GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-230
AN ACT TO APPLY THE LIABILITY LIMITATIONS OF THE GOOD SAMARITAN LAW TO CERTAIN MEDICAL CARE PROVIDERS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 90-21.14(a1) is recodified as G.S. 90-21.16.
SECTION 1.(b) G.S. 90-21.16, as enacted in Section 1(a) of this act, reads as rewritten:
"§ 90-21.16. Volunteer health care professionals; liability limitation.
(a) This section applies as follows:
(1) Any volunteer medical or health care provider at a facility of a local health department or at a nonprofit community health center,
(2) Any volunteer medical or health care provider rendering services to a patient referred by a local health department as defined in G.S. 130A-2(5) or nonprofit community health center at the provider's place of employment,
(3) Any volunteer medical
or health care provider serving as medical director of an emergency medical
services (EMS) agency, or
(4) Any retired physician holding a 'Limited Volunteer License' under G.S. 90-12(d), or
(5) Any volunteer medical or health care provider licensed or certified in this State who provides services within the scope of the provider's license or certification at a free clinic facility,
who receives no compensation for medical services or other related services rendered at the facility, center, agency, or clinic, or who neither charges nor receives a fee for medical services rendered to the patient referred by a local health department or nonprofit community health center at the provider's place of employment shall not be liable for damages for injuries or death alleged to have occurred by reason of an act or omission in the rendering of the services unless it is established that the injuries or death were caused by gross negligence, wanton conduct, or intentional wrongdoing on the part of the person rendering the services. The free clinic, local health department facility, nonprofit community health center, or agency shall use due care in the selection of volunteer medical or health care providers, and this subsection shall not excuse the free clinic, health department facility, community health center, or agency for the failure of the volunteer medical or health care provider to use ordinary care in the provision of medical services to its patients.
(b) Nothing in this section shall be deemed or construed to relieve any person from liability for damages for injury or death caused by an act or omission on the part of such person while rendering health care services in the normal and ordinary course of his or her business or profession. Services provided by a medical or health care provider who receives no compensation for his or her services and who voluntarily renders such services at facilities of free clinics, local health departments as defined in G.S. 130A-2, nonprofit community health centers, or as a volunteer medical director of an emergency medical services (EMS) agency, are deemed not to be in the normal and ordinary course of the volunteer medical or health care provider's business or profession.
(c) As used in this section, a 'free clinic' is a nonprofit, 501(c)(3) tax-exempt organization organized for the purpose of providing health care services without charge or for a minimum fee to cover administrative costs and that maintains liability insurance covering the acts and omissions of the free clinic and any liability pursuant to subsection (a) of this section."
SECTION 2. G.S. 90-21.14(b) reads as rewritten:
"(b)
Nothing in this section shall be deemed or construed to relieve any person from
liability for damages for injury or death caused by an act or omission on the
part of such person while rendering health care services in the normal and
ordinary course of his business or profession. Services provided by a volunteer
health care provider who receives no compensation for his services and who
renders first aid or emergency treatment to members of athletic teams are
deemed not to be in the normal and ordinary course of the volunteer health care
provider's business or profession. Services provided by a medical or health
care provider who receives no compensation for his services and who voluntarily
renders such services at facilities of local health departments as defined in
G.S. 130A-2 or at a nonprofit community health center, or as a volunteer
medical director of an emergency medical services (EMS) agency, are deemed not
to be in the normal and ordinary course of the volunteer medical or health care
provider's business or profession."
SECTION 3. This act becomes effective October 1, 2001, and applies to acts or omissions occurring on and after that date.
In the General Assembly read three times and ratified this the 11th day of June, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:22 p.m. this 21st day of June, 2001