SB 297: "An Act establishing civil and criminal liability for obstruction near a health care facility."
00SENATE BILL NO. 297 01 "An Act establishing civil and criminal liability for obstruction near a health care 02 facility." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS; SHORT TITLE. (a) The legislature finds that 05 (1) access to health care facilities for the purpose of obtaining medical 06 counseling and treatment is imperative for the citizens of this state; 07 (2) the exercise of a person's right to protest or counsel against certain medical 08 procedures must be balanced against another person's right to obtain medical counseling and 09 treatment in an unobstructed manner; and 10 (3) preventing the wilful obstruction of a person's access to medical counseling 11 and treatment at a health care facility is a matter of statewide concern that should be addressed 12 by appropriate legislation. 13 (b) This Act may be known as the "Alaska Freedom of Access to Clinics Act." 14 * Sec. 2. AS 09.65 is amended by adding a new section to read:
01 Sec. 09.65.112. CIVIL LIABILITY FOR OBSTRUCTION NEAR A HEALTH 02 CARE FACILITY. (a) A person who commits an act prohibited under 03 AS 11.61.115 or incites another to commit an act prohibited under AS 11.61.115 is, 04 in addition to any criminal penalty provided by law, subject to injunctive relief and 05 liable for damages in a civil action brought by the person whose passage was 06 obstructed, detained, hindered, impeded, or blocked or who was approached without 07 consent, as described in AS 11.61.115. 08 (b) Conviction of an offense under AS 11.61.115 is not a condition precedent 09 to maintaining a civil action under this section. 10 * Sec. 3. AS 11.61 is amended by adding a new section to read: 11 Sec. 11.61.115. OBSTRUCTION NEAR A HEALTH CARE FACILITY. (a) 12 A person commits the crime of obstruction near a health care facility if the person 13 knowingly 14 (1) obstructs, detains, hinders, impedes, or blocks another person's 15 entry to or exit from a health care facility; or 16 (2) approaches within eight feet of another person, without that person's 17 consent, for the purpose of passing a leaflet or handbill to, displaying a sign to, or 18 engaging in oral protest, education, or counseling with the person being approached 19 while the person being approached is on public property within 100 feet of a door to 20 a health care facility. 21 (b) This section may not be interpreted to prohibit a lawful activity permitted 22 by state or federal law in connection with a labor dispute or in connection with 23 activities of a contractor who temporarily impedes access to or from a health care 24 facility through construction or repair of a street, sidewalk, utility, or a similar capital 25 improvement project. 26 (c) In this section, 27 (1) "health care facility" means a hospital, as defined in AS 18.20.130, 28 an ambulatory surgical facility, the office of a physician, whether in private or group 29 practice, and any other place where the administration of medical treatment is licensed, 30 certified, or otherwise authorized or permitted by law; 31 (2) "person" does not include an officer, employee, or agent of the
01 health care facility or a law enforcement officer, acting in the course of the person's 02 employment. 03 (d) Obstruction near a health care facility is a class B misdemeanor.