SB-0310, As Passed House, February 7, 2006

SUBSTITUTE FOR

SENATE BILL NO. 310

     A bill to regulate certain health clubs with respect to

potential medical emergencies; and to provide for civil sanctions.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "AED" means automated external defibrillator.

     (b) "Department" means the department of community health.

     (c) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     (d) "Health club" means an establishment that provides, as its

primary purpose, services or facilities that are purported to

assist patrons in physical exercise, in weight control, or in

figure development, including, but not limited to, a fitness

center, studio, salon, or club. A health club does not include a

hotel or motel that provides physical fitness equipment or

activities, an organization solely offering training or facilities

for an individual sport, or a weight reduction center.

     Sec. 2. Beginning 1 year after the effective date of this act,

the owner or operator of a health club shall do all of the

following:

     (a) Employ at least 1 individual who has satisfactorily

completed a course or courses in basic first aid, basic

cardiopulmonary resuscitation, and AED use taught by the American

red cross, the American heart association, or an equivalent

organization approved by the department.

     (b) Have available on the premises of the health club an AED

deployed in a manner that provides obvious and ready accessibility

to staff, members, and guests.

     (c) Develop and implement an emergency plan to address

emergency services, when needed, during operational hours at the

health club.

     Sec. 3. (1) A person, including, but not limited to, a health

club owner, operator, or employee, does not have a duty to render

emergency service to an individual using an AED that a health club

has on the premises.

     (2) This act does not limit the applicability of 1963 PA 17,

MCL 691.1501 to 691.1507.

     Sec. 4. A person who violates this act is responsible for a

state civil infraction and shall be ordered to pay a civil fine as

follows:

     (a) Not more than $250.00 for a first offense.

     (b) Not more than $500.00 for a second offense.

     (c) Not more than $1,000.00 for a third or subsequent offense.