Bill Text: MI SB0971 | 2013-2014 | 97th Legislature | Introduced

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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 6-0)

Status: (Introduced - Dead) 2014-06-05 - Referred To Committee On Judiciary [SB0971 Detail]

Download: Michigan-2013-SB0971-Introduced.html

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SENATE BILL No. 971

 

 

June 5, 2014, Introduced by Senators HANSEN, COLBECK, PROOS, MARLEAU, BOOHER and GREEN and referred to the Committee on Judiciary.

 

 

 

     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.