended by adding new paragraphs to read:                                                
19                 (15)  "operational canine" means a dog used                                                             
20                      (A)  by law enforcement or other government agencies; or                                           
21                      (B)  in search and rescue operations;                                                              
22                 (16)  "veterinarian" means a veterinarian licensed under AS 08.98.                                      
23    * Sec. 9. This Act takes effect January 1, 2026.