HOUSE BILL No. 4507

 

 

April 25, 2019, Introduced by Rep. Brixie and referred to the Committee on Judiciary.

 

     A bill to impose a duty on individuals to assist other

 

individuals who are exposed to physical harm; to limit civil

 

liability of individuals who provide assistance; and to impose

 

penalties for failing to act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "duty

 

to act law".

 

     Sec. 2. As used in this act:

 

     (a) "Gross negligence" means conduct so reckless as to

 

demonstrate a substantial lack of concern for whether an injury

 

results.

 

     (b) "Health professional" means an individual who is licensed,

 

registered, or otherwise authorized to engage in a health

 

profession under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838.

 

     Sec. 3. (1) An individual who knows that another individual is

 

exposed to grave physical harm shall give reasonable assistance to

 

the exposed individual to the extent that the assistance can be

 

rendered without danger or peril to himself or herself and without

 

interference with important duties owed to others, and unless the

 

assistance is being provided by others.

 

     (2) An individual who provides assistance under subsection (1)

 

is not liable in civil damages unless his or her acts constitute

 

gross negligence or unless he or she will receive or expects to

 

receive remuneration.

 

     (3) A violation of this section is a misdemeanor punishable by

 

imprisonment for not more than 90 days or a fine of not more than

 

$500.00, or both.

 

     Sec. 4. (1) This act does not alter existing law concerning

 

tort liability of a health professional for acts committed in the

 

ordinary course of the health professional's practice.

 

     (2) This act does not limit any other liability that may be

 

afforded under law to an individual who has a duty to act under

 

this act.