GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-181
HOUSE BILL 404
AN ACT providing that public safety answering points, regional public safety answering points, and their employees and agents and employees of law enforcement agencies are not liable for damages in a civil action except in cases of gross negligence and wanton or willful misconduct or when there is applicable insurance coverage and making technical corrections to S.L. 2021‑171, The no patient left alone act.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 143B‑1413 reads as rewritten:
"§ 143B‑1413. Limitation of liability.
(a) Except in cases of gross
negligence or wanton or willful misconduct, a communications service
provider, and a 911 system provider or next generation 911 system provider, PSAP,
regional PSAP, and their employees, directors, officers, vendors, and
agents and employees of a law enforcement agency who are certified by the
North Carolina Sheriffs' Education and Training Standards Commission are
not liable for any damages in a civil action resulting from death or injury to
any person or from damage to property incurred by any person in connection with
developing, adopting, implementing, maintaining, or operating the 911 system
system, including call taking, dispatching, radio operations, data
terminal operations, or any combination of these call taking functions or
in complying with emergency‑related information requests from State or
local government officials. This section does not apply to actions arising out
of the operation or ownership of a motor vehicle. vehicle by an
employee or agent of a PSAP or regional PSAP or an employee of a law
enforcement agency. The acts and omissions described in this section
include, but are not limited to, the following:
(1) The release of subscriber information related to emergency calls or emergency services.
(2) The use or provision of 911 service, E911
service, or next generation 911 service.
(3) Other matters related to 911 service, E911 service, or next generation 911 service.
(4) Text‑to‑911 service.
(b) In any civil action
by a user of 911 services or next generation 911 services arising from an act
or an omission by a PSAP, and the officers, directors, employees, vendors,
agents, and authorizing government entity of the PSAP, in the performance of
any lawful and prescribed actions pertaining to their assigned job duties as a
telecommunicator, the plaintiff's burden of proof is by clear and convincing
evidence.Except in cases of wanton or willful misconduct, neither a
communication service provider, nor a 911 system provider, nor a next
generation 911 system provider, nor the employees, directors, officers, vendors,
or agents of any of the providers named in this subsection shall be liable for
any damages in a civil action resulting from death or injury to any person in
connection with developing, adopting, implementing, maintaining, or operating
the 911 system. This subsection and the immunity provided herein does not apply
to actions arising out of the operation or ownership of a motor vehicle by an
employee, director, officer, vendor, or agent of a communications service
provider, 911 system provider, or next generation 911 system provider.
(c) The limitation of liability described in subsection (a) of this section is waived to the extent a liability insurance policy provides coverage applicable to claims made against any of the following:
(1) A PSAP.
(2) A regional PSAP.
(3) The employees, directors, or officers of a PSAP or regional PSAP.
(4) The vendors or agents of a PSAP or regional PSAP, not including communications service providers, 911 system providers, or next generation 911 system providers.
(5) The employees of a law enforcement agency who are certified by the North Carolina Sheriffs' Education and Training Standards Commission.
(d) Nothing in subsection (a) of this section shall be construed to serve as a bar to coverage under any applicable liability insurance policy to the entities referenced in subsection (c)."
SECTION 1.(b) This section is effective when it becomes law and applies to causes of action filed on or after that date.
SECTION 2.(a) G.S. 131E‑79.3, as enacted by S.L. 2021‑171, reads as rewritten:
"§ 131E‑79.3. Hospital patient visitation, civil penalty.
(a) Each hospital licensed
under this Chapter Article shall permit patients to receive
visitors to the fullest extent permitted under any applicable rules,
regulations, or guidelines adopted by either the Centers for Medicare and
Medicaid Services or the Centers for Disease Control and Prevention or any
federal law.
…
(e) Each Subject
to, and to the fullest extent permitted by, any rules, regulations, or
guidelines adopted by either the Centers for Medicare and Medicaid Services or
the Centers for Disease Control and Prevention or any federal law, each hospital
shall allow compassionate care visits. A hospital may require compassionate
care visitors to submit to health screenings necessary to prevent the spread of
infectious diseases, and, notwithstanding anything to the contrary in this
section, a hospital may restrict a compassionate care visitor who does not pass
a health screening requirement or who has tested positive for an infectious
disease. A hospital may require compassionate care visitors to adhere to
infection control procedures, including wearing personal protective equipment.
Compassionate care situations that require visits include, but are not limited
to, the following:
(1) End‑of‑life situations.
(2) A patient who was living with his or her family before recently being admitted to the facility is struggling with the change in environment and lack of physical family support.
(3) A patient who is grieving after a friend or family member recently passed away.
(4) A patient who needs cueing and encouragement with eating or drinking, previously provided by family or caregivers, is experiencing weight loss or dehydration.
(5) A patient, who used to talk and interact with others, is experiencing emotional distress, seldom speaking, or crying more frequently when the patient had rarely cried in the past.
…."
SECTION 2.(b) G.S. 131E‑112.5(e), as enacted by S.L. 2021‑171, reads as rewritten:
"(e) Each Subject
to, and to the fullest extent permitted by, any rules, regulations, or
guidelines adopted by either the Centers for Medicare and Medicaid Services or
the Centers for Disease Control and Prevention or any federal law, each nursing
or combination home shall allow compassionate care visits. A nursing or
combination home may require compassionate care visitors to submit to health
screenings necessary to prevent the spread of infectious diseases, and,
notwithstanding anything to the contrary in this section, a nursing or
combination home may restrict a compassionate care visitor who does not pass a
health screening requirement or who has tested positive for an infectious
disease. A nursing or combination home may require compassionate care visitors
to adhere to infection control procedures, including wearing personal
protective equipment. Compassionate care situations that require visits
include, but are not limited to, the following:
(1) End‑of‑life situations.
