Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.15.210 Testing for certain other heritable diseases.
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Article 3. Hepatitis B. The department shall administer and provide services for testing for other heritable diseases that lead to intellectual disabilities, developmental disabilities, or both, and physical disabilities as screening programs accepted by current medical practice …
AS 18.15.250 Hepatitis B testing and vaccination program for volunteer emergency personnel.
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Article 4. Chlamydia and Gonorrhea. (a) The department shall establish a program under which hepatitis B testing and vaccination is reasonably accessible at no charge to all volunteer emergency medical and rescue personnel in the state who provide an emergency medical or rescue s…
AS 18.15.270 Testing procedures.
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(a) The department shall make available on a statewide basis the best current testing method available to detect gonorrhea and chlamydia. (b) The department shall use the best current testing method available for diagnosis of gonorrhea and chlamydia.
AS 18.15.300 Order for blood test; disclosure of results.
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(a) A defendant charged in a criminal complaint, indictment, presentment, or information filed with a magistrate or court with a violation of AS 11.41.410 — 11.41.450 that includes sexual penetration as an element of the offense, or a minor with respect to whom a petition has bee…
AS 18.15.310 Testing; test results.
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(a) The withdrawal of blood for a test under AS 18.15.300 - 18.15.320 shall be performed in a medically approved manner. Only a physician or physician assistant licensed under AS 08.64, registered or advanced practice registered nurse, licensed practical nurse, or certified emerg…
AS 18.15.320 Cost of performing test; reimbursement.
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Article 6. Public Health Authority and Powers. (a) The cost of performing a blood test under AS 18.15.300 shall be paid by the department. (b) If a defendant for whom a blood test has been ordered under AS 18.15.300 is convicted of an offense for which the defendant was charged, …
AS 18.15.350 SARS control program authorization. [Repealed, § 12 ch 54 SLA 2005.]
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[Repealed or reserved.]
AS 18.15.355 Prevention and control of conditions of public health importance.
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(a) The department may use the powers and provisions set out in AS 18.15.355 — 18.15.395 to prevent, control, or ameliorate conditions of public health importance or accomplish other essential public health services and functions. (b) In performing its duties under AS 18.15.355 —…
AS 18.15.360 Data collection.
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(a) The department is authorized to collect, analyze, and maintain databases of information related to (1) risk factors identified for conditions of public health importance; (2) morbidity and mortality rates for conditions of public health importance; (3) community indicators re…
AS 18.15.362 Acquisition and use of identifiable health information; public health purpose.
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The department may acquire and use identifiable health information collected under AS 18.15.355 — 18.15.395 only if the (1) acquisition and use of the information relates directly to a public health purpose; (2) acquisition and use of the information is reasonably likely to contr…
AS 18.15.365 Information security safeguards.
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(a) The department shall acquire, use, disclose, and store identifiable health information collected under AS 18.15.355 — 18.15.395 in a confidential manner that safeguards the security of the information, and maintain the information in a physically and technologically secure en…
AS 18.15.370 Reportable disease list.
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The department shall maintain a list of reportable diseases or other conditions of public health importance that must be reported to the department. The list may include birth defects, cancers, injuries, and diseases or other conditions caused by exposure to microorganisms; patho…
AS 18.15.375 Epidemiological investigation.
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(a) The department may investigate conditions of public health importance in the state through methods of epidemiological investigation. The department may also ascertain the existence of cases of illness or other conditions of public health importance, investigate potential sour…
AS 18.15.380 Medical treatment.
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(a) A health care practitioner or public health agent who examines or treats an individual who has or may have been exposed to a contagious disease shall instruct the individual about the measures for preventing transmission of the disease and the need for treatment. (b) The depa…
AS 18.15.385 Isolation and quarantine.
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(a) The department may isolate or quarantine an individual or group of individuals if isolation or quarantine is the least restrictive alternative necessary to prevent the spread of a contagious or possibly contagious disease to others in accordance with regulations adopted by th…
AS 18.15.390 Powers of the department in a public health disaster.
