N.C. Gen. Stat. § 90-21.132

Current through Session Law 2024-58

Section 90-21.132 - Definitions

The following definitions apply in this Article:

(1) COVID-19. - Coronavirus disease 2019.

(2) COVID-19 emergency declaration. - Executive Order No. 116 issued March 10, 2020, by Governor Roy A. Cooper, including any amendments issued by executive order, subject to extensions under Chapter 166A of the General Statutes.

(3) COVID-19 emergency rule. - Any executive order, declaration, directive, request, or other State or federal authorization, policy statement, rule making, or regulation that waives, suspends, or modifies applicable State or federal law regarding scope of practice, including modifications authorizing health care providers licensed in another state to practice in this State, or the delivery of care, including those regarding the facility space in which care is delivered and which equipment is used during the COVID-19 emergency declaration.

(4) Damages. - Economic or noneconomic losses for harm to an individual.

(5) Harm. - Physical and nonphysical contact that results in injury to or death of an individual.

(6) Health care facility. - Any entity licensed pursuant to Chapter 122C, 131D, or 131E of the General Statutes or Article 64 of Chapter 58 of the General Statutes, and any clinical laboratory certified under the federal Clinical Laboratory Improvement Amendments in section 353 of the Public Health Service Act (42 U.S.C. § 263a).

(7) Health care provider. -

a. An individual who is licensed, certified, or otherwise authorized under Chapter 90 or 90B of the General Statutes to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program.

b. A health care facility where health care services are provided to patients, residents, or others to whom such services are provided as allowed by law.

c. Individuals licensed under Chapter 90 of the General Statutes or practicing under a waiver in accordance with G.S. 90-12.5.

d. Any emergency medical services personnel as defined in G.S. 131E-155(7).

e. Any individual providing health care services within the scope of authority permitted by a COVID-19 emergency rule.

f. Any individual who is employed as a health care facility administrator, executive, supervisor, board member, trustee, or other person in a managerial position or comparable role at a health care facility.

g. An agent or employee of a health care facility that is licensed, certified, or otherwise authorized to provide health care services.

h. An officer or director of a health care facility.

i. An agent or employee of a health care provider who is licensed, certified, or otherwise authorized to provide health care services.

j. An individual who volunteers to assist a State agency, department, or approved organization in the administration of COVID-19 vaccinations, including clinical, clinical support, and nonclinical support activities.

(8) Health care service. - Treatment, clinical direction, supervision, management, or administrative or corporate service, provided by a health care facility or a health care provider during the period of the COVID-19 emergency declaration, regardless of the location in this State where the service is rendered:

a. To provide testing, diagnosis, or treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID-19.

b. To dispense drugs, medical devices, medical appliances, or medical goods for the treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID-19.

c. To provide care to any other individual who presents or otherwise seeks care at or from a health care facility or to a health care provider during the period of the COVID-19 emergency declaration.

(9) Volunteer organization. - Any medical organization, company, or institution that has made its facility or facilities available to support the State's response and activities under the COVID-19 emergency declaration and in accordance with any applicable COVID-19 emergency rule.

N.C. Gen. Stat. § 90-21.132

Amended by 2021 N.C. Sess. Laws 3,s. 2.14-a, eff. 3/11/2021.

Amended by 2021 N.C. Sess. Laws 3,s. 2.13-a, eff. 3/11/2021.

Added by 2020 N.C. Sess. Laws 3,s. 3D.7-a, eff. 5/4/2020.

Effective Date and Retroactive Application: Section 2.14(b) of 2021 N.C. Sess. Laws 3,s. 2.14, which added subsection (7)(j), provides: "This section is effective when it becomes law and applies retroactively to acts or omissions occurring during the time of Executive Order No. 116 issued on March 10, 2020, by Governor Roy A. Cooper."

Applicability: Section 3D.7-b of 2020 N.C. Sess. Laws 3, as amended by 2021 N.C. Sess. Laws 3,s. 2.13-a, eff. 3/11/2021, provides: "This section is effective when it becomes law and applies to acts or omissions occurring during either the pendency of Executive Order No. 116 issued on March 10, 2020, by Governor Roy A. Cooper, or during any subsequent time period during which a state of emergency is declared to be in effect by the Governor, in any year, in response to COVID-19."