House committee substitute to the 2nd edition removes the content of the previous edition and now provides as follows. Now enacts GS 90-21.14A providing limited immunity for registered nurses, as follows. Specifies that a nurse (defined as any individual licensed under Article 9A (Nursing Practice Act), Article 9G (Nurse Licensure Compact), or Article 10A (Practice of Midwifery) of GS Chapter 90) is not liable for damages in a malpractice action when:
- The nurse acted within their scope of practice and their actions where consistent with directions provided by a supervising healthcare provider.
- The nurse, acting in good faith, raises a concern regarding another healthcare provider's order that may be inconsistent with patient safety. Specifies that in these instances, the nurse holds an independent duty of care to the patient.
Exempts instances where the nurse acts with gross negligence, recklessness or intentional misconduct.
Applies to acts or omissions occurring on or after October 1, 2025.
Bill Summaries: H746 (2025-2026 Session)
Tracking:
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Bill H 746 (2025-2026)Summary date: May 6 2025 - View summary
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Bill H 746 (2025-2026)Summary date: Apr 29 2025 - View summary
House committee substitute to the 1st edition makes the following changes.
Changes the language in proposed GS 90-21.15B(c)(1) to specify the statute does not exempt nurses from acts or omissions which are not in accordance with the practice standards in GS 90-21.12 are not exempt from the statute, replacing the previous reference to “duty to exhibit professional conduct” in that subsection.
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Bill H 746 (2025-2026)Summary date: Apr 7 2025 - View summary
Includes whereas clauses.
Enacts new GS 90-21.15B making the following applicable when a nurse acts at the discretion of a supervising health care provider during the course of health care treatment: (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; and (4) the collaboration of a registered nurse with other supervising health care providers 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. Prohibits recovery from a nurse in a medical malpractice action on the sole grounds that the nurse owed a separate duty of care if the nurse was acting under the direction of a health care provider. Exempts nurses acting outside of the supervision of a health care provider.