North Carolina General Statutes 90-21.132. Definitions
The following definitions apply in this Article:
(1) COVID-19. – Coronavirus disease 2019.
Terms Used In North Carolina General Statutes 90-21.132
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trustee: A person or institution holding and administering property in trust.
(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 N.C. Gen. Stat..
(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 N.C. Gen. Stat., 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 N.C. Gen. Stat. or practicing under a waiver in accordance with N.C. Gen. Stat. § 90-12.5
d. Any emergency medical services personnel as defined in N.C. Gen. Stat. § 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. (2020-3, s. 3D.7(a); 2021-3, ss. 2.13(a), 2.14(a).)