Michigan Good Samaritan Acts

Liability of Certain Persons for Emergency Care
Act 17 of 1963

Yellow highlighting has been added to emphasize statutes that provide some, but not all, liability protection for certain individuals rendering emergency medical care.

Contents

MCL §691.1501  Physicians, physician's assistant, or nurses rendering emergency care or determining fitness to engage in competitive sports; liability for acts or omissions; definitions. 1

MCL §691.1502  Emergency care; exemption of certain persons from civil liability; exception; staffing hospital emergency facilities. 3

MCL §691.1503  Repealed. 1978, Act 368, Eff. Sept. 30, 1978. 4

MCL §691.1504  Rendering of cardiopulmonary resuscitation; applicability of subsection (1) to civil actions; use of automated external defibrillator; applicability of subsections (3) and (4). 4

MCL §691.1505  Liability of block parent volunteer; definitions. 5

MCL §691.1507  Member of national ski patrol system rendering emergency care; liability for acts or omissions. 6

MCL §691.1521  “Restaurant” defined. 6

MCL §691.1522  Removal of food lodged in throat; liability of employee or owner of restaurant. 6

 

MCL §691.1501      Physicians, physician's assistant, or nurses rendering emergency care or determining fitness to engage in competitive sports; liability for acts or omissions; definitions.

(1)    A physician, physician's assistant, registered professional nurse, or licensed practical nurse who in good faith renders emergency care without compensation at the scene of an emergency, if a physician-patient relationship, physician's assistant-patient relationship, registered professional nurse-patient relationship, or licensed practical nurse-patient relationship did not exist before the emergency, is not liable for civil damages as a result of acts or omissions by the physician, physician's assistant, registered professional nurse, or licensed practical nurse in rendering the emergency care, except acts or omissions amounting to gross negligence or willful and wanton misconduct.

(2)    A physician or physician's assistant who in good faith performs a physical examination without compensation upon an individual to determine the individual's fitness to engage in competitive sports and who has obtained a form described in this subsection signed by the individual or, if the individual is a minor, by the parent or guardian of the minor, is not liable for civil damages as a result of acts or omissions by the physician or physician's assistant in performing the physical examination, except acts or omissions amounting to gross negligence or willful and wanton misconduct or which are outside the scope of the license held by the physician or physician's assistant. The form required by this subsection shall contain a statement indicating that the person signing the form knows that the physician or physician's assistant is not necessarily performing a complete physical examination and is not liable under this section for civil damages as a result of acts or omissions by the physician or physician's assistant in performing the physical examination, except acts or omissions amounting to gross negligence or willful and wanton misconduct or which are outside the scope of the license held by the physician or physician's assistant.

(3)    A physician, physician's assistant, registered professional nurse, or licensed practical nurse who in good faith renders emergency care without compensation to an individual requiring emergency care as a result of having engaged in competitive sports is not liable for civil damages as a result of acts or omissions by the physician, physician's assistant, registered professional nurse, or licensed practical nurse in rendering the emergency care, except acts or omissions amounting to gross negligence or willful and wanton misconduct and except acts or omissions that are outside the scope of the license held by the physician, physician's assistant, registered professional nurse, or licensed practical nurse. This subsection applies to the rendering of emergency care to a minor even if the physician, physician's assistant, registered professional nurse, or licensed practical nurse does not obtain the consent of the parent or guardian of the minor before the emergency care is rendered.

(4)    As used in this act:

(a)   “Competitive sports” means sports conducted as part of a program sponsored by a public or private school that provides instruction in grades kindergarten through 12 or a charitable or volunteer organization. Competitive sports do not include sports conducted as part of a program sponsored by a public or private college or university.

(b)   “Licensed practical nurse” means an individual licensed to engage in the practice of nursing as a licensed practical nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(c)    “Physician” means an individual licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(d)   “Physician's assistant” means an individual licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery performed under the supervision of a physician as provided in article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(e)   “Registered professional nurse” means an individual licensed to engage in the practice of nursing under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

History: Add. 1975, Act 123, Imd. Eff. July 1, 1975 ;-- Am. 2002, Act 543, Imd. Eff. July 26, 2002

Compiler's Notes: Enacting section 1 of Act 543 of 2002 provides :“Enacting section 1. This amendatory act applies to a cause of action arising on or after the effective date of this amendatory act.”

MCL §691.1502      Emergency care; exemption of certain persons from civil liability; exception; staffing hospital emergency facilities.

(1)    If an individual's actual hospital duty does not require a response to the emergency situation, a physician, physician's assistant, dentist, podiatrist, intern, resident, registered nurse, licensed practical nurse, registered physical therapist, clinical laboratory technologist, inhalation therapist, certified registered nurse anesthetist, x-ray technician, or paramedic, who in good faith responds to a life threatening emergency or responds to a request for emergency assistance in a life threatening emergency within a hospital or other licensed medical care facility, is not liable for civil damages as a result of an act or omission in the rendering of emergency care, except an act or omission amounting to gross negligence or willful and wanton misconduct.

