HOUSE BILL No. 5007 October 19, 1999, Introduced by Rep. Kukuk 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," (MCL 691.1501 to 691.1507) by amending the title, as amended by 1987 PA 30, and by adding section 3. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to relieve certain persons from civil liability when 3 rendering emergency care, when rendering care to persons involved 4 in competitive sports under certain circumstances, or when 5participating in a mass immunization program approved by the6department of public healthRENDERING UNCOMPENSATED CARE UNDER 7 CERTAIN CIRCUMSTANCES. 03807'99 GWH 2 1 SEC. 3. (1) A PHYSICIAN WHO PROVIDES NONEMERGENCY MEDICAL 2 CARE TO A PATIENT WITHOUT RECEIVING COMPENSATION FOR PROVIDING 3 THE NONEMERGENCY MEDICAL CARE IS NOT LIABLE IN A CIVIL ACTION FOR 4 DAMAGES FOR ACTS OR OMISSIONS IN PROVIDING THE NONEMERGENCY MEDI- 5 CAL CARE, UNLESS THE ACTS OR OMISSIONS WERE THE RESULT OF GROSS 6 NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT OR WERE INTENDED TO 7 INJURE THE PATIENT. 8 (2) AS USED IN THIS SECTION: 9 (A) "COMPENSATION" MEANS RECEIPT OF PAYMENT OR EXPECTED 10 RECEIPT OF PAYMENT DIRECTLY FROM A PATIENT OR FROM A PUBLIC OR 11 PRIVATE HEALTH CARE PAYMENT OR BENEFITS PLAN ON BEHALF OF THE 12 PATIENT OR INDIRECTLY IN THE FORM OF WAGES, SALARY, OR OTHER 13 VALUABLE CONSIDERATION PURSUANT TO AN EMPLOYMENT OR SERVICE 14 AGREEMENT. 15 (B) "PHYSICIAN" MEANS THAT TERM AS DEFINED IN SECTIONS 17001 16 AND 17501 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.17001 17 AND 333.17501. 03807'99 Final page. GWH