State Codes and Statutes
Statutes > Alaska > Title-09 > Chapter-09-65 > Sec-09-65-095(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.