(2) A resident who was living with his or her family before recently being admitted to the facility is struggling with the change in environment and lack of physical family support.
(3) A resident who is grieving after a friend or family member recently passed away.
(4) A resident who needs cueing and encouragement with eating or drinking, previously provided by family or caregivers, is experiencing weight loss or dehydration.
(5) A resident, who used to talk and interact with others, is experiencing emotional distress, seldom speaking, or crying more frequently when the resident had rarely cried in the past."
SECTION 2.(c) G.S. 131E‑207.5(e), as enacted by S.L. 2021‑171, reads as rewritten:
"(e) Each Subject
to, and to the fullest extent permitted by, any rules, regulations, or
guidelines adopted by either the Centers for Medicare and Medicaid Services or
the Centers for Disease Control and Prevention or any federal law, each hospice
care facility shall allow compassionate care visits. A hospice care facility
may require compassionate care visitors to submit to health screenings
necessary to prevent the spread of infectious diseases, and, notwithstanding
anything to the contrary in this section, a hospice care facility may restrict
a compassionate care visitor who does not pass a health screening requirement
or who has tested positive for an infectious disease. A hospice care facility
may require compassionate care visitors to adhere to infection control
procedures, including wearing personal protective equipment. Compassionate care
situations that require visits include, but are not limited to, the following:
(1) End‑of‑life situations.
(2) A patient who was living with his or her family before recently being admitted to the facility is struggling with the change in environment and lack of physical family support.
(3) A patient who is grieving after a friend or family member recently passed away.
(4) A patient who needs cueing and encouragement with eating or drinking, previously provided by family or caregivers, is experiencing weight loss or dehydration.
(5) A patient, who used to talk and interact with others, is experiencing emotional distress, seldom speaking, or crying more frequently when the patient had rarely cried in the past."
SECTION 2.(d) G.S. 131D‑7.5(c), as enacted by S.L. 2021‑171, reads as rewritten:
"(c) Notwithstanding the
provisions of subsection (b) of this section, in the event that circumstances
require the complete closure of a facility to visitors, the facility shall use
its best efforts to develop alternate visitation protocols that would allow
visitation to the greatest extent safely possible. If those alternate protocols
are found by the Department, the local health departments, or any other
government public health agency to violate any rule, regulation, guidance, or
federal law relating to a resident's visitation rights, the Department may
impose a civil penalty in an amount not less than five hundred dollars
($500.00) for each instance on each day the hospice facility was
found to have a violation. This civil penalty shall be in addition to any
licensure action, fine, or civil penalty that the Department may impose pursuant
to this Chapter."
SECTION 2.(e) G.S. 131D‑7.5(e), as enacted by S.L. 2021‑171, reads as rewritten:
"(e) Each Subject
to, and to the fullest extent permitted by, any rules, regulations, or
guidelines adopted by either the Centers for Medicare and Medicaid Services or
the Centers for Disease Control and Prevention or any federal law, each facility
shall allow compassionate care visits. The facility may require compassionate
care visitors to submit to health screenings necessary to prevent the spread of
infectious diseases, and, notwithstanding anything to the contrary in this
section, the facility may restrict a compassionate care visitor who does not
pass a health screening requirement or who has tested positive for an
infectious disease. The facility may require compassionate care visitors to
adhere to infection control procedures, including wearing personal protective
equipment. Compassionate care situations that require visits include, but are
not limited to, the following:
(1) End‑of‑life situations.
(2) A resident who was living with his or her family before recently being admitted to the facility is struggling with the change in environment and lack of physical family support.
(3) A resident who is grieving after a friend or family member recently passed away.
(4) A resident who needs cueing and encouragement with eating or drinking, previously provided by family or caregivers, is experiencing weight loss or dehydration.
(5) A resident, who used to talk and interact with others, is experiencing emotional distress, seldom speaking, or crying more frequently when the resident had rarely cried in the past."
SECTION 2.(f) G.S. 122C‑32(e), as enacted by S.L. 2021‑171, reads as rewritten:
"(e) Each Subject
to, and to the fullest extent permitted by, any rules, regulations, or
guidelines adopted by either the Centers for Medicare and Medicaid Services or
the Centers for Disease Control and Prevention or any federal law, each facility
shall allow compassionate care visits. The facility may require compassionate
care visitors to submit to health screenings necessary to prevent the spread of
infectious diseases, and, notwithstanding anything to the contrary in this
section, the facility may restrict a compassionate care visitor who does not
pass a health screening requirement or who has tested positive for an
infectious disease. The facility may require compassionate care visitors to
adhere to infection control procedures, including wearing personal protective
equipment. Compassionate care situations that require visits include, but are
not limited to, the following:
(1) End‑of‑life situations.
(2) A resident who was living with his or her family before recently being admitted to the facility is struggling with the change in environment and lack of physical family support.
(3) A resident who is grieving after a friend or family member recently passed away.
(4) A resident who needs cueing and encouragement with eating or drinking, previously provided by family or caregivers, is experiencing weight loss or dehydration.
(5) A resident, who used to talk and interact with others, is experiencing emotional distress, seldom speaking, or crying more frequently when the resident had rarely cried in the past."
SECTION 2.(g) This section is effective November 1, 2021.
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 8th day of November, 2021.
s/ Jim Burgin
Presiding Officer of the Senate
s/ Harry Warren
Presiding Officer of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:05 p.m. this 18th day of November, 2021