summary
Introduced
04/02/2025
04/02/2025
In Committee
05/06/2025
05/06/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Session
Bill Summary
AN ACT TO PROVIDE LIMITED IMMUNITY AGAINST MEDICAL MALPRACTICE FOR REGISTERED NURSES ACTING UNDER THE SUPERVISION OF A HEALTH CARE PROVIDER AS ARTICULATED IN BYRD V. MARION GENERAL HOSPITAL, 202 N.C. 337 (1932). Whereas, Byrd v. Marion General Hospital, 202 N.C. 337 (1932) established case law in North Carolina, enduring for 90 years, that prevented a registered nurse from being liable when acting under the orders of a physician; and Whereas, that case law was overturned in Connette ex rel. Gullatte v. Charlotte Mecklenburg Hospital Authority, 2022-NCSC-95; and Whereas, both the majority of the court and the dissent in that decision pointed out that the authority to prevent this liability is a function of the North Carolina General Assembly, but the General Assembly has been silent; and Whereas, this General Assembly establishes the prevention from this liability with the enactment of this general law; Now, therefore,
AI Summary
This bill provides limited medical malpractice immunity for registered nurses in North Carolina, addressing a recent court decision that overturned longstanding case law. Specifically, the bill defines a nurse as any individual licensed under certain state professional licensing articles and protects nurses from liability in malpractice actions when they act within their professional scope and follow a supervising health care provider's directions. The bill also explicitly protects nurses who raise good-faith concerns about patient safety related to another provider's orders, ensuring they cannot be sued for such actions. However, the limited immunity does not apply if a nurse acts with gross negligence, recklessness, or intentional misconduct. The provisions will take effect on October 1, 2025, and will apply to any acts or omissions occurring on or after that date, effectively restoring the legal principle established in the 1932 Byrd v. Marion General Hospital case that previously shielded nurses from liability when following physician orders.
Committee Categories
Government Affairs, Health and Social Services, Justice
Sponsors (6)
Donny Lambeth (R)*,
Carson Smith (R)*,
Donna White (R)*,
Donnie Loftis (R),
Howard Penny (R),
Bill Ward (R),
Last Action
Re-ref Com On Rules, Calendar, and Operations of the House (on 05/06/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ncleg.gov/BillLookUp/2025/H746 |
| Analysis - Summary H746-SMBC-69(e3)-v-2 | https://dashboard.ncleg.gov/api/Services/BillSummary/2025/H746-SMBC-69(e3)-v-2 |
| Analysis - Summary H746-SMBC-64(CSBC-35)-v-3 | https://dashboard.ncleg.gov/api/Services/BillSummary/2025/H746-SMBC-64(CSBC-35)-v-3 |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H746v3.pdf |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H746v2.pdf |
| Analysis - Summary H746-SMBP-24(e1)-v-2 | https://dashboard.ncleg.gov/api/Services/BillSummary/2025/H746-SMBP-24(e1)-v-2 |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H746v1.pdf |
| BillText | https://www.ncleg.gov/Sessions/2025/Bills/House/PDF/H746v0.pdf |
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