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Sec. 47.30.815. Limitation of liability; bad faith application a felony.

Go back to: Alaska statutes
Go back to: Title 47. Welfare, Social Services, and Institutions.
Go back to: Chapter 30. Mental Health.

Sec. 47.30.815. Limitation of liability; bad faith application a felony.
 (a) A person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person under AS 47.30.700 — 47.30.915 is not subject to civil or criminal liability.

 (b) The following persons may not be held civilly or criminally liable for detaining a person under AS 47.30.700 — 47.30.915 or for releasing a person under AS 47.30.700 — 47.30.915 at or before the end of the period for which the person was admitted or committed for evaluation or treatment if the persons have performed their duties in good faith and without gross negligence:
     (1) an officer of a public or private agency;

     (2) the superintendent, the professional person in charge, the professional designee of the professional person in charge, and the attending staff of a public or private agency;

     (3) a public official performing functions necessary to the administration of AS 47.30.700 — 47.30.915;

     (4) a peace officer or mental health professional responsible for detaining or transporting a person under AS 47.30.700 — 47.30.915.

 (c) A person who wilfully initiates an involuntary commitment procedure under AS 47.30.700 without having good cause to believe that the other person is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others, is guilty of a felony.

Article 10. Patient Rights.

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