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.