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If the governor declares a condition of disaster emergency under AS 26.23.020(c) due to an outbreak of disease or a credible threat of an imminent outbreak of disease, the department, in coordination with the Department of Military and Veterans' Affairs, may (1) close, direct, an…
AS 18.15.392 Representation; guardian ad litem.
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An individual who is the respondent in proceedings under AS 18.15.375(e) or 18.15.385 has the right to be represented by counsel in the proceedings. If the individual cannot afford an attorney, the court shall direct the Public Defender Agency to provide an attorney. The court ma…
AS 18.15.393 Report to legislature.
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The department shall annually report to the legislature the activities conducted by the department under AS 18.15.355 — 18.15.395, including information pertaining to the number of individuals quarantined, the purpose for the quarantine, and the length of the quarantine.
AS 18.15.395 Definitions.
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Article 7. Blood Testing of Prisoners and Others for Bloodborne Pathogens. In AS 18.15.355 — 18.15.395, unless the context otherwise requires, (1) “Alaska Native organization” means an organization recognized by the United States Indian Health Service to provide health-related se…
AS 18.15.400 Bloodborne pathogen testing of prisoners, certain adult or juvenile offenders, and public safety officers; required disclosures and consent.
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(a) When requested by a public safety officer who may have received a significant exposure from an adult or juvenile offender or a prisoner, the employing agency shall follow the testing procedures of AS 18.15.400 — 18.15.450 if (1) a physician licensed under AS 08 determines tha…
AS 18.15.410 Consent for testing; court order for testing; exception.
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(a) When a public safety officer has made a request under AS 18.15.400, except as provided in (b) or (c) of this section or in AS 18.15.420, before collecting and testing the blood of an adult or juvenile offender or a prisoner, the employing agency shall first obtain the consent…
AS 18.15.420 Testing without consent.
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(a) When a public safety officer has made a request under AS 18.15.400, the employing agency shall file a petition in the superior court for a court order requiring the adult or juvenile offender or prisoner to provide a blood sample for testing for bloodborne pathogens. The empl…
AS 18.15.440 Confidentiality; penalties for unauthorized disclosure; immunity.
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(a) Bloodborne pathogens test results of an adult or juvenile offender or a prisoner are confidential and may not be disclosed except as provided in AS 18.15.400 — 18.15.450 and as needed for the treatment or medical care of an adult or juvenile offender or a prisoner specific to…
AS 18.15.445 Assistance by departments and municipalities.
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The department, the Department of Public Safety, the Department of Corrections, and each municipality shall assist public safety officers and employing agencies in complying with the requirements of AS 18.15.400 — 18.15.450.
AS 18.15.450 Definitions for AS 18.15.400 — 18.15.450.
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Article 8. General Provisions. In AS 18.15.400 — 18.15.450, (1) “adult or juvenile offender” means a person in custody, arrested, or charged under a criminal complaint or a minor being held or subject to a petition under AS 47.12; (2) “bloodborne pathogens” means pathogenic micro…
AS 18.15.900 Definition.
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In this chapter, “department” means the Department of Health.
AS 18.16.010 Abortions.
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(a) An abortion may not be performed in this state unless (1) the abortion is performed by a physician licensed by the State Medical Board under AS 08.64.200; (2) the abortion is performed in a hospital or other facility approved for the purpose by the Department of Health or a h…
AS 18.16.020 Notice or consent required before minor's abortion.
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(a) A person may not knowingly perform or induce an abortion upon a minor who is known to the person to be pregnant, unmarried, under 18 years of age, and unemancipated unless, before the abortion, at least one of the following applies: (1) either (A) one of the minor's parents, …
AS 18.16.030 Judicial bypass for minor seeking an abortion.
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(a) A woman who is pregnant, unmarried, under 18 years of age, and unemancipated who wishes to have an abortion without notice to or the consent of a parent, guardian, or custodian may file a complaint in the superior court requesting the issuance of an order authorizing the mino…
AS 18.16.040 Reports.
