SENATE BILL No. 310

 

 

March 16, 2005, Introduced by Senators JACOBS, BERNERO, BARCIA, HAMMERSTROM, BIRKHOLZ and GOSCHKA and referred to the Committee on Health Policy.

 

 

 

 

 

     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) "Department" means the department of community health.

 

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

 

association, governmental entity, or other legal entity.

 

     (c) "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) At all times during which the health club is open and its

 

facilities and services are available for use, have at least 1

 

employee present on the premises of the health club who has

 

satisfactorily completed a course or courses in basic first aid and

 

basic cardiopulmonary resuscitation taught by the American red

 

cross, the American heart association, or an equivalent

 

organization approved by the department.

 

     (b) At all times during which the health club is open and its

 

facilities and services are available for use, have available on

 

the premises of the health club an automated external

 

defibrillator.

 

     (c) Develop and implement an emergency plan to address

 

emergency services, when needed, during operational hours at the

 

health club.

 

     Sec. 3. 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.