Alaska 32nd Legislature (2021-2022) Status: Enacted 1 D cosponsors

SB 65 — An Act relating to the elements of a claim for medical malpractice; and relating to the definition of a health care provider-patient relationship.

Last action — (S) EFFECTIVE DATE(S) OF LAW 11/14/21

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

39 added · 64 removed

Plain-language change summary

The recent amendments to SB 65 clarify the elements needed for a medical malpractice claim in Alaska. Notably, it now specifies that plaintiffs must demonstrate an existing health care provider-patient relationship at the time of the alleged incident. This change is significant because it sets a clearer standard for what must be proven in court, potentially making it more difficult for individuals to pursue malpractice claims unless they can establish that relationship. Additionally, it introduces immunity protections for consulting health care providers who give advice without an ongoing patient relationship, which may encourage more professionals to offer casual consultations without fear of liability.

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32-LS0002\B SENATE BILL NO.
LAWS OF ALASKA Source Chapter No.
65 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATORS KIEHL, Begich Introduced:
HCS CSSB 65(JUD) _______ AN ACT Relating to the elements of a claim for medical malpractice;
2/3/21 Referred:
and relating to the definition of a health care provider-patient relationship.
Health & Social Services, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to immunity for consulting physicians, podiatrists, osteopaths, advanced practice registered nurses, physician assistants, dentists, optometrists, and pharmacists." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1.
THE ACT FOLLOWS ON PAGE 1 Enrolled SB 65 AN ACT Relating to the elements of a claim for medical malpractice;
AS 09.55 is amended by adding a new section to read:
and relating to the definition of a health care provider-patient relationship.
Sec.
_______________ * Section 1.
09.55.552.
AS 09.55.540(a) is amended to read:
Consulting health care provider immunity;
(a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence (1) that the plaintiff had a health care provider-patient relationship with the defendant at the time of the act complained of;
uncompensated consultation.
(2) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing;
(a) A consulting health care provider is immune from civil liability for claims arising from professional services provided to a patient if (1) the patient is not a current or former patient of the consulting health care provider or of the consulting health care provider's practice;
(3) [(2)] that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care;
(2) the consulting health care provider does not examine or treat the patient;
and -1- Enrolled SB 65 (4) [(3)] that, as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care, the plaintiff suffered injuries that would not otherwise have been incurred.
(3) the consulting health care provider or the consulting health care provider's practice is not compensated for the consultation;
* Sec.
SB0065A -1- SB 65 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0002\B (4) the consulting health care provider is not a subordinate or supervisor of the health care provider who requested the consultation;
2.
(5) the consulting health care provider is not serving as a locum tenens or otherwise temporarily managing the practice of the health care provider who requested the consultation;
AS 09.55.540 is amended by adding a new subsection to read:
(6) the consulting health care provider is not on call at the health care facility in which the patient is being treated at the time of the consultation;
(c) In this section, "health care provider-patient relationship" means a relationship between a health care provider and a patient formed for the purpose of the health care provider providing examination, diagnosis, or treatment to the patient.
(7) the consulting health care provider did not accept responsibility to be on call for the patient about whom the consultation is requested before the consultation;
* Sec.
(8) the consulting health care provider is not required to provide medical services to the patient under 42 U.S.C.
3.
1395dd (Emergency Medical Treatment and Active Labor Act) at the time of the consultation;
The uncodified law of the State of Alaska is amended by adding a new section to read:
and (9) a written report is not prepared as a result of the consultation.
APPLICABILITY.
(b) Notwithstanding AS 09.17.080, a court may not reduce the civil liability of, or damages awarded against, a health care provider who requests a consultation on grounds that a consulting health care provider under (a) of this section should be held liable.
This Act applies to causes of action brought under AS 09.55.530 - 09.55.560 that accrue on or after the effective date of this Act.
(c) In this section, (1) "consulting health care provider" means a health care provider who provides advice to another health care provider;
Enrolled SB 65 -2-
(2) "health care facility" means a private, municipal, or state hospital, psychiatric hospital, emergency department, independent diagnostic testing facility, residential psychiatric treatment center as defined in AS 47.32.900, kidney disease treatment center (including freestanding hemodialysis units), office of a private physician or dentist whether in individual or group practice, ambulatory surgical center as defined in AS 47.32.900, free-standing birth center as defined in AS 47.32.900, and rural health clinic as defined in AS 47.32.900;
(3) "health care provider" means a physician, podiatrist, or osteopath licensed under AS 08.64.170 - 08.64.250, an advanced practice registered nurse licensed under AS 08.68, a physician assistant licensed under AS 08.64.107, a dentist SB 65 -2- SB0065A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0002\B licensed under AS 08.36, an optometrist licensed under AS 08.72, or a pharmacist licensed under AS 08.80.
SB0065A -3- SB 65 New Text Underlined [DELETED TEXT BRACKETED]
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How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill clarifies the elements required to establish a medical malpractice claim and defines the health care provider-patient relationship.

  • AS 09.55.540(a)

    (2) → (3)

    This change renumbers the existing elements of proof in a malpractice action to accommodate the new definition added.

