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North Carolina grants registered nurses limited immunity from medical malpractice when following provider orders

Original title: Limited Immunity/Nurses.

Last action · May 6, 2025: Re-ref Com On Rules, Calendar, and Operations of the House (House action)Sponsors: Carson Smith and 5 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

North Carolina limits liability for registered nurses who act under the direction of a supervising health care provider, establishing that nurses do not owe an independent to patients while executing physician orders. The law takes effect immediately upon becoming law and applies to acts or omissions occurring on or after that date.

Why it matters

Changes legal accountability for registered nurses by shielding them from separate malpractice liability when following medical orders, while preserving nurse liability for , intentional wrongdoing, or acting outside direct supervision.

Background
  • In 2022, the North Carolina Supreme Court ruled in Connette ex rel. Gullatte v. Charlotte Mecklenburg Hospital Authority that registered nurses could be held independently liable for medical malpractice, overturning 90 years of established precedent from the 1932 case Byrd v. Marion General Hospital. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Registered Nurses

Registered nurses receive limited immunity from medical malpractice claims when following the direction of a supervising health care provider, provided they do not commit gross negligence or act outside supervision.

Directly affected

Patients

Patients are restricted from recovering damages in medical malpractice actions against a registered nurse solely on the grounds of an independent duty of care when the nurse was following provider directions.

Directly affected

Health Care Providers

Supervising health care providers maintain primary direction over care execution while nurses act under their orders.

Key Facts

  • Registered nurses acting at the direction of a supervising health care provider do not owe an independent separate duty of care to the patient.
  • Nurses are explicitly stated not to be engaged in a collaborative process with joint responsibility as part of a health care team under these conditions.
  • The primary duty of a nurse is defined as diligently executing the orders of a physician.
  • No recovery under a medical malpractice action is permitted against a nurse on the sole grounds of a separate duty of care when acting under provider direction.
Show all 6 facts
  • Nurses remain liable for professional conduct not in accordance with standards of practice, obvious negligence leading to substantial injury, gross negligence, wanton conduct, or intentional wrongdoing.
  • The immunity does not apply when nurses act outside the supervision of a health care provider.

Frequently Asked Questions

Does this bill remove all malpractice liability for registered nurses in North Carolina?
No. Nurses can still be held liable for professional conduct failing to meet standards of practice, obvious negligence causing substantial injury, , wanton conduct, intentional wrongdoing, or when acting outside the supervision of a health care provider.
What legal precedent does this legislation address?
The bill addresses the 2022 North Carolina Supreme Court decision in Connette ex rel. Gullatte v. Charlotte Mecklenburg Hospital Authority, which overturned long-standing 1932 case law that had shielded nurses from separate liability when following physician orders.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

7 actions
  1. May 6, 2025House
    Re-ref Com On Rules, Calendar, and Operations of the House
  2. May 6, 2025House
    Reptd Fav Com Sub 2
  3. Apr 29, 2025House
    Re-ref Com On Judiciary 2
  4. Apr 29, 2025House
    Reptd Fav Com Substitute
  5. Apr 3, 2025House
    Ref to the Com on Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
  6. Apr 3, 2025House
    Passed 1st Reading
Show 1 earlier action
  1. Apr 2, 2025HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Legislative Reversal of Judicial Precedent

The General Assembly explicitly acted to overturn the liability standard established by the 2022 North Carolina Supreme Court decision in Connette ex rel. Gullatte v. Charlotte Mecklenburg Hospital Authority.

Connected Entities

Bill Ward, Carson Smith, Donny Lambeth and 5 more
PersonBill Ward“Cosponsor of House Bill 746”Map →
PersonCarson Smith“Primary sponsor of House Bill 746”Map →
PersonDonny Lambeth“Sponsor of House Bill 746”Map →
otherConnette ex rel. Gullatte v. Charlotte Mecklenburg Hospital Authority“2022 court decision that overturned prior case law regarding nurse liability”Map →
PersonHoward Penny“Cosponsor of House Bill 746”Map →
PersonDonna White“Sponsor of House Bill 746”Map →
PersonDonnie Loftis“Cosponsor of House Bill 746”Map →
otherByrd v. Marion General Hospital“1932 North Carolina Supreme Court case establishing prior precedent”Map →

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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