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Michigan
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Michigan

In Michigan, AED programs are not subject to any specific administrative or operational requirements. However, high school students are mandated to undergo training in CPR/AED procedures. The Good Samaritan law provides protection to individuals engaged in AED-related activities, but does not extend coverage to other aspects of AED programs. Notably, immunity from liability is not contingent upon compliance with administrative or operational requirements. Furthermore, Michigan mandates the presence of AEDs in health clubs, enhancing safety measures within such facilities.

Michigan Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Immunity from civil liability extends to good-faith rescuers.
Health Clubs
Health clubs must have an AED on the premises and must employ at least one individual trained in CPR/AED.
Students
All students enrolled in grades 7-12 must be trained in CPR/AED
Dental Offices
Dentists who administer anesthesia are required to have an AED on site.
Long Term Care Facilities
Long-term facilities (e.g. nursing homes) are required to have an AED on site.

Michigan Statutes and Regulations

Sec. 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.

(12) The governing body of a school that operates any of grades kindergarten to 12 shall adopt and implement a cardiac emergency response plan for the school. The cardiac emergency response plan shall address and provide for at least all of the following:

(a) Use and regular maintenance of automated external defibrillators, if available.

(b) Activation of a cardiac emergency response team during an identified cardiac emergency.

(c) A plan for effective and efficient communication throughout the school campus.

(d) If the school includes grades 9 to 12, a training plan for the use of an automated external defibrillator and in cardiopulmonary resuscitation techniques.

(e) Incorporation and integration of the local emergency response system and emergency response agencies with the school’s plan.

(f) An annual review and evaluation of the cardiac emergency response plan.

Sec. 1.

As used in this act:

(a) “AED” means automated external defibrillator.

(b) “Department” means the department of community health.

(c) “Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(d) “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) Employ at least 1 individual who has satisfactorily completed a course or courses in basic first aid, basic cardiopulmonary resuscitation, and AED use taught by the American red cross, the American heart association, or an equivalent organization approved by the department.

(b) Have available on the premises of the health club an AED deployed in a manner that provides obvious and ready accessibility to staff, members, and guests.

(c) Develop and implement an emergency plan to address emergency services, when needed, during operational hours at the health club.

Sec. 3.

(1) A person, including, but not limited to, a health club owner, operator, or employee, does not have a duty to render emergency service to an individual using an AED that a health club has on the premises.

(2) This act does not limit the applicability of 1963 PA 17, MCL 691.1501 to 691.1507.

(1) By not later than the 2017-2018 school year, the department shall ensure that the model core academic curriculum content standards for health education and the subject area content expectations and guidelines for health education under section 1278a provide for all of the following:

(a) Instruction in cardiopulmonary resuscitation for pupils enrolled in grades 7 to 12. Subject to subsection (5), the content standards and subject area content expectations shall ensure that the psychomotor skills necessary to perform cardiopulmonary resuscitation are incorporated into the instruction and that the instruction is based on either of the following:

(i) An instructional program developed by the American Red Cross or the American Heart Association.

(ii) Nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation.

(b) Instruction about automated external defibrillators for pupils enrolled in grades 7 to 12.

(2) The content standards or subject area content expectations and guidelines under subsection (1) shall not require a certificated teacher to be an authorized CPR/AED instructor to facilitate, provide, or oversee instruction described in subsection (1)(a) if that instruction does not result in a pupil earning a CPR certification card or status.

(3) If instruction described in subsection (1)(a) will result in a pupil earning a CPR certification card or status, that instruction must be taught by an authorized CPR/AED instructor, as applicable.

(4) School districts, public school academies, and nonpublic schools are encouraged to use locally available resources to provide the instruction required to meet the content standards or subject area content expectations and guidelines under subsection (1), including, but not limited to, emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or American Red Cross, or properly trained teachers or other school employees.

(5) The content standards and subject area content expectations and guidelines required under subsection (1) shall provide that a school or program that provides 100% online instruction is exempt from having to incorporate psychomotor skills into the instruction under this section.

(6) As used in this section:

(a) “Authorized CPR/AED instructor” means an instructor who is authorized by the American Heart Association, American Red Cross, or a similar nationally recognized association to provide instruction in cardiopulmonary resuscitation that results in the issuance of a CPR certification card or status.

(b) “CPR certification card or status” means a card or other credential evidencing successful completion of instruction in cardiopulmonary resuscitation that is issued by the American Heart Association, American Red Cross, or a similar nationally recognized organization using evidence-based guidelines for the teaching of cardiopulmonary resuscitation.

*Codes and regulations cited from Justia US Law.

***Codes and regulations cited from CaseText.

***Codes and regulations cited from Michigan.gov.

Note: This page serves as an educational resource on Automated External Defibrillators (AEDs) and related legal frameworks. AEDleader.com provides this content for general knowledge purposes and does not claim it to be exhaustive or infallible regarding interpretations of AED laws. It should not be considered legal counsel. We invite you to contact us for detailed guidance on complying with AED regulations specific to your location.

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Michigan
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Michigan