131E-47.1. Limited liability.
(a) A person serving as a director, trustee, or officer of a public hospital as defined in G.S. 159-39, or as a commissioner, member, or officer of a hospital authority established under Part 1 or 2 of this Article, or as a director, trustee, or officer of North Carolina Memorial Hospital, shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:
(1) Is compensated for his services beyond reimbursement for expenses,
(2) Was not acting within the scope of his official duties,
(3) Was not acting in good faith,
(4) Committed gross negligence or willful or wanton misconduct that resulted in the damage or injury,
(5) Derived an improper personal financial benefit from the transaction,
(6) Incurred the liability from the operation of a motor vehicle, or
(7) Is defendant in an action brought under G.S. 55A-28.1 or 55A-28.2.
(b) The immunity in subsection (a) is personal to the directors, trustees, officers, commissioners, and members, and does not immunize the hospital or hospital authority for liability for the acts or omissions of the directors, trustees, or officers. (1987 (Reg. Sess., 1988), c. 1057, s. 1; c. 1100, s. 39.2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 131E - Health Care Facilities and Services
§ 131E-7.1 - Public hospitals' managed care development authorized.
§ 131E-8 - Sale of hospital facilities to nonprofit corporations.
§ 131E-8.1 - Maintenance of Health Education Facilities.
§ 131E-9 - Governing authority of hospital facilities.
§ 131E-11 - Federal and State aid.
§ 131E-14 - Lease or sale of hospital facilities to certain nonprofit corporations.
§ 131E-14.1 - Branch facilities.
§ 131E-14.2 - Conflict of interest.
§ 131E-15 - Title and purpose.
§ 131E-17 - Creation of a hospital authority.
§ 131E-19 - Incorporation of a hospital authority.
§ 131E-20 - Boundaries of the authority.
§ 131E-21 - Conflict of interest.
§ 131E-22 - Removal of commissioners.
§ 131E-23 - Powers of the authority.
§ 131E-25 - Zoning and building laws.
§ 131E-26 - Revenue bonds and notes.
§ 131E-27 - Contracts with federal government.
§ 131E-29 - Audits and recommendations.
§ 131E-31 - Transfers of property by a city or county to a hospital authority.
§ 131E-32 - Purchase money security interests.
§ 131E-40 - Title and purpose.
§ 131E-41 - Methods of creation of a hospital district.
§ 131E-42 - Hearing and determination.
§ 131E-43 - Limitation of actions.