Recreation: other; act regarding medical emergencies in health clubs; revise cross-reference to the Good Samaritan Act. Amends sec. 3 of 2006 PA 23 (MCL 333.26313). TIE BAR WITH: HB 4108'25
The proposed changes to the current law are significant as they relieve health club staff from the duty of care regarding the use of AEDs in emergency situations. As the use of AEDs becomes more prevalent, this legislative measure seeks to encourage health clubs to maintain these devices without the fear of legal repercussions if emergencies occur. The amendment, however, does not undermine the protections offered by the Good Samaritan Act, which continues to apply to individual actions regarding medical emergencies.
House Bill 4109 aims to amend the existing legislation governing health clubs in Michigan, specifically regarding their responsibilities during potential medical emergencies. The bill clarifies that individuals associated with health clubs—including owners, operators, or employees—are not legally obliged to provide emergency services when an Automated External Defibrillator (AED) is used by a health club patron. This amendment is intended to reduce concerns about liability for health club staff when assisting individuals in medical distress.
There may be debate surrounding this bill, particularly regarding its implications for public safety in health clubs. Supporters might argue that the bill enables health clubs to operate more freely without the fear of lawsuits, potentially leading to more clubs investing in AEDs because of the reduced liability risk. Conversely, critics could express concern that the bill reduces the incentive for health clubs to adequately train their staff in emergency response procedures, thereby posing risks to patrons' safety during medical emergencies.