AED Legal Analysis for Michigan

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Summary

Good Samaritan immunity from civil liability extends to good-faith rescuers; physicians who provide medical authorization for the use of an AED; AED trainers; and any individual or entity that owns, occupies, or manages the premises where an AED is located or used, provided the act or omission does not constitute gross negligence or willful and wanton misconduct.

Health clubs must have an AED on the premises and must employ at least one individual trained in CPR/AED.

Effective March 29, 2017, all students enrolled in grades 7-12 must be trained in CPR/AED.

Related Laws

Statute Law Type Effective Date Abstract
380.1170a Training Requirements 2017-09-01 (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.
M.C.L.A. 333.26312 Mandate 2006-02-16 Requires health clubs to have AED on site and employees trained to use AED.
M.C.L.A. 691.1504 Good Samaritan 1986-03-10 An individual or entity that owns, occupies, or manages the premises where an AED is located or used is not liable in a civil action for damages resulting from an act or omission of an individual rendering emergency services using an AED, except if the person's actions constitute gross negligence or willful and wanton misconduct.

We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.