SB-0050,As Passed Senate,May 20, 2003                                       

SUBSTITUTE FOR

SENATE BILL NO. 50

                                                                             A bill to regulate certain health clubs with respect to                           

potential medical emergencies; and to provide for civil                     

sanctions.                                                                  

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 1.  As used in this act:                                               

2       (a) "Department" means the department of community health.                  

3       (b) "Person" means an individual, partnership, corporation,                 

4   association, governmental entity, or other legal entity.                    

5       (c) "Health club" means an establishment that provides, as                  

6   its primary purpose, services or facilities that are purported to           

7   assist patrons in physical exercise, in weight control, or in               

8   figure development, including, but not limited to, a fitness                

9   center, studio, salon, or club.  A health club does not include a           

10  hotel or motel that provides physical fitness equipment or                  

11  activities, an organization solely offering training or                     

1   facilities for an individual sport, or a weight reduction                   

2   center.                                                                     

3       Sec. 2.  Beginning 1 year after the effective date of this                  

4   act, the owner or operator of a health club shall do all of the             

5   following:                                                                  

6       (a) At all times during which the health club is open and its               

7   facilities and services are available for use, have at least 1              

8   employee present on the premises of the health club who has                 

9   satisfactorily completed a course or courses in basic first aid             

10  and basic cardiopulmonary resuscitation taught by the American              

11  red cross, the American heart association, or an equivalent                 

12  organization approved by the department.                                    

13      (b) At all times during which the health club is open and its               

14  facilities and services are available for use, have available on            

15  the premises of the health club an automated external                       

16  defibrillator.                                                              

17      (c) Develop and implement an emergency plan to address                      

18  emergency services, when needed, during operational hours at the            

19  health club.                                                                

20      Sec. 3.  A person who violates this act is responsible for a                

21  state civil infraction and shall be ordered to pay a civil fine             

22  as follows:                                                                 

23      (a) Not more than $250.00 for a first offense.                              

24      (b) Not more than $500.00 for a second offense.                             

25      (c) Not more than $1,000.00 for a third or subsequent                       

26  offense.