Alaska Statutes 13.52.080 – Immunities

(a) A health care provider or health care institution that acts in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for

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Terms Used In Alaska Statutes 13.52.080

advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
advanced practice registered nurse: has the meaning given in Alaska Stat. See Alaska Statutes 13.52.390
agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
cardiopulmonary resuscitation: means an attempt to restore spontaneous circulation. See Alaska Statutes 13.52.390
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
do not resuscitate identification: means an identification card, form, necklace, or bracelet that carries the standardized design or symbol developed by the department under Alaska Stat. See Alaska Statutes 13.52.390
do not resuscitate order: means a directive from a licensed physician, advanced practice registered nurse, or physician assistant that emergency cardiopulmonary resuscitation should not be administered to a qualified patient. See Alaska Statutes 13.52.390
generally accepted health care standards: includes the protocol for do not resuscitate orders that is adopted under Alaska Stat. See Alaska Statutes 13.52.390
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
health care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate regarding the individual's health care, including
(A) selection and discharge of health care providers and institutions. See Alaska Statutes 13.52.390
health care facility: means a nursing home, a rehabilitation center, a long-term care facility, and any other health care institution that administers health care and that provides overnight stays in the ordinary course of the facility's business. See Alaska Statutes 13.52.390
health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Alaska Statutes 13.52.390
health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Alaska Statutes 13.52.390
part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
physician assistant: means an individual licensed under Alaska Stat. See Alaska Statutes 13.52.390
state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Alaska Statutes 13.52.390
surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390

(1) providing health care information in good faith under Alaska Stat. § 13.52.070;

(2) complying with a health care decision of a person based on a good faith belief that the person has authority to make a health care decision for a patient, including a decision to withhold or withdraw health care;

(3) declining to comply with a health care decision of a person based on a good faith belief that the person then lacked authority;

(4) complying with an advance health care directive and assuming in good faith that the directive was valid when made and has not been revoked or terminated;

(5) participating in the withholding or withdrawal of cardiopulmonary resuscitation under the direction or with the authorization of a physician, an advanced practice registered nurse, or a physician assistant or upon discovery of do not resuscitate identification upon an individual;

(6) causing or participating in providing cardiopulmonary resuscitation or other life-sustaining procedures

(A) under Alaska Stat. § 13.52.065 (e) when an individual has made an anatomical gift;

(B) because an individual has made a do not resuscitate order ineffective under Alaska Stat. § 13.52.065 (f) or another provision of this chapter; or

(C) because the patient is a woman of childbearing age and Alaska Stat. § 13.52.055 applies; or

(7) acting in good faith under the terms of this chapter or the law of another state relating to anatomical gifts.

(b) An individual acting as an agent, a guardian, or a surrogate under this chapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.

(c) A health care provider, health care institution, or health care facility is not subject to civil or criminal liability, or to discipline for unprofessional conduct, if a do not resuscitate order prevents the health care provider, health care institution, or health care facility from attempting to resuscitate a patient who requires cardiopulmonary resuscitation or other resuscitative measures because of complications arising out of health care being administered to the patient by the health care provider, health care institution, or health care facility. This subsection does not apply if the complications suffered by the patient are caused by gross negligence or reckless or intentional actions on the part of the health care provider, health care institution, or health care facility.

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