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For each month in which an abortion is performed on a minor by a physician, the physician shall file a report with the Department of Health indicating the number of abortions performed on a minor for that month, the age of each minor, the number of previous abortions performed on…
AS 18.16.050 Partial-birth abortions.
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(a) Notwithstanding compliance with AS 18.16.010, a person may not knowingly perform a partial-birth abortion unless a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury and no other medical procedu…
AS 18.16.060 Informed consent requirements.
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(a) Except as provided in (d) of this section, a person may not knowingly perform or induce an abortion without the voluntary and informed consent of (1) a woman on whom an abortion is to be performed or induced; (2) the parent, guardian, or custodian of a pregnant, unemancipated…
AS 18.16.090 Definitions.
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In this chapter, (1) “abortion” means the use or prescription of an instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant, except that “abortion” does not include the termination of a pregnancy if done with the intent …
AS 18.20.010 Secs. 18.20.010 — 18.20.040. Purpose; license required; application and fees; issuance and renewal of license and posting. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.045 Insurance required. [Repealed, § 40 ch 177 SLA 1978.]
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[Repealed or reserved.]
AS 18.20.050 Secs. 18.20.050 — 18.20.070. Denial, suspension, or revocation of license; regulations and standards; compliance with regulations. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.075 Risk management.
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(a) To be eligible for a license, each hospital shall have in operation an internal risk management program that shall (1) investigate the frequency and causes of incidents in hospitals that cause injury to patients; (2) develop and implement measures to minimize the risk of inju…
AS 18.20.076 Reports of suspended or revoked staff privileges. [Repealed, § 21 ch 87 SLA 1987.]
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[Repealed or reserved.]
AS 18.20.080 Inspection and consultation for alterations.
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(a) The department shall make annual inspections and investigations of hospital facilities. The department may accept accreditation by the Joint Commission on the Accreditation of Hospitals in lieu of an annual inspection by the department for the year in which the accreditation …
AS 18.20.085 Hospital records retention.
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(a) Unless specified otherwise by the department a hospital shall retain and preserve records that relate directly to the care and treatment of a patient for a period of seven years following the discharge of the patient. However, the records of a patient under 19 years of age sh…
AS 18.20.090 Disclosure of information. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.095 Mental health patient's right to select staff; duties of hospital staff.
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(a) Except as provided in (d) of this section, a patient 18 years of age or older who is receiving mental health treatment and being provided intimate care at a hospital shall have a right to have care provided by a staff member who is the gender that the patient requests. (b) A …
AS 18.20.100 Annual report of department. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 18.20.110 Secs. 18.20.110 , 18.20.120. Misdemeanor to establish or conduct hospital without license; definitions. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.130 Definitions.
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Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. In AS 18.20.075 — 18.20.130, (1) “department” means the Department of Health; (2) “hospital” means an institution or establishment, public or private, devoted primarily to providing diagnosis, treatmen…
AS 18.20.140 Purpose.
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The purpose of AS 18.20.140 — 18.20.220 is to make an inventory of existing hospitals and medical facilities, community mental health centers, and facilities for persons with intellectual and developmental disabilities; to survey the need for construction of hospitals and medical…
AS 18.20.141 Department functions.
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The department shall be the sole agency for the administration of the plan as required by the federal act. The department shall develop and administer any programs necessary for compliance with the federal act.
AS 18.20.150 Duties of department.
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(a) For each of the following groups of facilities, hospitals and medical facilities (Group 1), community mental health centers (Group 2), and facilities for persons with intellectual and developmental disabilities (Group 3), the department shall (1) make a statewide inventory of…
AS 18.20.160 Priority of projects.
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The state plan must set out the relative need for the projects included in the construction program determined in accordance with the regulations adopted under the federal act, and provide for the construction, maintenance, and operation to the extent financial resources permit, …
AS 18.20.170 Application for construction projects.
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The state, a political subdivision of the state, or a public or other nonprofit agency requesting federal funds for a health facility construction project must apply to the department. The application must conform to federal and state requirements.