58-31-26. Medical liability insurance for certain physicians and dentists. [Effective until January 1, 2023]
(a) The Secretary of the Department of Health and Human Services and the Secretary of the Department of Public Safety may provide medical liability insurance not to exceed one million dollars ($1,000,000) per incident on behalf of employees of these Departments who are licensed to practice medicine or dentistry; on behalf of all licensed physicians who are faculty members of The University of North Carolina who perform work on a contractual basis for the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for incidents that occur in Division programs; and on behalf of physicians in all residency training programs from The University of North Carolina who are in training at institutions operated by the Department of Health and Human Services. This coverage may include commercial insurance or self-insurance and shall cover these individuals for their acts or omissions only while they are engaged in providing medical and dental services pursuant to their State employment or training.
(b) The coverage provided pursuant to this section shall not cover any individual for any act or omission that the individual knows or reasonably should know constitutes a violation of the applicable criminal laws of any state or the United States, or that arises out of any sexual, fraudulent, criminal, or malicious act or out of any act amounting to willful or wanton negligence.
(c) The coverage provided pursuant to this section shall not require any additional appropriations and, except as provided in subsection (a) of this section, shall not apply to any individual providing contractual service to the Department of Health and Human Services or the Department of Public Safety. (2013-360, s. 12A.7.)
58-31-26. Medical liability insurance for certain physicians and dentists. [Effective January 1, 2023]
(a) The Secretary of the Department of Health and Human Services and the Secretary of the Department of Adult Correction may provide medical liability insurance not to exceed one million dollars ($1,000,000) per incident on behalf of employees of these Departments who are licensed to practice medicine or dentistry; on behalf of all licensed physicians who are faculty members of The University of North Carolina who perform work on a contractual basis for the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for incidents that occur in Division programs; and on behalf of physicians in all residency training programs from The University of North Carolina who are in training at institutions operated by the Department of Health and Human Services. This coverage may include commercial insurance or self-insurance and shall cover these individuals for their acts or omissions only while they are engaged in providing medical and dental services pursuant to their State employment or training.
(b) The coverage provided pursuant to this section shall not cover any individual for any act or omission that the individual knows or reasonably should know constitutes a violation of the applicable criminal laws of any state or the United States, or that arises out of any sexual, fraudulent, criminal, or malicious act or out of any act amounting to willful or wanton negligence.
(c) The coverage provided pursuant to this section shall not require any additional appropriations and, except as provided in subsection (a) of this section, shall not apply to any individual providing contractual service to the Department of Health and Human Services or the Department of Adult Correction. (2013-360, s. 12A.7; 2021-180, s. 19C.9(n).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 31 - Insuring State Property, Officials and Employees.
§ 58-31-1 - State Property Fire Insurance Fund created.
§ 58-31-2 - Certain buildings of North Carolina Global TransPark exempt.
§ 58-31-5 - Appropriations; fund to pay administrative expenses.
§ 58-31-13 - Hazardous conditions in State-owned buildings.
§ 58-31-15 - Extended coverage insurance.
§ 58-31-20 - Use and occupancy and business interruption insurance.
§ 58-31-25 - Professional liability insurance for officials and employees of the State.
§ 58-31-30 - Expired at the end of the 1993-94 fiscal year by its own terms.
§ 58-31-35 - Information furnished Commissioner by officers in charge.
§ 58-31-40 - Commissioner to inspect State property.
§ 58-31-45 - Report required of Commissioner.
§ 58-31-50 - Liability insurance required for state-owned vehicles.
§ 58-31-52 - State motor vehicle safety program.
§ 58-31-65 - Owner-controlled or wrap-up insurance authorized.