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HB 5743

Torts: liability; immunity for individuals rendering emergency services who apply bleeding control; provide for. Amends 1963 PA 17 (MCL 691.1501 - 691.1507) by adding sec. 8.

2023-2024 Regular Session Introduced by Greg Alexander and 21 co-sponsors

Provides civil immunity to bystanders who voluntarily apply bleeding control in emergencies, shielding non‑duty responders from liability unless gross negligence or willful miscond

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Bill Summary · HB 5743

Summary — HB 5743 (Good Samaritan Acts of Bleeding Control)

Purpose

HB 5743 adds an explicit Good Samaritan-style civil immunity for individuals who voluntarily provide bleeding control in an emergency. The goal is to reduce legal barriers that might deter bystanders from applying life‑saving bleeding interventions (pressure, dressings, packing, tourniquets).

Key provisions

  • Amends 1963 PA 17 (the Good Samaritan Act) by adding a new section (proposed MCL 691.1508).
  • Provides that an individual who, “having no duty to do so,” and acting in “good‑faith” in response to an emergency medical situation, voluntarily applies bleeding control (defined in the bill as pressure, a dressing, packing, or a tourniquet) to another person is immune from civil liability for damages resulting from acts or omissions in applying that bleeding control.
  • Immunity does not apply where the act or omission constitutes gross negligence or willful and wanton misconduct.
  • The bill does not create a duty to act; it provides protection only for voluntary responders who have no legal duty to render care.

Who would be affected

  • Protected: Bystanders and volunteers who, without legal duty, voluntarily administer bleeding control in an emergency.
  • Not protected: Persons who have a legal duty to provide care (the statute’s language excludes those with such duties) and anyone whose conduct rises to gross negligence or willful and wanton misconduct.
  • The bill does not alter criminal liability or professional licensing rules directly — it addresses civil liability in tort.

Relationship to other legislation

  • HB 5742 would update a statutory cross‑reference (in a health‑club emergency statute) to reflect HB 5743’s addition. Both HB 5742 and HB 5743 must be enacted for the changes to take effect.

Procedural status & timeline (as provided)

  • Introduced: May 23, 2024 (Rep. David Prestin).
  • Passed House with immediate effect: December 11, 2024 (Roll Call 416: Yeas 105, Nays 4).
  • Transmitted and subsequently referred to Committee on Government Operations (12/18/2024). A later entry shows referral to a Joint Committee on Transportation (1/21/2025).
  • Committee activity: Reported with recommendation without amendment (12/04/2024).
  • Effective date: The act includes an enabling clause — it does not take effect unless HB 5742 (or a corresponding Senate bill) is also enacted.

Fiscal impact

  • Nonpartisan House Fiscal Agency analysis: no fiscal impact on state or local governments.

Support/Stakeholder positions

  • Supporters who testified or registered in favor: Michigan Trauma Coalition, Michigan Sheriffs’ Association, Michigan Health & Hospital Association, Trinity Health, Michigan Association of Fire Chiefs, Michigan Fraternal Order of Police, Michigan Association of Ambulance Services.

Practical effect

If enacted (along with HB 5742), HB 5743 would clarify and extend civil liability protection for voluntary bleeding control administered by lay responders, intended to encourage timely interventions for traumatic hemorrhage while preserving remedies for truly reckless or intentionally harmful conduct.

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

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