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Committee advances technical fix to authorize surrogate medical decision makers to consent to treatment
Summary
The committee reported House Bill 4734 with recommendation after testimony that the trailer bill would allow surrogate medical decision makers created in earlier legislation to provide consent for incapacitated patients; lawmakers described the bill as a technical fix and voted 9-0 with two members passing.
The Michigan House Judiciary Committee reported House Bill 4734 with recommendation after hearing testimony that the trailer bill restores authorization for surrogate medical decision makers to consent to medical treatment for incapacitated patients.
Sponsor testimony described HB 4734 as a technical, corrective measure tied to prior legislation. A witness from Right to Life of Michigan, Genevieve Marnin, told the committee the bill "would allow the surrogate medical decision makers created under Rep. Thompson's House Bill 4418 to consent to medical treatment on behalf of the patient who cannot make decisions for themselves." Marnin said the measure would align Michigan with other states and ensure consent remains a standard of medical ethics.
Committee members asked about safeguards. Rep. Wozniak asked whether there is vetting for a person "standing in loco parentis" or a patient advocate; witnesses explained existing law provides court challenges and removal procedures for problematic guardians or advocates. Marnin said the surrogate decision-maker language establishes a family-hierarchy approach — spouse, adult child, adult parent — and that HB 4734 "simply says in section 466h, surrogate medical decision makers are allowed to consent to medical treatment."
Rep. Bagole moved to report House Bill 4734 with recommendation. The committee roll call showed nine "yes" votes, zero "nays" and two passes; the motion prevailed.
Lawmakers described HB 4734 as a clarification and asked staff to coordinate language with the related substitute package. Committee members indicated they view the measure as corrective rather than substantive policy change; several said they were open to minor drafting work to ensure the surrogate hierarchy and existing patient-advocate protections align across statutes.
