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Committee reports HB 4734 to authorize surrogate medical decision makers as a technical fix
Summary
House Bill 4734, a trailer/technical fix to HB 4418, would explicitly allow surrogate medical decision-makers to consent to treatment for incapacitated patients; the committee voted to report the bill out with recommendation 9–0 (2 pass).
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Representative Bagole introduced House Bill 4734 as a technical amendment to House Bill 4418 to ensure that surrogate medical decision makers—when appointed under the primary bill—are authorized to consent to medical treatment for patients deemed incompetent. The sponsor said the change simply restores language the earlier package inadvertently repealed and aligns Michigan law with practices in other states.
Genevieve (testifying as a constituent and representing Right to Life of Michigan) and the bill sponsor said the measure authorizes surrogate decision makers to act alongside recognized patient advocates, guardians or others acting in loco parentis, and that the change is intended to prevent unintended forced treatment gaps created by the earlier bill's enacting language. Committee members asked about vetting, the family‑hierarchy used to select surrogates (spouse, adult child, parent), and whether the added language was redundant; sponsors said existing challenge and removal processes for guardians and patient advocates remain in place.
Following brief discussion, Rep Magole moved to report HB 4734 with recommendation. The clerk called the roll and recorded 9 yeas, 0 nays and 2 pass; the motion prevailed and the bill was reported to the next stage with the committee's recommendation.
The measure was described in testimony as amending section 466h to explicitly permit surrogate medical decision makers to provide consent for incapacitated patients. Committee discussion framed HB 4734 as a technical clarification rather than a substantive policy change.
The bill will be reported out of committee with the recommendation to advance.
