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HB 5833

AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- BARBERS, HAIRDRESSERS, COSMETICIANS, MANICURISTS AND ESTHETICIANS

2025 Regular Session Introduced by Karen Alzate and 2 co-sponsors

HB 5833 creates a formal surrogate decisionmaker role for health care when a patient cannot participate and no advocate/guardian is available, with defined priority, duties, and li

06/13/2025 Signed by Governor
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Bill Summary · HB 5833

Summary — HB 5833 (Estates and Protected Individuals Code: Surrogate Decisionmakers for Health Care)

Status: Passed House (with immediate effect), Dec. 13, 2024. Introduced June 25, 2024; referred to committees (Families, Children and Seniors; Government Operations; later to Joint Comm. on Appropriations).

Purpose

HB 5833 adds Part 6 (Surrogate Decisionmakers for Health Care) to Article V of the Estates and Protected Individuals Code (EPIC). It authorizes and governs the role of a “surrogate” — an individual (other than a patient advocate or guardian) who may make health care decisions for an adult or emancipated minor when the patient cannot participate and no patient advocate/guardian is reasonably available.

The bill also repeals MCL 400.66h (sec. 66h of 1939 PA 280).

Key definitions

  • “Health care”: any service, treatment, procedure affecting physical or mental health.
  • “Health care decision”: selection/discharge of providers or facilities, approval of diagnostic tests, and directions to provide or withhold forms of care, subject to specified limits.
  • “Reasonably available”: able to be contacted without undue effort and willing/able to act in a timely way (in-person, phone, videoconference, etc.).
  • “Surrogate”: an individual (not a patient advocate or guardian) authorized under EPIC to make health care decisions.

Designation and priority for acting as surrogate

  • A competent adult or emancipated minor may designate a surrogate by personally informing the attending health professional; the designation must be promptly recorded in the medical record.
  • If no designation, patient advocate, out-of-state equivalent, or if designee not reasonably available, the following priority applies:
    1. Agent under a valid out-of-state patient advocate/health care power of attorney (advance directive, living will).
    2. Spouse (unless divorce/annulment pending or spouse absent ≥1 year).
    3. Adult child.
    4. Parent.
    5. Adult sibling.
  • If none are available, an adult who has shown special care/concern and knows the patient’s values may act.
  • If multiple reasonably available members of the same class exist, they must select one surrogate by majority vote; health providers are not required to locate every member.

Surrogate authority and limits

  • A surrogate may act only if:
    • the patient cannot participate under the same standard used for patient advocates (EPIC §5508), and
    • no patient advocate (or out‑of‑state equivalent) or guardian exists or they are not reasonably available.
  • Authority is suspended if the patient regains decision-making ability.
  • Surrogates have the same rights, responsibilities, and limitations as patient advocates, but:
    • They may NOT make medical decisions to withhold or withdraw treatment that would result in the patient’s death (i.e., cannot authorize life‑ending withholding/withdrawal).
    • They must not receive compensation (may be reimbursed for actual, necessary expenses).
    • Must act as a fiduciary in the patient’s best interests; known prior patient wishes are presumed to reflect best interests.

Duties, documentation, and notice requirements

  • Surrogate must sign an acceptance of authority; that statement must be placed in the patient’s medical record and include specified acknowledgments (limits on authority, no compensation, fiduciary duty, revocation right, etc.).
  • Surrogate must promptly communicate assumption of authority to readily contactable family members identified in the priority list.
  • If surrogate acts more than 7 days, they must provide written notice to all readily contactable persons in the patient’s member class including name, contact info, start date, and patient location.

Disqualification and dispute resolution

  • Ineligible: persons subject to protective orders directing avoidance of the patient, or with pending criminal actions for vulnerable adult abuse/exploitation or domestic violence involving the patient.
  • A patient may disqualify someone at any time (signed record or verbal/nonverbal communication), effective even if the patient lacks capacity.
  • A court may disqualify or remove a potential surrogate upon finding by a preponderance that the person poses a danger.
  • If selection disputes arise, interested persons may petition the court for appointment or resolution (court authority provided).

Who is affected / potential impact

  • Patients (adults and emancipated minors) without an available patient advocate or guardian: creates a statutory mechanism to have family members or close adults make timely health decisions.
  • Health care providers/facilities: required to record designations, accept surrogate documentation, rely on priority/order rules, and follow notice/recording duties; not required to exhaustively seek all family members.
  • Family members and close friends: establishes a clear priority list and duties, plus limits and liabilities (fiduciary standards).
  • Courts: gain authority to resolve disputes and disqualify dangerous potential surrogates.

Procedural/timeline notes

  • Passed the Michigan House on Dec. 13, 2024 (immediate effect assigned by House action). Subsequent committee referrals include Government Operations and a referral to Appropriations (Jan. 22, 2025). Further action in the Senate and final enactment status should be checked for updates.

For authoritative text and cross-references, see the bill language adding Part 6 to EPIC (Article V) and references to EPIC §§5508–5509 and Public Health Code Part 56A.

Compiled from official sources — confirm details with the bill’s official record.

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