North Carolina 2025-2026 Regular Session

North Carolina House Bill H746 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 746
	3	+	H D
	4	+	HOUSE BILL DRH40425-NB-53
	5	+
5	6
6	7
7	8		Short Title: Limited Immunity/Nurses. (Public)
8		-	Sponsors: Representatives Carson Smith, White, and Lambeth (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of
11		-	the House
12		-	April 3, 2025
13		-	H746 -v-1
	9	+	Sponsors: Representative Carson Smith.
	10	+	Referred to:
	11	+
	12	+	DRH40425 -NB-53
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO PROVIDE LIMITED IMMUNITY AGAINST MEDICAL MALPRACTICE FOR 2
16	15		REGISTERED NURSES ACTING UNDER THE SUPERVISION OF A HEALTH CARE 3
17	16		PROVIDER AS ARTICULATED IN BYRD V. MARION GENERAL HOSPITAL , 202 4
18	17		N.C. 337 (1932). 5
19	18		Whereas, Byrd v. Marion General Hospital, 202 N.C. 337 (1932) established case law 6
20	19		in North Carolina, enduring for 90 years, that prevented a registered nurse from being liable when 7
21	20		acting under the orders of a physician; and 8
22	21		Whereas, that case law was overturned in Connette ex rel. Gullatte v. Charlotte 9
23	22		Mecklenburg Hospital Authority, 2022-NCSC-95; and 10
24	23		Whereas, both the majority of the court and the dissent in that decision pointed out 11
25	24		that the authority to prevent this liability is a function of the North Carolina General Assembly, 12
26	25		but the General Assembly has been silent; and 13
27	26		Whereas, this General Assembly establishes the prevention from this liability with 14
28	27		the enactment of this general law; Now, therefore, 15
29	28		The General Assembly of North Carolina enacts: 16
30	29		SECTION 1. Article 1B of Chapter 90 of the General Statutes is amended by adding 17
31	30		a new section to read: 18
32	31		"§ 90-21.15B. Registered nurses; limited immunity. 19
33	32		(a) If a nurse acts at the direction of a supervising health care provider during the course 20
34	33		of health care treatment, then the following standards apply: 21
35	34		(1) The nurse does not owe a separate duty of care to the patient, independent of 22
36	35		the duty of care owed by the health care provider. 23
37	36		(2) The nurse is not engaged in a collaborative process with joint responsibility 24
38	37		as part of a health care team. 25
39	38		(3) The primary duty of a nurse is to diligently execute the orders of a physician. 26
40	39		(4) The collaboration of a registered nurse with other supervising health care 27
41	40		providers under G.S. 90-18.2 does not create an independent separate duty of 28
42	41		care to the patient, unless the registered nurse acts independently of or departs 29
43	42		from the supervision of a health care provider as required by 30
44	43		G.S. 90-171.20(7) and G.S. 90-18(c)(14). 31
45	44		(b) No recovery under a medical malpractice action shall be allowed against a nurse upon 32
46	45		the sole grounds that the nurse owed a separate duty of care to the patient if the nurse was acting 33
47		-	upon the direction of a health care provider. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 746-First Edition
49		-	(c) Nothing in this section shall be construed to exempt nurses from any of the following: 1
50		-	(1) The duty to exhibit professional conduct which is not in accordance with the 2
51		-	standards of practice in accordance with G.S. 90-21.12. 3
52		-	(2) Acts or omissions that are so obviously negligent as to lead any reasonable 4
53		-	person to anticipate that substantial injury would result to the patient by the 5
54		-	execution of that act or omission. 6
55		-	(3) Acts or omissions constituting gross negligence, wanton conduct, or 7
56		-	intentional wrongdoing. 8
57		-	(d) This section shall not apply to nurses acting outside of the supervision of a health care 9
58		-	provider." 10
59		-	SECTION 2. This act is effective when it becomes law and applies to acts or 11
60		-	omissions occurring on or after that date. 12
	46	+	upon the direction of a health care provider. 34
	47	+	(c) Nothing in this section shall be construed to exempt nurses from any of the following: 35
	48	+	H.B. 746
	49	+	Apr 2, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH40425-NB-53
	52	+	(1) The duty to exhibit professional conduct which is not in accordance with the 1
	53	+	standards of practice in accordance with G.S. 90-21.12. 2
	54	+	(2) Acts or omissions that are so obviously negligent as to lead any reasonable 3
	55	+	person to anticipate that substantial injury would result to the patient by the 4
	56	+	execution of that act or omission. 5
	57	+	(3) Acts or omissions constituting gross negligence, wanton conduct, or 6
	58	+	intentional wrongdoing. 7
	59	+	(d) This section shall not apply to nurses acting outside of the supervision of a health care 8
	60	+	provider." 9
	61	+	SECTION 2. This act is effective when it becomes law and applies to acts or 10
	62	+	omissions occurring on or after that date. 11