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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 65. Actions, Immunities, Defenses, and Duties
- Section 95. Liability For Administration of Blood Test.
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AS 09.65.095. Liability For Administration of Blood Test.
- (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
- (1) at the request of a police officer under the circumstances specified in AS 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) In this section,
- (1) "health care provider" means a nurse licensed under AS 08.68, a
physician licensed under AS 08.64, and a person certified by a
hospital as competent to take blood samples;
- (2) "hospital" means a hospital as defined in AS 47.32.900
, including a governmentally owned or operated hospital.
- (c) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent
withdrawal of blood.
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