SENATE BILL No. 1314
June 20, 2000, Introduced by Senator SCHWARZ and referred to the Committee on Judiciary.
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 sections 1 and 2 (MCL 691.1501 and 691.1502),
section 1 as amended by 1987 PA 30.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) A physician, PHYSICIAN'S ASSISTANT, registered
2 professional nurse, or licensed practical nurse who in good faith
3 renders emergency care at the scene
of
an emergency, where IF a
4 physician-patient relationship, PHYSICIAN'S ASSISTANT-PATIENT
5 RELATIONSHIP, registered professional nurse-patient relationship,
6 or licensed practical nurse-patient relationship did not exist
7 before the advent of
the emergency,
shall IS not be liable
8 for civil damages as a result of acts or omissions by the
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1 physician, PHYSICIAN'S ASSISTANT, registered professional nurse,
2 or licensed practical nurse in rendering the emergency care,
3 except acts or omissions amounting to gross negligence or willful
4 and wanton misconduct.
5 (2) A physician OR PHYSICIAN'S ASSISTANT who in good faith
6 performs a physical examination
,
without compensation , upon
7 an individual to determine the individual's fitness to engage in
8 competitive sports and who has
obtained
a statement FORM
9 DESCRIBED IN THIS SUBSECTION signed by the individual or, if the
10 individual is a minor, BY the parent or guardian of the minor, IS
11 NOT LIABLE FOR CIVIL DAMAGES AS A RESULT OF ACTS OR OMISSIONS BY
12 THE PHYSICIAN OR PHYSICIAN'S ASSISTANT IN PERFORMING THE PHYSICAL
13 EXAMINATION, EXCEPT ACTS OR OMISSIONS AMOUNTING TO GROSS NEGLI-
14 GENCE OR WILLFUL AND WANTON MISCONDUCT. THE FORM REQUIRED BY
15 THIS SUBSECTION SHALL CONTAIN A STATEMENT INDICATING that the
16 person signing the
statement FORM
knows that the physician OR
17 PHYSICIAN'S ASSISTANT is not necessarily performing a complete
18 physical examination and is not liable UNDER THIS SECTION for
19 civil damages as a result of acts or omissions by the physician
20 OR PHYSICIAN'S ASSISTANT in performing the PHYSICAL examination,
21 except acts or omissions amounting to gross negligence or willful
22 and wanton misconduct.
or which are
outside the scope of the
23 license held by the
physician, or a
24 (3) A physician, PHYSICIAN'S ASSISTANT, registered profes-
25 sional nurse, or licensed practical nurse who in good faith
26 renders emergency care
, without
compensation , to an
27 individual requiring
such EMERGENCY
care as a result of having
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1 engaged in competitive sports
shall IS
not be liable for
2 civil damages as a result of acts or
omissions by the physician
3 in performing the
physical examination
or acts or omissions by
4 the
physician, PHYSICIAN'S ASSISTANT,
registered professional
5 nurse, or licensed practical nurse in rendering the emergency
6 care, except acts or omissions amounting to gross negligence or
7 willful and wanton misconduct and except acts or omissions
8 which
THAT are outside the scope of
the license held by the
9 physician, PHYSICIAN'S ASSISTANT, registered professional nurse,
10 or licensed practical nurse. This
subsection shall apply
11 APPLIES to the rendering of
emergency
care to minors A MINOR
12 even if the physician, PHYSICIAN'S ASSISTANT, registered profes-
13 sional nurse, or licensed practical nurse does not obtain the
14 consent of the parent or guardian of the minor before the emer-
15 gency care is rendered.
16 (4) (3)
As used in this section:
17 (a) "Competitive sports" means sports conducted as part of a
18 program sponsored by a public or
private
school which THAT pro-
19 vides instruction in grades kindergarten through 12 or a charita-
20 ble or volunteer organization.
Competitive sports does DO not
21 include sports conducted as part of a program sponsored by a
22 public or private college or university.
23 (b) "Licensed practical nurse" means an individual licensed
24 to engage in the practice of nursing as a licensed practical
25 nurse under article 15 of the public
health code, Act No. 368 of
26 the Public Acts of 1978
sections
333.16101 to 333.18838 of the
27 Michigan Compiled
Laws 1978 PA 368, MCL
333.16101 TO 333.18838.
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1 (c) "Physician" means an individual licensed to ENGAGE IN
2 THE practice OF medicine or THE PRACTICE OF osteopathic medicine
3 and surgery under article 15 of
Act No.
368 of the Public Acts
4 of 1978
THE PUBLIC HEALTH CODE, 1978 PA
368, MCL 333.16101 TO
5 333.18838.
6 (D) "PHYSICIAN'S ASSISTANT" MEANS AN INDIVIDUAL LICENSED TO
7 ENGAGE IN THE PRACTICE OF MEDICINE OR THE PRACTICE OF OSTEOPATHIC
8 MEDICINE AND SURGERY PERFORMED UNDER THE SUPERVISION OF A PHYSI-
9 CIAN AS PROVIDED IN ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA
10 368, MCL 333.16101 TO 333.18838.
11 (E) (d)
"Registered professional
nurse" means an individ-
12 ual licensed to engage in the practice of nursing under article
13 15 of Act No. 368 of
the Public Acts of
1978 THE PUBLIC HEALTH
14 CODE, 1978 PA 368, MCL 333.16101 TO 333.18838.
15 Sec. 2. (1) In
instances where
the IF AN INDIVIDUAL'S
16 actual hospital duty of
that person did
DOES not require a
17 response to that
THE emergency
situation, a physician,
18 PHYSICIAN'S ASSISTANT, dentist, podiatrist, intern, resident,
19 registered nurse, licensed practical nurse, registered physical
20 therapist, clinical laboratory technologist, inhalation thera-
21 pist, certified registered nurse anesthetist, x-ray technician,
22 or paramedical person
PARAMEDIC, who
in good faith responds to
23 a life threatening emergency or responds to a request for emer-
24 gency assistance in a life threatening emergency within a hospi-
25 tal or other licensed medical care
facility, shall IS not be
26 liable for any
civil damages as a
result of an act or omission
27 in the rendering of emergency care, except an act or omission
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1 amounting to gross negligence or
wilful
WILLFUL and wanton
2 misconduct.
3 (2) The exemption from liability under subsection (1)
4 shall DOES
not apply to a physician
where IF a
5 physician-patient relationship,
existed
prior to the advent of
6 the emergency nor
TO A PHYSICIAN'S
ASSISTANT IF A PHYSICIAN'S
7 ASSISTANT-PATIENT
RELATIONSHIP, OR to a
licensed nurse where IF
8 a nurse-patient relationship existed
prior to the advent of
9 BEFORE the emergency.
10 (3) Nothing in this
THIS act
shall DOES NOT diminish a
11 hospital's responsibility to reasonably and adequately staff hos-
12 pital emergency facilities
when IF the
hospital maintains or
13 holds out to the general public that
it
maintains such emer-
14 gency room facilities.
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