GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 1057

SENATE BILL 372

 

AN ACT TO LIMIT THE LIABILITY OF OFFICIALS OF PUBLIC HOSPITALS AND HOSPITAL AUTHORITIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 2 of Chapter 131E of the General Statutes is amended by adding a Part D entitled "Limited Liability" to read:

"§ 131E-48. Limited liability.-(a) A person serving as a director, trustee, or officer of a public hospital as defined in G.S. 159-39, or as a commissioner, member, or officer of a hospital authority established under Part A or B of this Article shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:

(1)       Is compensated for his services beyond reimbursement for expenses,

(2)       Was not acting within the scope of his official duties,

(3)       Was not acting in good faith,

(4)       Committed gross negligence or willful or wanton misconduct that resulted in the damage or injury,

(5)       Derived an improper personal financial benefit from the transaction,

(6)       Incurred the liability from the operation of a motor vehicle, or

(7)       Is defendant in an action brought under G.S. 55A-28.1 or 55A-28.2.

(b)       The immunity in subsection (a) is personal to the directors, trustees, officers, commissioners, and members, and does not immunize the hospital or hospital authority for liability for the acts or omissions of the directors, trustees, or officers."

Sec. 2.  This act is effective upon ratification, and shall apply only to causes of action arising on or after that date.

In the General Assembly read three times and ratified this the 7th day of July, 1988.