(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) 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 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.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 65. Actions, Immunities, Defenses, and Duties
Sec. 09.65.070. Suits against incorporated units of local government.
Sec. 09.65.080. Suits by incorporated units of local government.
Sec. 09.65.083. Civil liability of nonprofit and university fire departments.
Sec. 09.65.085. Civil liability of electric utility.
Sec. 09.65.087. Civil liability for use of an automated external defibrillator.
Sec. 09.65.090. Civil liability for emergency aid.
Sec. 09.65.091. Civil liability for responding to disaster.
Sec. 09.65.092. Civil liability for voluntary aircraft safety inspection.
Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and landing areas.
Sec. 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat.
Sec. 09.65.095. Liability for administration of blood test.
Sec. 09.65.096. Civil liability of hospitals for certain physicians.
Sec. 09.65.097. Civil liability for emergency veterinary care.
Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers.
Sec. 09.65.145. Liability for injuries or death resulting from livestock activities.
Sec. 09.65.150. Duty to disabled pedestrians.
Sec. 09.65.155. Civil liability of firearms or ammunition manufacturer or dealer.
Sec. 09.65.160. Immunity for good faith disclosures of job performance information.
Sec. 09.65.161. Immunity for disclosure of required health care data.
Sec. 09.65.170. Limited liability of certain directors and officers.
Sec. 09.65.180. Civil liability of zoos.
Sec. 09.65.200. Tort immunity for personal injuries or death occurring on unimproved land.
Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession.
Sec. 09.65.205. Civil liability for controlled substances offense.
Sec. 09.65.215. Immunity of peace officer for use of body wire eavesdropping device.
Sec. 09.65.220. Immunity for certain real property disclosures.
Sec. 09.65.230. Innocent misrepresentations by agents in real property transfers.
Sec. 09.65.235. Immunity for negotiated regulation making committee and its members.
Sec. 09.65.250. Immunity for certain actions related to child support.
Sec. 09.65.255. Liability for acts of minors.
Sec. 09.65.270. Civil immunity related to the sale or transfer of a firearm.
Sec. 09.65.280. Civil liability of state for acts or omissions of village public safety officers.
Sec. 09.65.290. Civil liability for sports or recreational activities.
Sec. 09.65.295. Liability involving a peace officer or firefighter.
Sec. 09.65.300. Immunity for providing free health care services.
Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses.
Sec. 09.65.330. Immunity: Use of defensive force.
Sec. 09.65.340. Immunity for prescribing, providing, or administering an opioid overdose drug.
Sec. 09.65.350. Immunity for certain actions related to transportation network companies.