Enrolled HB 70: Relating to emergency medical services for operational canines; relating to the powers, duties, and liability of emergency medical technicians and mobile intensive care paramedics; relating to the practice of veterinary medicine; relating to civil liability of veterinarians; and providing for an effective date.
00Enrolled HB 70 01 Relating to emergency medical services for operational canines; relating to the powers, duties, 02 and liability of emergency medical technicians and mobile intensive care paramedics; relating 03 to the practice of veterinary medicine; relating to civil liability of veterinarians; and providing 04 for an effective date. 05 _______________ 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 09.65.097 is amended by adding a new subsection to read: 05 (c) A veterinarian licensed in this jurisdiction who in good faith receives the 06 transfer of an operational canine under AS 18.08.093(b) is not liable for civil damages 07 as a result of an act or omission of the emergency medical technician or mobile 08 intensive care paramedic who transferred the operational canine to the veterinarian. 09 * Sec. 3. AS 18.08.075(a) is amended to read: 10 (a) An emergency medical technician or mobile intensive care paramedic who 11 responds to an emergency with an ambulance service or first responder service, who 12 has in the technician's or mobile intensive care paramedic's possession a current 13 emergency medical technician or mobile intensive care paramedic identification card, 14 and who provides emergency medical care or other emergency medical service, has 15 the authority to 16 (1) control and direct activities at the accident site or emergency until 17 the arrival of law enforcement personnel; 18 (2) order a person other than the owner to leave a building or place in 19 the vicinity of the accident or other emergency for the purpose of protecting the person 20 from injury; 21 (3) temporarily block a public highway, street, or private right-of-way 22 while at the scene of an accident, illness, or emergency; 23 (4) trespass on [UPON] property at or near the scene of an accident, 24 illness, or emergency at any time of day or night; 25 (5) enter a building, including a private dwelling, or premises where a 26 report of an injury or illness has taken place or where there is a reasonable cause to 27 believe an individual or operational canine has been injured or is ill to render 28 emergency medical care; and 29 (6) direct the removal or destruction of a motor vehicle or other thing 30 that the emergency medical technician or mobile intensive care paramedic determines 31 is necessary to prevent further harm to injured or ill individuals or operational
01 canines. 02 * Sec. 4. AS 18.08.082(a) is amended to read: 03 (a) The department shall prescribe by regulation a course of training or other 04 requirements prerequisite to the issuance of certificates or licenses that provide for the 05 following: 06 (1) certification of a person who meets the training and other 07 requirements as an emergency medical technician, emergency medical technician 08 instructor, or emergency medical dispatcher; 09 (2) authorization for an emergency medical technician certified under 10 this chapter to provide under the written or oral direction of a physician the advanced 11 life support services enumerated on the certificate or enumerated on a written 12 document filed with the department by the technician's medical director and approved 13 by the department under its regulations; 14 (3) certification that a person, organization, or government agency that 15 provides an emergency medical service, conducts a training course for a mobile 16 intensive care paramedic, or represents itself as a trauma center meets the minimum 17 standards prescribed by the department for that service, course, or designation; 18 (4) authorization for an emergency medical service certified under this 19 chapter to provide under the written or oral direction of a physician the advanced life 20 support services enumerated on the certificate or enumerated on a written document 21 filed with the department by the medical director for the emergency medical service 22 and approved by the department under its regulations; [AND] 23 (5) licensure of a mobile intensive care paramedic and the medical 24 services that a mobile intensive care paramedic may perform, including the 25 (A) educational and other qualifications, which may include 26 education in pain management and opioid use and addiction; 27 (B) application and licensing procedures; 28 (C) scope of activities authorized; and 29 (D) responsibilities of a supervising or training physician; and 30 (6) authorization for an emergency medical technician certified 31 under this chapter or mobile intensive care paramedic licensed under this
01 chapter to provide to operational canines the emergency medical services 02 enumerated on a written document filed with the department by the medical 03 director and approved by the department in regulation. 