1 | 1 | | |
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2 | 2 | | HB0070a -1- HB 70 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0245\N |
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7 | 7 | | |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | HOUSE BILL NO. 70 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVE SCHRAGE |
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18 | 18 | | |
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19 | 19 | | Introduced: 1/27/25 |
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20 | 20 | | Referred: Health and Social Services, Labor and Commerce |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to emergency medical services for operational canines; relating to the 1 |
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28 | 28 | | powers, duties, and liability of emergency medical technicians and mobile intensive care 2 |
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29 | 29 | | paramedics; relating to the practice of veterinary medicine; and providing for an 3 |
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30 | 30 | | effective date." 4 |
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31 | 31 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 |
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32 | 32 | | * Section 1. AS 08.98.125 is amended to read: 6 |
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33 | 33 | | Sec. 08.98.125. Exemptions. This chapter does not apply to the following: 7 |
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34 | 34 | | (1) a veterinary medical officer in the military service in the discharge 8 |
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35 | 35 | | of official duties or as an employee in the federal or state government performing 9 |
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36 | 36 | | veterinary medical services within the scope of the person's official duties; 10 |
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37 | 37 | | (2) a veterinarian who is licensed in another state or country, or a 11 |
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38 | 38 | | person whose expertise a veterinarian licensed in this state believes would benefit an 12 |
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39 | 39 | | animal, and who provides only consultation to a veterinarian licensed in this state; in 13 |
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40 | 40 | | this paragraph, "consultation" means advice or assistance provided in person, 14 34-LS0245\N |
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41 | 41 | | HB 70 -2- HB0070a |
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42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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43 | 43 | | |
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44 | 44 | | telephonically, electronically, or by any other method of communication from a 1 |
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45 | 45 | | veterinarian or other person whose expertise, in the opinion of the veterinarian, would 2 |
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46 | 46 | | benefit the animal; [AND] 3 |
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47 | 47 | | (3) a veterinarian licensed and residing in another state who provides 4 |
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48 | 48 | | assistance, as requested by and under the supervision of a veterinarian licensed in this 5 |
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49 | 49 | | state, for the purpose of providing skills not otherwise available in this state in 6 |
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50 | 50 | | conducting research or other practice of veterinary medicine on captive or free-ranging 7 |
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51 | 51 | | wildlife; however, that assistance is limited to not more than three events in a calendar 8 |
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52 | 52 | | year for not more than a total of 60 days in the year and may not be on a regular or 9 |
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53 | 53 | | recurring basis, as defined by the board; and 10 |
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54 | 54 | | (4) an emergency medical technician or mobile intensive care 11 |
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55 | 55 | | paramedic providing emergency medical services to an operational canine as 12 |
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56 | 56 | | provided under AS 18.08.093. 13 |
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57 | 57 | | * Sec. 2. AS 18.08.075(a) is amended to read: 14 |
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58 | 58 | | (a) An emergency medical technician or mobile intensive care paramedic who 15 |
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59 | 59 | | responds to an emergency with an ambulance service or first responder service, who 16 |
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60 | 60 | | has in the technician's or mobile intensive care paramedic's possession a current 17 |
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61 | 61 | | emergency medical technician or mobile intensive care paramedic identification card, 18 |
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62 | 62 | | and who provides emergency medical care or other emergency medical service, has 19 |
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63 | 63 | | the authority to 20 |
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64 | 64 | | (1) control and direct activities at the accident site or emergency until 21 |
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65 | 65 | | the arrival of law enforcement personnel; 22 |
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66 | 66 | | (2) order a person other than the owner to leave a building or place in 23 |
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67 | 67 | | the vicinity of the accident or other emergency for the purpose of protecting the person 24 |
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68 | 68 | | from injury; 25 |
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69 | 69 | | (3) temporarily block a public highway, street, or private right-of-way 26 |
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70 | 70 | | while at the scene of an accident, illness, or emergency; 27 |
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71 | 71 | | (4) trespass on [UPON] property at or near the scene of an accident, 28 |
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72 | 72 | | illness, or emergency at any time of day or night; 29 |
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73 | 73 | | (5) enter a building, including a private dwelling, or premises where a 30 |
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74 | 74 | | report of an injury or illness has taken place or where there is a reasonable cause to 31 34-LS0245\N |
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75 | 75 | | HB0070a -3- HB 70 |
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76 | 76 | | New Text Underlined [DELETED TEXT BRACKETED] |
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77 | 77 | | |
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78 | 78 | | believe an individual or operational canine has been injured or is ill to render 1 |
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79 | 79 | | emergency medical care; and 2 |
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80 | 80 | | (6) direct the removal or destruction of a motor vehicle or other thing 3 |
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81 | 81 | | that the emergency medical technician or mobile intensive care paramedic determines 4 |
