GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 2195
AN ACT to provide liability protection for health care workers when responding to in‑State incidents outside their hospital or normal jurisdiction as members of a State Medical Assistance Team.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 166A‑14 reads as rewritten:
"§ 166A‑14. Immunity and exemption.
(a) All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence or bad faith, any emergency management worker complying with or reasonably attempting to comply with this Article or any order, rule or regulation promulgated pursuant to the provisions of this Article or pursuant to any ordinance relating to any emergency management measures enacted by any political subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property as a result of any such activity.
(b) The rights of any person
to receive benefits to which
he the person would otherwise be
entitled under this Article or under the Workers' Compensation Law or under any
pension law, norand the right of any such person to receive any
benefits or compensation under any act of Congress shall not be affected by
performance of emergency management functions.
(c) Any requirement for a
license to practice any professional, mechanical or other skill shall not apply
to any authorized emergency management worker who shall, in the course of
his the worker's duties as such, practice such
professional, mechanical or other skill during a state of disaster.
(d) As used in this section,
the term "emergency management worker" shall include any full or part‑time
paid, volunteer or auxiliary employee of this State or other states,
territories, possessions or the District of Columbia, of the federal government
or any neighboring country or of any political subdivision thereof or of any
agency or organization performing emergency management services at any place in
this State, subject to the order or control of or pursuant to a request of the
State government or any political subdivision thereof. The term "emergency
management worker" under this section shall also include
health care worker performing health care services as a member of a hospital‑based
or county‑based State Medical Assistance Team designated by the North
Carolina Office of Emergency Medical Services and any person performing
emergency health care services under G.S. 90‑12.2.
(e) Any emergency management
worker, as defined in this section, performing emergency management services at
any place in this State pursuant to agreements, compacts or arrangements for
mutual aid and assistance to which the State or a political subdivision thereof
is a party, shall possess the same powers, duties, immunities and privileges
the person would ordinarily possess if performing his duties
in the State, or political subdivision thereof in which normally employed or
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 30th day of June, 2006.
Charlie S. Dannelly
Deputy President Pro Tempore of the Senate
James B. Black
Speaker of the House of Representatives
Michael F. Easley
Approved __________.m. this ______________ day of ___________________, 2006