Bill
HB 4734
HB 4734 updates medical consent for incapacitated patients: removes 'nearest relative' and adds EPIC guardians, patient advocates, or surrogates; contingent on HB 4418.
Sponsor: Rep. Brian BeGole
Introduced: July 15, 2025 (filed March 13, 2025)
House action: Passed House Sept. 18, 2025 — vote 98 yeas, 0 nays, 12 not voting; given immediate effect and transmitted.
Status: Referred to Committee on Civil Rights, Judiciary, and Public Safety (9/22/2025)
Companion: SB 497. Related dependency: Bill’s effectiveness is conditioned on enactment of HB 4418 (or an equivalent Senate bill), which amends the Estates and Protected Individuals Code (EPIC).
Purpose
- To update who may give written consent for surgical or medical treatment on behalf of an individual who is not of sound mind or otherwise unable to make medical decisions, by amending section 66h of the Social Welfare Act (MCL 400.66h).
Key provisions
- Removes the incapacitated individual's “nearest relative” from the statutory list of persons authorized to provide written consent for medical or surgical treatment.
- Clarifies that an “appointed guardian” means a guardian appointed under Article V of the Estates and Protected Individuals Code (EPIC).
- Adds two new categories of persons authorized to consent under the Social Welfare Act:
- A patient advocate designated under EPIC sections 700.5506 to 700.5520 (advance directive/patient advocate provisions).
- A surrogate designated under EPIC section 700.5602 (as defined in HB 4418).
- Retains authorization for a person standing in loco parentis to consent and preserves a temporary-first-aid exception when consent cannot immediately be obtained.
- The bill will not take effect unless HB 4418 (or equivalent) is enacted, because the surrogate definition and related provisions depend on EPIC changes in that bill.
Who is affected / likely impact
- Hospitals, physicians, and other health care providers who rely on statutory consent rules when treating incapacitated patients.
- County/state social welfare departments and medical personnel involved in care and consent processes.
- Families and “nearest relatives”: removing that status may shift decision-making authority to legally appointed guardians, patient advocates chosen via EPIC procedures, or EPIC-designated surrogates rather than to the closest family member by default.
- Parties involved in advance care planning, guardianship proceedings, and surrogate-designation under EPIC; legal recognition of EPIC roles will govern consent.
Fiscal note
- House Fiscal Agency: No fiscal impact to state or local government.
Procedural/timeline notes
- Passed the Michigan House with immediate effect (9/18/2025). Implementation is contingent on concurrent enactment of HB 4418 or an equivalent Senate bill that establishes the EPIC surrogate provisions (sec. 700.5602).
Compiled from official sources — confirm details with the bill’s official record.
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