Text of AK HB 338 (2024)
Phys Lblty: Gender Trans Procedure;minors
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As introduced
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HB 338
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33-LS1392\A
HOUSE BILL NO. 338
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE ALLARD
Introduced: 2/20/24
Referred: Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to physician liability for gender transition procedures performed on
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minors; and providing for an effective date."
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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* Section 1. AS 09.10.055(b) is amended to read:
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(b) This section does not apply if
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(1) the personal injury, death, or property damage resulted from
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(A) prolonged exposure to hazardous waste;
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(B) an intentional act or gross negligence;
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(C) fraud or misrepresentation;
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(D) breach of an express warranty or guarantee;
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(E) a defective product; in this subparagraph, "product" means
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an object that has intrinsic value, is capable of delivery as an assembled whole
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or as a component part, and is introduced into trade or commerce; or
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(F) breach of trust or fiduciary duty;
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(2) the facts that would give notice of a potential cause of action are
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intentionally concealed;
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(3) a shorter period of time for bringing the action is imposed under
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another provision of law;
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(4) the provisions of this section are waived by contract; [OR]
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(5) the facts that would constitute accrual of a cause of action of a
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minor are not discoverable in the exercise of reasonable care by the minor's parent or
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guardian; or
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(6) the action is brought under AS 09.65.175.
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* Sec. 2. AS 09.55.549(f) is amended to read:
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(f) The limitation on noneconomic damages in this section does not apply if
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the damages resulted from an act or omission that constitutes reckless or intentional
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misconduct or from an action brought under AS 09.65.175.
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* Sec. 3. AS 09.65 is amended by adding a new section to read:
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Sec. 09.65.175. Civil liability for gender transition procedures performed
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on minors. A person who, as a minor under 18 years of age, received a gender
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transition procedure may maintain a claim for recovery of damages against the
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physician who performed the procedure for an injury or condition suffered as a result
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of the procedure. An action brought under this section must be commenced within 20
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years after the accrual of the cause of action. In this section, "physician" means a
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person licensed as a physician under AS 08.64.
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* Sec. 4. This Act takes effect immediately under AS 01.10.070(c).
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