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H746 • 2025

Limited Immunity/Nurses.

Limited Immunity/Nurses.

Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Carson Smith, White, Lambeth, Loftis, Penny, Ward
Last action
2025-05-06
Official status
Re-ref Com On Rules, Calendar, and Operations of the House
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Limited Immunity/Nurses.

H746-SMBC-64(CSBC-35)-v-3 (2025-05-06): Limited Immunity/Nurses.

What This Bill Does

  • H746-SMBC-64(CSBC-35)-v-3 (2025-05-06): Limited Immunity/Nurses.
  • H746-SMBC-69(e3)-v-2 (2025-05-06): Limited Immunity/Nurses.
  • H746-SMBP-24(e1)-v-2 (2025-04-29): Limited Immunity/Nurses.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.

  • 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.
  • Committee: House Judiciary 2.
  • If favorable, re -refer to Rules, Calendar, and Operations of the House Date: May 6, 2025 Introduced by: Reps.
  • Carson Smith, White, Lambeth Prepared by: Jason Moran-Bates Staff Attorney Analysis of: PCS to Second Edition H746-CSBC-35 Kara McCraw Director *H746-SMBC-64(CSBC-35)-v-3* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Filed

Plain English: 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.

  • 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.
  • Committee: House Rules, Calendar, and Operations of the House Date: May 7, 2025 Introduced by: Reps.
  • Carson Smith, White, Lambeth Prepared by: Jason Moran-Bates Staff Attorney Analysis of: Third Edition Kara McCraw Director *H746-SMBC-69(e3)-v-2* Legislative Analysis Division 919-733-2578 This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
  • OVERVIEW: House Bill 746 would make nurses immune from damages in malpractice suits if (i) they were acting within their scope of practice and consistent with directions provided by a supervising healthcare provider or (ii) they raised concerns about directions that may endanger patient safety.
Filed

Plain English: 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.

  • 2025-2026 General Assembly HOUSE BILL 746: Limited Immunity/Nurses.
  • Committee: House Health.
  • If favorable, re -refer to Judiciary 2.
  • If favorable, re -refer to Rules, Calendar, and Operations of the House Date: April 29, 2025 Introduced by: Reps.

Bill History

  1. 2025-05-06 House

    Re-ref Com On Rules, Calendar, and Operations of the House

  2. 2025-05-06 House

    Reptd Fav Com Sub 2

  3. 2025-04-29 House

    Re-ref Com On Judiciary 2

  4. 2025-04-29 House

    Reptd Fav Com Substitute

  5. 2025-04-03 House

    Ref to the Com on Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

  6. 2025-04-03 House

    Passed 1st Reading

  7. 2025-04-02 House

    Filed

Official Summary Text

H746-SMBC-64(CSBC-35)-v-3
(2025-05-06): Limited Immunity/Nurses.
H746-SMBC-69(e3)-v-2
(2025-05-06): Limited Immunity/Nurses.
H746-SMBP-24(e1)-v-2
(2025-04-29): Limited Immunity/Nurses.

Current Bill Text

Read the full stored bill text 
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 746
Committee Substitute Favorable 4/29/25
Committee Substitute #2 Favorable 5/6/25

Short Title: Limited Immunity/Nurses. (Public)
Sponsors:
Referred to:
April 3, 2025
*H746-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE LIMITED IMMUNITY AGAINST MEDICAL MALPRACTICE FOR 2
REGISTERED NURSES ACTING UNDER THE SUPER VISION OF A HEALTH C ARE 3
PROVIDER AS ARTICULA TED IN BYRD V. MARIO N GENERAL HOSPITAL, 202 4
N.C. 337 (1932). 5
Whereas, Byrd v. Marion General Hospital, 202 N.C. 337 (1932) established case law 6
in North Carolina, enduring for 90 years, that prevented a registered nurse from being liable when 7
acting under the orders of a physician; and 8
Whereas, that case law was overturned in Connet te ex rel. Gullatte v. Charlotte 9
Mecklenburg Hospital Authority, 2022-NCSC-95; and 10
Whereas, both the majority of the court and the dissent in that decision pointed out 11
that the authority to prevent this liability is a function of the North Carolina General Assembly, 12
but the General Assembly has been silent; and 13
Whereas, this General Assembly establishes the prevention from this liability with 14
the enactment of this general law; Now, therefore, 15
The General Assembly of North Carolina enacts: 16
SECTION 1. Article 1B of Chapter 90 of the General Statutes is amended by adding 17
a new section to read: 18
"§ 90-21.14A. Registered nurses; limited immunity. 19
(a) For purposes of this section, the term "nurse" means any individual licensed under 20
Article 9A, Article 9G, or Article 10A of this Chapter. 21
(b) A nurse shall not be liable for damages in a malpractice action , provided the nurse 22
acted within the nurse's scope of practice and the nurse's actions were consistent with directions 23
provided by a supervising health care provider. 24
(c) Because a nurse holds an independent duty of care to a patient, a nurse shall not be 25
liable for damages in a malpractice action when the nurse, acting in good faith, raises a concern 26
regarding another health care provider's order that may be inconsistent with patient safety. 27
(d) This limited immunity from damages shall not apply if the nurse acts with gross 28
negligence, recklessness, or intentional misconduct." 29
SECTION 2. This act is effective October 1, 2025, and applies to acts or omissions 30
occurring on or after that date. 31