DEFIBRILLATOR: IMMUNITY - S.B. 1050 (S-1): FLOOR ANALYSIS

Senate Bill 1050 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Senator Robert Geake

Committee: Health Policy and Senior Citizens

CONTENT

The bill would amend the Good Samaritan law to provide for immunity from liability for persons who treated certain patients or other individuals by using an automated external defibrillator. The bill would apply only to an individual who was not licensed under the Public Health Code in emergency medical services.

The bill provides that an individual who had no duty to do so, who in good faith voluntarily rendered emergency services to another individual using an automated external defibrillator, would not be liable in a civil action for damages resulting from an act or omission in rendering the emergency services, except an act or omission that constituted gross negligence or willful and wanton misconduct. The bill would apply only to a civil action that was filed or pending on or after July 1, 1998. The bill would not apply if the emergency services were rendered as the result of a request made through 9-1-1 or another universal emergency telephone number, or any other designated emergency services telephone number.

Currently, the Good Samaritan law provides for immunity from liability for persons who in good faith voluntarily render cardiopulmonary resuscitation to another person.

MCL 691.1504 - Legislative Analyst: G. Towne

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 4-29-98 - Fiscal Analyst: M. Tyszkiewicz

FLOOR\SB1050 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.