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82 | 82 | | is necessary to prevent further harm to injured or ill individuals or operational 5 |
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83 | 83 | | canines. 6 |
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84 | 84 | | * Sec. 3. AS 18.08.086(a) is amended to read: 7 |
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85 | 85 | | (a) A person certified or licensed under AS 18.08.082 who administers 8 |
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86 | 86 | | emergency medical services to an injured or sick person or who, under AS 18.08.093, 9 |
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87 | 87 | | administers emergency medical services to an operational canine, a person or 10 |
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88 | 88 | | public agency that employs, sponsors, directs, or controls the activities of persons 11 |
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89 | 89 | | certified or licensed under AS 18.08.082 who administer emergency medical services 12 |
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90 | 90 | | to an injured or sick person or who, under AS 18.08.093, administer emergency 13 |
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91 | 91 | | medical services to an operational canine, or a health care professional or 14 |
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92 | 92 | | emergency medical dispatcher acting within the scope of the person's certification or 15 |
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93 | 93 | | licensure who directs or advises a person to administer emergency medical services to 16 |
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94 | 94 | | an injured or sick person is not liable for civil damages as a result of an act or 17 |
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95 | 95 | | omission in administering those services or giving that advice or those directions if the 18 |
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96 | 96 | | administering, advising, and directing are done in good faith and the injured or sick 19 |
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97 | 97 | | person or operational canine reasonably seems to be in immediate danger of serious 20 |
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98 | 98 | | harm or death. This subsection does not preclude liability for civil damages that are 21 |
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99 | 99 | | the proximate result of gross negligence or intentional misconduct, nor preclude 22 |
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100 | 100 | | imposition of liability on a person or public agency that employs, sponsors, directs, or 23 |
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101 | 101 | | controls the activities of persons certified or licensed under AS 18.08.082 if the act or 24 |
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102 | 102 | | omission is a proximate result of a breach of duty to act created under this chapter. In 25 |
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103 | 103 | | this subsection, "gross negligence" means reckless, wilful, or wanton misconduct. 26 |
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104 | 104 | | * Sec. 4. AS 18.08.087 is amended to read: 27 |
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105 | 105 | | Sec. 18.08.087. Disclosure of medical records. When requested for the 28 |
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106 | 106 | | purpose of evaluating the performance of an emergency medical technician, mobile 29 |
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107 | 107 | | intensive care paramedic, or physician who provided emergency medical care or other 30 |
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108 | 108 | | assistance to a sick or injured person, a licensed physician, advanced practice 31 34-LS0245\N |
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109 | 109 | | HB 70 -4- HB0070a |
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110 | 110 | | New Text Underlined [DELETED TEXT BRACKETED] |
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111 | 111 | | |
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112 | 112 | | registered nurse, or physician assistant may disclose to an emergency medical 1 |
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113 | 113 | | technician, [A] mobile intensive care paramedic, or physician the medical or hospital 2 |
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114 | 114 | | records of a sick or injured person to whom the paramedic, technician, or physician is 3 |
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115 | 115 | | providing or has rendered emergency medical care or assistance. [HOWEVER, THE 4 |
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116 | 116 | | DISCLOSING PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, OR 5 |
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117 | 117 | | PHYSICIAN ASSISTANT SHALL LIMIT DISCLOSURE UNDER THIS SECTION 6 |
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118 | 118 | | TO THE RECORDS THAT ARE CONSIDERED NECESSARY BY THE 7 |
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119 | 119 | | DISCLOSER FOR EVALUATION OF THE PARAMEDIC'S, TECHNICIAN'S, OR 8 |
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120 | 120 | | PHYSICIAN'S PERFORMANCE IN PROVIDING THE EMERGENCY MEDICAL 9 |
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121 | 121 | | CARE OR ASSISTANCE. A MOBILE INTENSIVE CARE PARAMEDIC, 10 |
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122 | 122 | | EMERGENCY MEDICAL CARE TECHNICIAN, OR PHYSICIAN TO WHOM 11 |
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123 | 123 | | CONFIDENTIAL RECORDS ARE DISCLOSED UNDER THIS SECTION MAY 12 |
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124 | 124 | | NOT FURTHER DISCLOSE THE INFORMATION TO A PERSON NOT 13 |
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125 | 125 | | ENTITLED TO RECEIVE THAT INFORMATION UNDER THIS SECTION OR 14 |
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126 | 126 | | ANOTHER LAW.] 15 |
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127 | 127 | | * Sec. 5. AS 18.08.087 is amended by adding new subsections to read: 16 |
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128 | 128 | | (b) When requested for the purpose of evaluating the performance of an 17 |
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129 | 129 | | emergency medical technician or mobile intensive care paramedic who provided 18 |
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130 | 130 | | emergency medical care or other assistance to a sick or injured operational canine, a 19 |
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131 | 131 | | licensed veterinarian may disclose to an emergency medical technician or mobile 20 |
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132 | 132 | | intensive care paramedic the medical or hospital records of a sick or injured 21 |
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133 | 133 | | operational canine to whom the technician or paramedic is providing or has rendered 22 |
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134 | 134 | | emergency medical care or assistance. 23 |
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135 | 135 | | (c) An individual making a disclosure under this section shall limit the 24 |
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136 | 136 | | disclosure to the records that are considered necessary by the discloser for evaluation 25 |
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137 | 137 | | of the technician's, paramedic's, or physician's performance in providing the 26 |
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138 | 138 | | emergency medical care or assistance. An emergency medical care technician, mobile 27 |
