HOUSE BILL No. 4420


     March 18, 1999, Introduced by Reps. Law, Richner, Rocca, Cassis, Faunce, Woronchak, Green, Mortimer, Koetje, Toy, DeVuyst, Kelly, LaForge, Jelinek, Howell, DeHart, Van Woerkom, Vear and Hager and referred to the Committee on Family and Civil Law.


        A bill to amend 1963 PA 17, entitled

   "An act to relieve certain persons from civil liability when
   rendering emergency care, when rendering care to persons involved
   in competitive sports under certain circumstances, or when par-
   ticipating in a mass immunization program approved by the depart-
   ment of public health,"

   by amending section 4 (MCL 691.1504), as added by 1986 PA 21.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1)  A person  SUBJECT TO SUBSECTIONS (2) AND (5),

 2    AN INDIVIDUAL who having no duty to do so in good faith volun-

 3    tarily renders cardiopulmonary resuscitation to  a person, shall 

 4    ANOTHER INDIVIDUAL IS not  be  liable IN A CIVIL ACTION for

 5     civil  damages resulting from an act or omission in  the 

 6    rendering  of that  THE cardiopulmonary resuscitation, except an

 7    act or omission  amounting to  THAT CONSTITUTES gross negligence

 8    or  wilful  WILLFUL and wanton misconduct.




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 1         (2) Subsection (1)  shall apply  APPLIES only to  civil

 2     actions which are  A CIVIL ACTION THAT IS filed or pending on or

 3    after May 1, 1986.

 4         (3) SUBJECT TO SUBSECTIONS (4) AND (5), AN INDIVIDUAL WHO

 5    MEETS EITHER OF THE FOLLOWING REQUIREMENTS AND WHO IN GOOD FAITH

 6    VOLUNTARILY RENDERS EMERGENCY SERVICES TO ANOTHER INDIVIDUAL

 7    USING AN AUTOMATED EXTERNAL DEFIBRILLATOR IS NOT LIABLE IN A

 8    CIVIL ACTION FOR DAMAGES RESULTING FROM AN ACT OR OMISSION IN

 9    RENDERING THE EMERGENCY SERVICES USING THE AUTOMATED EXTERNAL

10    DEFIBRILLATOR, EXCEPT AN ACT OR OMISSION THAT CONSTITUTES GROSS

11    NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT:

12         (A) HAS NO DUTY TO RENDER THE EMERGENCY SERVICES TO THE

13    OTHER INDIVIDUAL.

14         (B) HAS SUCCESSFULLY COMPLETED NOT LESS THAN 4 HOURS OF

15    TRAINING IN THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR.  THE

16    TRAINING MUST BE APPROVED BY THE DEPARTMENT OF CONSUMER AND

17    INDUSTRY SERVICES AND OFFERED OR APPROVED BY THE AMERICAN RED

18    CROSS, THE AMERICAN HEART ASSOCIATION, OR A COMPARABLE ORGANIZA-

19    TION OR ASSOCIATION.

20         (4) SUBSECTION (3) APPLIES ONLY TO A CIVIL ACTION THAT IS

21    FILED OR PENDING ON OR AFTER JULY 1, 1999.

22         (5) THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WHO IS

23    LICENSED UNDER PART 209 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

24    MCL 333.20901 TO 333.20979.









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