Michigan Good Samaritan Law
Act 368 of 1978 333.20965
Sec. 20965. (1) Unless an act or omission
is the result of gross negligence or willful misconduct, the acts or omissions
of a medical first responder, emergency medical technician, emergency medical
technician specialist, paramedic, medical director of a medical control
authority or his or her designee, or, subject to subsection (5), an individual
acting as a clinical preceptor of a department-approved education program
sponsor while providing services to a patient outside a hospital, in a hospital
before transferring patient care to hospital personnel, or in a clinical
setting that are consistent with the individual's licensure or additional
training required by the medical control authority including, but not limited
to, services described in subsection (2), or consistent with an approved
procedure for that particular education program do not impose liability in the treatment
of a patient on those individuals or any of the following persons: (a) The
authorizing physician or physician's designee.
(b) The medical director and individuals
serving on the governing board, advisory body, or committee of the medical
control authority and an employee of the medical control authority.
(c) The person providing communications
services or lawfully operating or utilizing supportive electronic
communications devices.
(d) The life support agency or an officer,
member of the staff, or other employee of the life support agency.
(e) The hospital or an officer, member of
the staff, nurse, or other employee of the hospital.
(f) The authoritative governmental unit or
units.
(g) Emergency personnel from outside the
state.
(h) The education program medical
director.
(i) The education program
instructor-coordinator.
(j) The education program sponsor and
education program sponsor advisory committee.
(k) The student of a department-approved
education program who is participating in an education program-approved
clinical setting.
(l) An instructor or other staff employed
by or under contract to a department-approved education program for the purpose
of providing training or instruction for the department-approved education
program.
(m) The life support agency or an officer,
member of the staff, or other employee of the life support agency providing the
clinical setting described in subdivision (k).
(n) The hospital or an officer, member of
the medical staff, or other employee of the hospital providing the clinical
setting described in subdivision (k).
(2) Subsection (1) applies to services
consisting of the use of an automated external defibrillator on an individual
who is in or is exhibiting symptoms of cardiac distress.
(3) Unless an act or omission is the
result of gross negligence or willful misconduct, the acts or omissions of any
of the persons named below, while participating in the development of protocols
under this part, implementation of protocols under this part, or holding a
participant in the emergency medical services system accountable for
department-approved protocols under this part, does not impose liability in the
performance of those functions: (a) The medical director and individuals
serving on the governing board, advisory body, or committees of the medical
control authority or employees of the medical control authority.
(b) A participating hospital or
freestanding surgical outpatient facility in the medical control authority or
an officer, member of the medical staff, or other employee of the hospital or
freestanding surgical outpatient facility.
(c) A participating agency in the medical
control authority or an officer, member of the medical staff, or other employee
of the participating agency.
(d) A nonprofit corporation that performs
the functions of a medical control authority.
(4) Subsections (1) and (3) do not limit immunity
from liability otherwise provided by law for any of the persons
listed in subsections (1) and (3).
(5) The limitation on liability granted to
a clinical preceptor under subsection (1) applies only to an act or omission of
the clinical preceptor relating directly to a student's clinical training
activity or responsibility while the clinical preceptor is physically present
with the student during the clinical training activity, and does not apply to
an act or omission of the clinical preceptor during that time that indirectly
relates or does not relate to the student's clinical training activity or
responsibility.
(History: Add. 1990,
Act 179, Imd. Eff. July 2, 1990 ;--Am. 1997, Act 78, Imd. Eff. July 22, 1997
;--Am. 1999, Act 199, Imd. Eff. Dec. 20, 1999 ;--Am. 2000, Act 375, Imd. Eff.
Jan. 2, 2001 . Popular Name: Act 368)