Bill Summary for H 746 (2025-2026)

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Summary date: 

May 6 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 746 (Public) Filed Wednesday, April 2, 2025
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).
Intro. by Carson Smith, White, Lambeth.

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Bill summary

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:

  1. The nurse acted within their scope of practice and their actions where consistent with directions provided by a supervising healthcare provider. 
  2. 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.