(2)    The exemption from liability under subsection (1) does not apply to a physician if a physician-patient relationship, to a physician's assistant if a physician's assistant-patient relationship, or to a licensed nurse if a nurse-patient relationship existed before the emergency.

(3)    The exemption from liability under subsection (1) does not apply to a physician's assistant unless the response by the physician's assistant is within the scope of the license held by the physician's assistant or within the expertise or training of the physician's assistant.

(4)    This act does not diminish a hospital's responsibility to reasonably and adequately staff hospital emergency facilities if the hospital maintains or holds out to the general public that it maintains emergency room facilities.

History: Add. 1975, Act 123, Imd. Eff. July 1, 1975 ;-- Am. 2002, Act 543, Imd. Eff. July 26, 2002

Compiler's Notes: Enacting section 1 of Act 543 of 2002 provides: “Enacting section 1.  This amendatory act applies to a cause of action arising on or after the effective date of this amendatory act.”

MCL §691.1503      Repealed. 1978, Act 368, Eff. Sept. 30, 1978.

Compiler's Notes: The repealed section pertained to liability of health personnel and drug manufacturers participating in mass immunization programs.

MCL §691.1504      Rendering of cardiopulmonary resuscitation; applicability of subsection (1) to civil actions; use of automated external defibrillator; applicability of subsections (3) and (4).

(1)    Subject to subsection (2), an individual who having no duty to do so in good faith voluntarily renders cardiopulmonary resuscitation to another individual is not liable in a civil action for damages resulting from an act or omission in rendering the cardiopulmonary resuscitation, except an act or omission that constitutes gross negligence or willful and wanton misconduct.

(2)    Subsection (1) applies only to a civil action that is filed or pending on or after May 1, 1986.

(3)    Subject to subsection (5), an individual who having no duty to do so in good faith voluntarily renders emergency services to another individual using an automated external defibrillator is not liable in a civil action for damages resulting from an act or omission in rendering the emergency services using the automated external defibrillator, except an act or omission that constitutes gross negligence or willful and wanton misconduct.

(4)    Subject to subsection (5), the following persons are not liable in a civil action for damages resulting from an act or omission of an individual rendering emergency services using an automated external defibrillator as described in subsection (3), except if the person's actions constitute gross negligence or willful and wanton misconduct:

(a)   A physician who provides medical authorization for use of an automated external defibrillator.

(b)   An individual who instructs others in the use of an automated external defibrillator.

(c)    An individual or entity that owns, occupies, or manages the premises where an automated external defibrillator is located or used.

(5)    Subsections (3) and (4) apply only to a civil action that is filed or pending on or after the effective date of the amendatory act that added this subsection.

History: Add. 1986, Act 21, Imd. Eff. Mar. 10, 1986 ;-- Am. 1999, Act 173, Imd. Eff. Nov. 16, 1999

MCL §691.1505      Liability of block parent volunteer; definitions.

(1)    A block parent volunteer who in good faith and while acting as a block parent volunteer renders assistance to a minor during an emergency shall not be liable for civil damages resulting from an act or omission in the rendering of that assistance, except an act or omission amounting to gross negligence or wilful and wanton misconduct.

(2)    As used in this section:

(a)   “Block parent volunteer” means a person who is a member of a nonprofit volunteer organization which has as its primary function assisting minors in getting safely to and from school.

(b)   “Minor” means a person who is less than 18 years of age.

History: Add. 1985, Act 150, Imd. Eff. Nov. 12, 1985

MCL §691.1507      Member of national ski patrol system rendering emergency care; liability for acts or omissions.

A person who is a registered member of the national ski patrol system and who, in good faith and while on patrol as a member of the national ski patrol system, renders emergency care at the scene of an emergency shall not be liable for civil damages as a result of acts or omissions by the person in rendering the emergency care, except acts or omissions amounting to gross negligence or willful and wanton misconduct.

History: Add. 1987, Act 30, Imd. Eff. May 26, 1987 ;-- Am. 2006, Act 43, Imd. Eff. Mar. 2, 2006

MCL §691.1521      “Restaurant” defined.

As used in this act, “restaurant” means a fixed or mobile establishment serving food to the public for consumption on the premises.

History: 1978, Act 448, Imd. Eff. Oct. 11, 1978

MCL §691.1522      Removal of food lodged in throat; liability of employee or owner of restaurant.

A restaurant or an employee or owner of a restaurant shall not be liable for civil damages if an employee or owner of a restaurant in good faith attempts to remove, removes, or assists in the removal or attempted removal of food which is lodged in an individual's throat, unless the employee or owner was grossly negligent in his or her actions.

History: 1978, Act 448, Imd. Eff. Oct. 11, 1978