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).

2023-2024 Regular Session Introduced by Greg Alexander and 21 co-sponsors

HB 5742 updates health-club emergency cross-reference to the Good Samaritan Act, adding 691.1508 immunity for bleeding control only if HB 5743 passes; clubs keep AED duty language.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

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Purpose / Intent

HB 5742 is a narrowly focused, technical amendment to Michigan’s health‑club emergency statute (2006 PA 23). Its purpose is to update the statutory cross‑reference to the state Good Samaritan Act so that health‑club law continues to incorporate newly proposed Good Samaritan protections for people who render bleeding control in emergencies.

HB 5742 is contingent on enactment of a companion bill, HB 5743, which would add a new bleeding‑control immunity provision to the Good Samaritan Act.

Key provisions

Amends section 3 of 2006 PA 23 (MCL 333.26313).

Retains the existing language that a person — including a health club owner, operator, or employee — does not have a duty to render emergency service using an automated external defibrillator (AED) located on the premises.
Modifies subsection (2) to change the cited range of sections of the Good Samaritan Act from MCL 691.1501–691.1507 to MCL 691.1501–691.1508, thereby incorporating a new proposed section added by HB 5743.

Contains an enacting clause: this amendatory act does not take effect unless HB 5743 (which creates the new Good Samaritan section on bleeding control) is also enacted.

Relationship to HB 5743

HB 5743 (companion bill) would add MCL 691.1508 to the Good Samaritan Act, providing civil‑liability immunity for individuals who voluntarily apply bleeding control (pressure, dressing, packing, or tourniquet) in good‑faith emergency responses, except for gross negligence or willful/wanton misconduct.

HB 5742 itself does not create new immunity — it updates the cross‑reference so the health‑club statute continues to reference the full Good Samaritan Act including the new bleeding‑control section once enacted.

Who is affected

Practically: health clubs, owners, operators, and employees (by preserving the existing AED duty language).

Legally: persons who provide bleeding control in emergencies would receive immunity under the Good Samaritan Act only if HB 5743 is enacted; HB 5742 ensures that the health‑club statute reflects that change.

No direct fiscal impact on state or local governments.

Procedural / timeline notes

Introduced May 23, 2024 by Rep. Carrie A. Rheingans.

Passed the Michigan House on December 11, 2024 (roll call: Yeas 99, Nays 10) with immediate effect noted in the House documents.

Subsequent referrals listed to the Committee on Government Operations (and earlier to Judiciary); latest status indicated as REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS (reported as of January 21, 2025 in the provided metadata).

Effectiveness is conditioned: HB 5742 will not take effect unless HB 5743 (the companion Good Samaritan amendment) is also enacted.

Fiscal impact and support

Fiscal: House Fiscal Agency estimates no fiscal impact to state or local governments.

Support: Michigan Trauma Coalition and several public‑safety and health organizations testified or indicated support (Michigan Sheriffs’ Association; Michigan Health & Hospital Association; Trinity Health; Michigan Association of Fire Chiefs; Michigan Fraternal Order of Police; Michigan Association of Ambulance Services).

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