North Carolina Good Samaritan Act
 
 
SENATE BILL 160 Judiciary I Committee Substitute Adopted 4/24/01
 
 
 
AN ACT TO APPLY THE LIABILITY LIMITATIONS OF THE GOOD SAMARITAN LAW TO CERTAIN MEDICAL CARE PROVIDERS
 
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 90-21.14(a1) is recodified as G.S. 90-21.16.
SECTION 1.(b) G.S. 90-21.16, as enacted in
Section 1(a) of this act, reads as rewritten:
"§ 90-21.16. Volunteer health care professionals;liability limitation.
 
(a) This section applies as follows:
 
(1) Any volunteer medical or health care provider at a
facility of a local health department or at a
nonprofit community health center,
 
(2) Any volunteer medical or health care provider
rendering services to a patient referred by a local
health department as defined in G.S. 130A-2(5) or
nonprofit community health center at the provider's
place of employment,
 
(3) Any volunteer medical or health care provider
serving as medical director of an emergency medical
services (EMS) agency, or
 
(4) Any retired physician holding a 'Limited
Volunteer License' under G.S. 90-12(d), or
 
(5) Any volunteer medical or health care
provider licensed or certified in this State who
provides services within the scope of the
provider's license or certification at a free
clinic facility,who receives no compensation for 
medical services or other related services rendered at the
facility, center, agency, or clinic, or who neither charge
nor receives a fee for medical services rendered to the 
patient referred by a local health department or nonprofit
community health center at the provider's place of employment
shall not be liable for damages
for injuries or death alleged to have occurred by reason of an
act or omission in the rendering of the services unless it is
established that the injuries or death were caused by gross
negligence, wanton conduct, or intentional wrongdoing on the
part of the person rendering the services. The free clinic,
local health department facility, nonprofit community health
center, or agency shall use due care in the selection of
volunteer medical or health care providers, and this subsection
shall not excuse the free clinic, health department
facility, community health center, or agency for the failure of
the volunteer medical or health care provider to use ordinary
care in the provision of medical services to its patients.
 
 (b)Nothing in this section shall be deemed or construed
to relieve any person from liability for damages for injury or
death caused by an act or omission on the part of such person
while rendering health care services in the normal and ordinary
course of his or her business or profession. Services
provided by a medical or health care provider who receives no
compensation for his or her services and who voluntarily
renders such services at facilities of free clinics,
local health departments as defined in G.S. 130A-2,
nonprofit community health centers, or as a volunteer
medical director of an emergency medical services (EMS) agency,
are deemed not to be in the normal and ordinary course of the
volunteer medical or health care provider's business or
profession.
 
 (c) As used in this section, a 'free
clinic' is a nonprofit, 501(c)(3) tax-exempt organization
organized for the purpose of providing health care services
without charge or for a minimum fee to cover administrative
costs and that maintains liability insurance covering the acts
and omissions of the free clinic and any liability pursuant to
subsection (a) of this section. 
 
 (d) To the extent that a volunteer medical or
health care provider has liability insurance covering its acts
and omissions while providing health care services at a free
clinic, local health department, or nonprofit community health
center, that volunteer medical or health care provider is deemed
to have waived the qualified immunity provided under this
section to the extent of indemnification by insurance for
negligence by the volunteer medical or health care
provider."
 
SECTION 2. G.S. 90-21.14(b) reads as rewritten:
 "(b)Nothing in this section shall be deemed or construed to
relieve any person from liability for damages for injury or
death caused by an act or omission on the part of such person
while rendering health care services in the normal and ordinary
course of his business or profession. Services provided by a
volunteer health care provider who receives no compensation for
his services and who renders first aid or emergency treatment to
members of athletic teams are deemed not to be in the normal and
ordinary course of the volunteer health care provider's business
or profession. Services provided by a medical or health
care provider who receives no compensation for his services and
who voluntarily renders such services at facilities of local
health departments as defined in G.S. 130A-2 or at a nonprofit
community health center, or as a volunteer medical director of
an emergency medical services (EMS) agency, are deemed not to be
in the normal and ordinary course of the volunteer medical or
health care provider's business or profession." 
 
 SECTION 3. This act becomes effective October 1,
2001, and applies to acts or omissions occurring on and after
that date.