SENATE BILL NO. 674


   June 17, 1999, Introduced by Senators SCHWARZ, HAMMERSTROM, 
        JOHNSON, BENNETT, SHUGARS, EMMONS, ROGERS, MC MANUS and 
        MURPHY and referred to the Committee on Health Policy.



        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 SUBSECTION
             (5), AN

 2    INDIVIDUAL who having no duty to do so in good faith voluntarily

 3    renders cardiopulmonary resuscitation to  a person 
             ANOTHER

 4    INDIVIDUAL,  shall  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 SUBSECTION (5), AN INDIVIDUAL WHO HAVING NO

 5    DUTY TO DO SO IN GOOD FAITH VOLUNTARILY RENDERS EMERGENCY SERV-

 6    ICES TO ANOTHER INDIVIDUAL USING AN AUTOMATED EXTERNAL DEFIBRIL-

 7    LATOR IS NOT LIABLE IN A CIVIL ACTION FOR DAMAGES RESULTING FROM

 8    AN ACT OR OMISSION IN RENDERING THE EMERGENCY SERVICES USING THE

 9    AUTOMATED EXTERNAL DEFIBRILLATOR, EXCEPT AN ACT OR OMISSION THAT

10    CONSTITUTES GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT.

11    THIS SUBSECTION DOES NOT APPLY IF THE EMERGENCY SERVICES WERE

12    RENDERED AS THE RESULT OF A REQUEST MADE THROUGH 9-1-1 OR ANOTHER

13    UNIVERSAL EMERGENCY TELEPHONE NUMBER OR ANY OTHER DESIGNATED

14    EMERGENCY SERVICES TELEPHONE NUMBER.

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

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

17         (5) THIS SECTION APPLIES ONLY TO AN INDIVIDUAL WHO IS NOT

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

19    MCL 333.20901 TO 333.20979.



















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