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SENATE BILL NO. 229
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATOR KIEHL
Introduced: 2/24/20
Referred: Health and Social Services, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to immunity for consulting physicians, podiatrists, and osteopaths."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 09.55 is amended by adding a new section to read:
4 Sec. 09.55.552. Physician, podiatrist, and osteopath immunity;
5 uncompensated consultation. (a) A consulting physician, podiatrist, or osteopath is
6 immune from civil liability for claims arising from professional services provided to a
7 patient if
8 (1) the patient is not a current or former patient of the consulting
9 physician, podiatrist, or osteopath or the consulting physician's, podiatrist's, or
10 osteopath's practice;
11 (2) the consulting physician, podiatrist, or osteopath does not examine
12 or treat the patient;
13 (3) the consulting physician, podiatrist, or osteopath or the consulting
14 physician's, podiatrist's, or osteopath's practice is not compensated for the
15 consultation;
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1 (4) the consulting physician, podiatrist, or osteopath is not a
2 subordinate or supervisor of the physician, podiatrist, or osteopath who requested the
3 consultation;
4 (5) the consulting physician, podiatrist, or osteopath is not serving as a
5 locum tenens or otherwise temporarily managing the practice of the physician,
6 podiatrist, or osteopath who requested the consultation;
7 (6) the consulting physician, podiatrist, or osteopath is not on call at
8 the time of the consultation;
9 (7) the consulting physician, podiatrist, or osteopath is not required to
10 provide medical services to the patient under 42 U.S.C. 1395dd (Emergency Medical
11 Treatment and Active Labor Act) at the time of the consultation; and
12 (8) a written report is not prepared as a result of the consultation.
13 (b) Notwithstanding AS 09.17.080, a court may not reduce the civil liability
14 of, or damages awarded against, a physician, podiatrist, or osteopath who requests a
15 consultation on grounds that a consulting physician, podiatrist, or osteopath under (a)
16 of this section should be held liable.
17 (c) In this section, "consulting physician, podiatrist, or osteopath" means a
18 physician, podiatrist, or osteopath licensed under AS 08.64.170 - 08.64.250 who
19 provides advice to another physician, podiatrist, or osteopath about a patient.
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Statutes affected:
SB0229A, AM SB 229, introduced 02/24/2020: