Bill Text: MI SB0427 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Torts; other; "Good Samaritan" law; expand to include licensed emergency medical service provider. Amends secs. 1 & 2 of 1963 PA 17 (MCL 691.1501 & 691.1502).
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2015-12-01 - Assigned Pa 0209'15 With Immediate Effect [SB0427 Detail]
Download: Michigan-2015-SB0427-Engrossed.html
SB-0427, As Passed Senate, October 7, 2015
SUBSTITUTE FOR
SENATE BILL NO. 427
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
participating in a mass immunization program approved by the
department of public health,"
by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as
amended by 2002 PA 543.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A physician, physician's assistant, registered
professional
nurse, or licensed practical nurse, or licensed EMS
provider who in good faith renders emergency care without
compensation at the scene of an emergency, if a physician-patient
relationship, physician's assistant-patient relationship,
registered
professional nurse-patient relationship, or licensed
practical nurse-patient, or licensed EMS provider-patient
relationship did not exist before the emergency, is not liable for
civil damages as a result of acts or omissions by the physician,
physician's
assistant, registered professional nurse, or licensed
practical nurse, licensed EMS provider in rendering the emergency
care,
except acts or omissions amounting that amount to gross
negligence or willful and wanton misconduct.
(2) A physician or physician's assistant who in good faith
performs
a physical examination without compensation upon on an
individual to determine the individual's fitness to engage in
competitive sports and who has obtained a form described in this
subsection signed by the individual or, if the individual is a
minor, by the parent or guardian of the minor, is not liable for
civil damages as a result of acts or omissions by the physician or
physician's assistant in performing the physical examination,
except
acts or omissions amounting that
amount to gross negligence
or
willful and wanton misconduct or which that are outside the
scope of the license held by the physician or physician's
assistant.
The form required by this subsection shall must contain
a statement indicating that the person signing the form knows that
the physician or physician's assistant is not necessarily
performing a complete physical examination and is not liable under
this section for civil damages as a result of acts or omissions by
the physician or physician's assistant in performing the physical
examination,
except acts or omissions amounting that amount to
gross
negligence or willful and wanton misconduct or which that are
outside the scope of the license held by the physician or
physician's assistant.
(3) A physician, physician's assistant, registered
professional
nurse, or licensed practical nurse, or licensed EMS
provider who in good faith renders emergency care without
compensation to an individual requiring emergency care as a result
of having engaged in competitive sports is not liable for civil
damages as a result of acts or omissions by the physician,
physician's
assistant, registered professional nurse, or licensed
practical nurse, or licensed EMS provider in rendering the
emergency
care, except acts or omissions amounting that amount to
gross negligence or willful and wanton misconduct and except acts
or omissions that are outside the scope of the license held by the
physician,
physician's assistant, registered professional nurse, or
licensed practical nurse, or licensed EMS provider. This subsection
applies to the rendering of emergency care to a minor even if the
physician,
physician's assistant, registered professional nurse, or
licensed practical nurse, or licensed EMS provider does not obtain
the consent of the parent or guardian of the minor before the
emergency care is rendered.
(4) As used in this act:
(a) "Competitive sports" means sports conducted as part of a
program sponsored by a public or private school that provides
instruction in grades kindergarten through 12 or a charitable or
volunteer organization. Competitive sports do not include sports
conducted as part of a program sponsored by a public or private
college or university.
(b) "Licensed EMS provider" means an individual who is a
medical first responder, emergency medical technician, emergency
medical technician specialist, or paramedic, as those terms are
defined in sections 20904 to 20908 of the public health code, 1978
PA 368, MCL 333.20904 to 333.20908.
(c) (b)
"Licensed practical
nurse" means an individual
licensed to engage in the practice of nursing as a licensed
practical nurse under article 15 of the public health code, 1978 PA
368, MCL 333.16101 to 333.18838.
(d) (c)
"Physician" means an
individual licensed to engage in
the practice of medicine or the practice of osteopathic medicine
and surgery under article 15 of the public health code, 1978 PA
368, MCL 333.16101 to 333.18838.
(e) (d)
"Physician's assistant"
means an individual licensed
to engage in the practice of medicine or the practice of
osteopathic medicine and surgery performed under the supervision of
a physician as provided in article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
(f) (e)
"Registered professional
nurse" means an individual
licensed to engage in the practice of nursing as a registered
professional nurse under article 15 of the public health code, 1978
PA 368, MCL 333.16101 to 333.18838.
Sec.
2. (1) If an the individual's actual hospital duty does
not require a response to the emergency situation, a physician,
physician's assistant, dentist, podiatrist, intern, resident,
registered
professional nurse, licensed practical nurse, registered
physical therapist, clinical laboratory technologist, inhalation
therapist, certified registered nurse anesthetist, x-ray
technician,
or paramedic, licensed EMS
provider who in good faith
responds to a life threatening emergency or responds to a request
for
emergency assistance in a life threatening emergency within in
a
hospital or other licensed medical care facility , is not liable
for civil damages as a result of an act or omission in the
rendering of emergency care, except an act or omission amounting to
gross negligence or willful and wanton misconduct.
(2) The exemption from liability under subsection (1) does not
apply to a physician if a physician-patient relationship, to a
physician's assistant if a physician's assistant-patient
relationship, or to a licensed nurse if a nurse-patient
relationship existed before the emergency.
(3) The exemption from liability under subsection (1) does not
apply to a physician's assistant unless the response by the
physician's assistant is within the scope of the license held by
the physician's assistant or within the expertise or training of
the physician's assistant.
(4) This act does not diminish a hospital's responsibility to
reasonably and adequately staff hospital emergency facilities if
the hospital maintains or holds out to the general public that it
maintains emergency room facilities.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