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139 | 139 | | intensive care paramedic, physician, or veterinarian to whom confidential records are 28 |
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140 | 140 | | disclosed under this section may not further disclose the information to a person not 29 |
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141 | 141 | | entitled to receive that information under this section or another law. 30 |
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142 | 142 | | * Sec. 6. AS 18.08 is amended by adding a new section to read: 31 34-LS0245\N |
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143 | 143 | | HB0070a -5- HB 70 |
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144 | 144 | | New Text Underlined [DELETED TEXT BRACKETED] |
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145 | 145 | | |
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146 | 146 | | Sec. 18.08.093. Emergency medical services for operational canines. (a) If a 1 |
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147 | 147 | | veterinarian is unavailable to provide emergency medical services to an operational 2 |
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148 | 148 | | canine in a reasonable amount of time, an emergency medical technician or mobile 3 |
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149 | 149 | | intensive care paramedic may provide emergency medical services to the operational 4 |
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150 | 150 | | canine as long as the emergency medical technician or mobile intensive care 5 |
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151 | 151 | | paramedic 6 |
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152 | 152 | | (1) has received training on providing emergency medical services to 7 |
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153 | 153 | | operational canines; 8 |
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154 | 154 | | (2) is trained to provide comparable medical services to a human; 9 |
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155 | 155 | | (3) is authorized to provide the comparable medical service to a human 10 |
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156 | 156 | | under the scope of the emergency medical technician's or mobile intensive care 11 |
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157 | 157 | | paramedic's certification or license; and 12 |
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158 | 158 | | (4) meets at least one of the following requirements: 13 |
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159 | 159 | | (A) the emergency medical technician or mobile intensive care 14 |
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160 | 160 | | paramedic has obtained informed consent from the owner of the operational 15 |
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161 | 161 | | canine or a person authorized to make medical decisions about the operational 16 |
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162 | 162 | | canine; 17 |
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163 | 163 | | (B) the emergency medical technician or mobile intensive care 18 |
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164 | 164 | | paramedic is employed by the governmental agency that owns or has authority 19 |
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165 | 165 | | to make medical decisions about the operational canine; or 20 |
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166 | 166 | | (C) the emergency medical technician or mobile intensive care 21 |
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167 | 167 | | paramedic provides the emergency medical service in accordance with a 22 |
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168 | 168 | | written protocol developed and approved by a veterinarian. 23 |
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169 | 169 | | (b) An emergency medical technician or mobile intensive care paramedic who 24 |
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170 | 170 | | provides an emergency medical service to an operational canine under (a) of this 25 |
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171 | 171 | | section shall 26 |
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172 | 172 | | (1) transfer the operational canine to a licensed veterinarian at the 27 |
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173 | 173 | | earliest practicable opportunity; and 28 |
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174 | 174 | | (2) comply with all laws governing the administration of drugs or 29 |
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175 | 175 | | biologics to a human when administering a drug or biologic to an operational canine. 30 |
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176 | 176 | | * Sec. 7. AS 18.08.100(b) is amended to read: 31 34-LS0245\N |
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177 | 177 | | HB 70 -6- HB0070a |
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178 | 178 | | New Text Underlined [DELETED TEXT BRACKETED] |
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179 | 179 | | |
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180 | 180 | | (b) If an individual certified or licensed under this chapter determines in the 1 |
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181 | 181 | | course of a telehealth encounter with a patient that some or all of the encounter will 2 |
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182 | 182 | | extend beyond the individual's authorized scope of practice, the individual shall advise 3 |
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183 | 183 | | the patient that the individual is not authorized to provide some or all of the services to 4 |
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184 | 184 | | the patient, recommend that the patient contact an appropriate provider for the services 5 |
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185 | 185 | | the individual is not authorized to provide, and limit the encounter to only those 6 |
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186 | 186 | | services the individual is authorized to provide. If the patient is an operational 7 |
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187 | 187 | | canine, the individual shall provide the advice and recommendation to the person 8 |
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188 | 188 | | who owns or is authorized to make medical decisions about the operational 9 |
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189 | 189 | | canine. The individual certified or licensed under this chapter may not charge for any 10 |
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190 | 190 | | portion of an encounter that extends beyond the individual's authorized scope of 11 |
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191 | 191 | | practice. 12 |
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192 | 192 | | * Sec. 8. AS 18.08.200 is amended by adding new paragraphs to read: 13 |
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193 | 193 | | (15) "operational canine" means a dog used 14 |
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194 | 194 | | (A) by law enforcement or other government agencies; or 15 |
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195 | 195 | | (B) in search and rescue operations; 16 |
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196 | 196 | | (16) "veterinarian" means a veterinarian licensed under AS 08.98. 17 |
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197 | 197 | | * Sec. 9. This Act takes effect January 1, 2026. 18 |
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