  • AS 09.55.540(a)

    (3) → (4)

    This change renumbers the existing elements of proof in a malpractice action to accommodate the new definition added.

  • AS 09.55.540

    (c) In this section, "health care provider-patient relationship" means a relationship between a health care provider and a patient formed for the purpose of the health care provider providing examination, diagnosis, or treatment to the patient.

    This addition provides a specific definition for the health care provider-patient relationship in the context of medical malpractice.

  • uncodified law of the State of Alaska

    APPLICABILITY. This Act applies to causes of action brought under AS 09.55.530 - 09.55.560 that accrue on or after the effective date of this Act.

    This change establishes the applicability of the new provisions to future malpractice claims.

Action History

  1. (S) EFFECTIVE DATE(S) OF LAW 11/14/21

  2. (S) Signed into law 8/16 CHAPTER 24 SLA 21

  3. (S) 3:00 P.M. 8/13/21 Transmitted to Governor

  4. (S) CONCUR AM OF (H) Y20 N-

  5. (H) VERSION: HCS CSSB 65(JUD)

  6. (H) TRANSMITTED TO (S) AS AMENDED

  7. (H) PASSED Y40

  8. (H) READ THE THIRD TIME HCS CSSB 65(JUD)

  9. (H) ADVANCED TO THIRD READING UC

  10. (H) TITLE CHANGE: HCR 5

  11. (H) JUD HCS ADOPTED UC

  12. (H) READ THE SECOND TIME

  13. (H) RULES TO CALENDAR 5/18/2021

  14. (H) FN1: ZERO(LAW)

  15. (H) NR: EASTMAN, KURKA

  16. (H) DP: SNYDER, DRUMMOND, KREISS-TOMKINS, CLAMAN

  17. (H) TITLE CHANGE: HCR 5

  18. (H) JUD RPT HCS(JUD) NEW TITLE 4DP 2NR

  19. (H) Minutes (HJUD)

  20. (H) Moved HCS CSSB 65(JUD) Out of Committee -- Recessed to 6:15 pm --

  21. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  22. (H) Minutes (HJUD)

  23. (H) Heard & Held

  24. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  25. (H) FN1: ZERO(LAW)

  26. (H) NR: PRAX, KURKA

  27. (H) DP: MCCARTY, SPOHNHOLZ, SNYDER, ZULKOSKY

  28. (H) PENDING TITLE CHANGE HCR

  29. (H) HSS RPT HCS(HSS) NEW TITLE 4DP 2NR

  30. (H) Minutes (HHSS)

  31. (H) Moved HCS CSSB 65(HSS) Out of Committee

  32. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  33. (H) -- Invited & Public Testimony -- -- MEETING CANCELED --

  34. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  35. (H) Minutes (HHSS)

  36. (H) Heard & Held

  37. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  38. (H) HSS, JUD

  39. (H) READ THE FIRST TIME - REFERRALS

  40. (S) VERSION: CSSB 65(JUD)

  41. (S) TRANSMITTED TO (H)

  42. (S) PASSED Y20 N-

  43. (S) READ THE THIRD TIME CSSB 65(JUD)

  44. (S) ADVANCED TO THIRD READING UC

  45. (S) JUD CS ADOPTED UC

  46. (S) READ THE SECOND TIME

  47. (S) RULES TO CALENDAR 4/12/2021

  48. (S) FN1: ZERO(LAW)

  49. (S) NR: REINBOLD, SHOWER

  50. (S) DP: KIEHL, HUGHES, MYERS

  51. (S) JUD RPT CS 3DP 2NR NEW TITLE

  52. (S) Minutes (SJUD)

  53. (S) Moved CSSB 65(JUD) Out of Committee

  54. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  55. (S) Minutes (SJUD)

  56. (S) Heard & Held

  57. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  58. (S) Minutes (SJUD)

  59. (S) Heard & Held

  60. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  61. (S) -- MEETING CANCELED --

  62. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  63. (S) FN1: ZERO(LAW)

  64. (S) NR: REINBOLD

  65. (S) DP: WILSON, BEGICH, HUGHES

  66. (S) HSS RPT CS 3DP 1NR NEW TITLE

  67. (S) Minutes (SHSS)

  68. (S) Moved CSSB 65(HSS) Out of Committee

  69. (S) HEALTH & SOCIAL SERVICES at 01:30 PM BUTROVICH 205

  70. (S) Minutes (SHSS)

  71. (S) Heard & Held

  72. (S) HEALTH & SOCIAL SERVICES at 01:30 PM BUTROVICH 205

  73. (S) COSPONSOR(S): BEGICH

  74. (S) HSS, JUD

  75. (S) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (1)

  • Begich

Not signed on (63)

63 members have not signed on to this bill.

Show all 63 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

civil-rights healthcare
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Frequently asked questions

Who sponsors SB 65?
SB 65 is sponsored by Jesse Kiehl (D) and Begich.
What is the current status of SB 65?
This bill has been enacted into law. Introduced February 03, 2021. Enacted.
Where can I track SB 65?
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