04 * Sec. 5. AS 18.08.086(a) is amended to read: 05 (a) A person certified or licensed under AS 18.08.082 who administers 06 emergency medical services to an injured or sick person or who, under AS 18.08.093, 07 administers emergency medical services to an operational canine, a person or 08 public agency that employs, sponsors, directs, or controls the activities of persons 09 certified or licensed under AS 18.08.082 who administer emergency medical services 10 to an injured or sick person or who, under AS 18.08.093, administer emergency 11 medical services to an operational canine, or a health care professional or 12 emergency medical dispatcher acting within the scope of the person's certification or 13 licensure who directs or advises a person to administer emergency medical services to 14 an injured or sick person is not liable for civil damages as a result of an act or 15 omission in administering those services or giving that advice or those directions if the 16 administering, advising, and directing are done in good faith and the injured or sick 17 person or operational canine reasonably seems to be in immediate danger of serious 18 harm or death. This subsection does not preclude liability for civil damages that are 19 the proximate result of gross negligence or intentional misconduct, nor preclude 20 imposition of liability on a person or public agency that employs, sponsors, directs, or 21 controls the activities of persons certified or licensed under AS 18.08.082 if the act or 22 omission is a proximate result of a breach of duty to act created under this chapter. In 23 this subsection, "gross negligence" means reckless, wilful, or wanton misconduct. 24 * Sec. 6. AS 18.08.087 is amended to read: 25 Sec. 18.08.087. Disclosure of medical records. When requested for the 26 purpose of evaluating the performance of an emergency medical technician, mobile 27 intensive care paramedic, or physician who provided emergency medical care or other 28 assistance to a sick or injured person, a licensed physician, advanced practice 29 registered nurse, or physician assistant may disclose to an emergency medical 30 technician, [A] mobile intensive care paramedic, or physician the medical or hospital 31 records of a sick or injured person to whom the paramedic, technician, or physician is
01 providing or has rendered emergency medical care or assistance. [HOWEVER, THE 02 DISCLOSING PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, OR 03 PHYSICIAN ASSISTANT SHALL LIMIT DISCLOSURE UNDER THIS SECTION 04 TO THE RECORDS THAT ARE CONSIDERED NECESSARY BY THE 05 DISCLOSER FOR EVALUATION OF THE PARAMEDIC'S, TECHNICIAN'S, OR 06 PHYSICIAN'S PERFORMANCE IN PROVIDING THE EMERGENCY MEDICAL 07 CARE OR ASSISTANCE. A MOBILE INTENSIVE CARE PARAMEDIC, 08 EMERGENCY MEDICAL CARE TECHNICIAN, OR PHYSICIAN TO WHOM 09 CONFIDENTIAL RECORDS ARE DISCLOSED UNDER THIS SECTION MAY 10 NOT FURTHER DISCLOSE THE INFORMATION TO A PERSON NOT 11 ENTITLED TO RECEIVE THAT INFORMATION UNDER THIS SECTION OR 12 ANOTHER LAW.] 13 * Sec. 7. AS 18.08.087 is amended by adding new subsections to read: 14 (b) When requested for the purpose of evaluating the performance of an 15 emergency medical technician or mobile intensive care paramedic who provided 16 emergency medical care or other assistance to a sick or injured operational canine, a 17 licensed veterinarian may disclose to an emergency medical technician or mobile 18 intensive care paramedic the medical or hospital records of a sick or injured 19 operational canine to whom the technician or paramedic is providing or has rendered 20 emergency medical care or assistance. 21 (c) An individual making a disclosure under this section shall limit the 22 disclosure to the records that are considered necessary by the discloser for evaluation 23 of the technician's, paramedic's, or physician's performance in providing the 24 emergency medical care or assistance. An emergency medical care technician, mobile 25 intensive care paramedic, physician, or veterinarian to whom confidential records are 26 disclosed under this section may not further disclose the information to a person not 27 entitled to receive that information under this section or another law. 28 * Sec. 8. AS 18.08 is amended by adding a new section to read: 29 Sec. 18.08.093. Emergency medical services for operational canines. (a) An 30 emergency medical technician or mobile intensive care paramedic may provide 31 emergency medical services to an operational canine if the emergency medical
01 technician or mobile intensive care paramedic 02 (1) reasonably determines that there is an immediate danger of serious 03 harm to or death of the operational canine and that a veterinarian is unavailable to 04 provide emergency medical services to the operational canine soon enough to address 05 the danger; 06 (2) is authorized to provide the emergency medical services to an 07 operational canine under AS 18.08.082(a)(6); and 08 (3) meets at least one of the following requirements: 09 (A) the emergency medical technician or mobile intensive care 10 paramedic has obtained informed consent from the owner of the operational 11 canine or a person authorized to make medical decisions about the operational 12 canine; 13 (B) the emergency medical technician or mobile intensive care 14 paramedic is employed by the governmental agency that owns or has authority 15 to make medical decisions about the operational canine; or 16 (C) the emergency medical technician or mobile intensive care 17 paramedic provides the emergency medical service in accordance with a 18 written protocol developed and approved by a veterinarian. 19 (b) An emergency medical technician or mobile intensive care paramedic who 20 provides an emergency medical service to an operational canine under (a) of this 21 section shall transfer the operational canine to a licensed veterinarian at the earliest 22 practicable opportunity. 23 (c) An emergency medical technician or mobile intensive care paramedic may 24 not provide emergency medical services to an operational canine under (a) of this 25 section if a person requires emergency medical services from the emergency medical 26 technician or mobile intensive care paramedic. 27 * Sec. 9. AS 18.08.200 is amended by adding new paragraphs to read: 28 (15) "operational canine" means a dog used 29 (A) by law enforcement or other government agencies; or 30 (B) in search and rescue operations; 31 (16) "veterinarian" means a veterinarian licensed under AS 08.98.