GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 85
AN ACT TO CLARIFY THAT UNPAID VOLUNTEER MEDICAL DIRECTORS FOR EMERGENCY MEDICAL SERVICES (EMS) AGENCIES ARE COVERED BY THE GOOD SAMARITAN STATUTE.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-21.14 reads as rewritten:
"§ 90-21.14. First aid or emergency treatment; liability limitation.
(a) Any person, including a volunteer medical or health care provider at a facility of a local health department as defined in G.S. 130A-2 or at a nonprofit community health center or a volunteer member of a rescue squad, who receives no compensation for his services as an emergency medical care provider, who renders first aid or emergency health care treatment to a person who is unconscious, ill or injured,
(1) When the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and
(2) When the necessity of immediate health care treatment is so reasonably apparent that any delay in the rendering of the treatment would seriously worsen the physical condition or endanger the life of the person,
shall not be liable for damages for injuries alleged to have been sustained by the person or for damages for the death of the person alleged to have occurred by reason of an act or omission in the rendering of the treatment unless it is established that the injuries were or the death was caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the person rendering the treatment.
(a1)
(1) Any volunteer medical or health care
provider at a facility of a local health department or at a nonprofit community
health center; or 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, employment; or
(3) Any volunteer medical or health care provider serving as medical director of an emergency medical services (EMS) agency,
who receives no compensation for
medical services or other related services rendered at the facility
or center facility, center, or agency or, who neither charges
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 local health department facility or
facility, nonprofit community health center center, or
agency shall use due care in the selection of volunteer medical or health
care providers, and this subsection shall not excuse the health department facility
or facility, community health center 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 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.
(c) In the event of any conflict between the provisions of this section and those of G.S. 20-166(d), the provisions of G.S. 20-166(d) shall control and continue in full force and effect."
Sec. 2. This act is effective upon ratification and applies to services rendered on or after that date.
In the General Assembly read three times and ratified this the 17th day of May, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives