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,

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1B of Chapter 90 of the General Statutes is amended by adding a new section to read:

§ 90‑21.15B.  Registered nurses; limited immunity.

(a)        If a nurse acts at the direction of a supervising health care provider during the course of health care treatment, then the following standards apply:

(1)        The nurse does not owe a separate duty of care to the patient, independent of the duty of care owed by the health care provider.

(2)        The nurse is not engaged in a collaborative process with joint responsibility as part of a health care team.

(3)        The primary duty of a nurse is to diligently execute the orders of a physician.

(4)        The collaboration of a registered nurse with other supervising health care providers under G.S. 90‑18.2 does not create an independent separate duty of care to the patient, unless the registered nurse acts independently of or departs from the supervision of a health care provider as required by G.S. 90‑171.20(7) and G.S. 90‑18(c)(14).

(b)        No recovery under a medical malpractice action shall be allowed against a nurse upon the sole grounds that the nurse owed a separate duty of care to the patient if the nurse was acting upon the direction of a health care provider.

(c)        Nothing in this section shall be construed to exempt nurses from any of the following:

(1)        The duty to exhibit professional conduct which is not in accordance with the standards of practice in accordance with G.S. 90‑21.12.

(2)        Acts or omissions that are so obviously negligent as to lead any reasonable person to anticipate that substantial injury would result to the patient by the execution of that act or omission.

(3)        Acts or omissions constituting gross negligence, wanton conduct, or intentional wrongdoing.

(d)       This section shall not apply to nurses acting outside of the supervision of a health care provider.

SECTION 2.  This act is effective when it becomes law and applies to acts or omissions occurring on or after that date.