(a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken

Terms Used In Alaska Statutes 09.65.095

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(1) at the request of a police officer under the circumstances specified in Alaska Stat. § 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and
(2) without the use of excessive or unreasonable force.
(b) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.
(c) In this section,

(1) “health care provider” means a nurse licensed under Alaska Stat. Chapter 08.68, a physician licensed under Alaska Stat. Chapter 08.64, and a person certified by a hospital as competent to take blood samples;
(2) “hospital” means a hospital as defined in Alaska Stat. § 47.32.900, including a governmentally owned or operated hospital.
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