00                            SENATE BILL NO. 65                                                                          
01 "An Act relating to immunity for consulting physicians, podiatrists, osteopaths,                                        
02 advanced practice registered nurses, physician assistants, dentists, optometrists, and                                  
03 pharmacists."                                                                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 09.55 is amended by adding a new section to read:                                                  
06            Sec. 09.55.552. Consulting health care provider immunity; uncompensated                                    
07       consultation. (a) A consulting health care provider is immune from civil liability for                          
08       claims arising from professional services provided to a patient if                                                
09                 (1)  the patient is not a current or former patient of the consulting health                            
10       care provider or of the consulting health care provider's practice;                                               
11                 (2)  the consulting health care provider does not examine or treat the                                  
12       patient;                                                                                                          
13                 (3)  the consulting health care provider or the consulting health care                                  
14       provider's practice is not compensated for the consultation;                                                      

01                 (4)  the consulting health care provider is not a subordinate or                                        
02       supervisor of the health care provider who requested the consultation;                                            
03                 (5)  the consulting health care provider is not serving as a locum tenens                               
04       or otherwise temporarily managing the practice of the health care provider who                                    
05       requested the consultation;                                                                                       
06                 (6)  the consulting health care provider is not on call at the health care                              
07       facility in which the patient is being treated at the time of the consultation;                                   
08                 (7)  the consulting health care provider did not accept responsibility to                               
09       be on call for the patient about whom the consultation is requested before the                                    
10       consultation;                                                                                                     
11 (8)  the consulting health care provider is not required to provide                                                     
12 medical services to the patient under 42 U.S.C. 1395dd (Emergency Medical                                               
13       Treatment and Active Labor Act) at the time of the consultation; and                                              
14                 (9)  a written report is not prepared as a result of the consultation.                                  
15 (b)  Notwithstanding AS 09.17.080, a court may not reduce the civil liability                                           
16 of, or damages awarded against, a health care provider who requests a consultation on                                   
17 grounds that a consulting health care provider under (a) of this section should be held                                 
18       liable.                                                                                                           
19            (c)  In this section,                                                                                        
20 (1)  "consulting health care provider" means a health care provider who                                                 
21       provides advice to another health care provider;                                                                  
22 (2)  "health care facility" means a private, municipal, or state hospital,                                              
23 psychiatric hospital, emergency department, independent diagnostic testing facility,                                    
24 residential psychiatric treatment center as defined in AS 47.32.900, kidney disease                                     
25 treatment center (including freestanding hemodialysis units), office of a private                                       
26 physician or dentist whether in individual or group practice, ambulatory surgical                                       
27 center as defined in AS 47.32.900, free-standing birth center as defined in                                             
28       AS 47.32.900, and rural health clinic as defined in AS 47.32.900;                                                 
29 (3)  "health care provider" means a physician, podiatrist, or osteopath                                                 
30 licensed under AS 08.64.170 - 08.64.250, an advanced practice registered nurse                                          
31 licensed under AS 08.68, a physician assistant licensed under AS 08.64.107, a dentist                                   

01       licensed under AS 08.36, an optometrist licensed under AS 08.72, or a pharmacist                                  
02       licensed under AS 08.80.