Impending Legislative Changes Could Affect Liability Protection for Environmental Health Professionals in North Carolina (S166)
A new provision within Senate Bill 166 may revise the legal defense and liability framework for registered environmental health specialists, interns, and associates in North Carolina. This change could have significant implications for these professionals working under the aegis of local health departments.
The proposed legislation stipulates that all local health departments must forge an annual agreement with the Department of Health and Human Services to deliver environmental health services compliant with state laws. This agreement must also ensure the inclusion of quality assurance measures for all environmental health activities.
Under the revised bill, a new requirement is introduced: in civil and criminal proceedings related to their professional duties, registered environmental health specialists and their junior counterparts will be defended by the Attorney General, provided these actions fall within the scope of enforcing public health regulations. If a judgment or settlement is reached against these professionals, the Department of Health and Human Services and the employing local health department may each be responsible for covering half of the financial obligations. This is a shift from the current policy, where there is no statutory requirement for local health departments to contribute to such financial settlements.
Furthermore, if a local health department fails to secure the annual agreement mandated by the new regulations, the professionals contracted by such departments will not receive defense from the Attorney General, nor will the Department cover any part of a judgment or settlement. Instead, the entire financial burden would fall on the local health department.
Additionally, the bill specifically excludes liability protection for actions taken in enforcement of local rules, as opposed to those established by the state's Commission for Public Health. This means that environmental health professionals enforcing local standards may not be defended by the Attorney General, nor will they be shielded from liability, which could potentially expose them to greater personal and professional risk.
These legislative changes signal a new direction in the state's approach by explicitly requiring local health departments to share in the financial liabilities arising from their duties. As Senate Bill 166 progresses, environmental health professionals and local health departments alike should stay informed about the bill's status and be prepared to adjust to its requirements should it pass. This proactive approach may help mitigate potential legal and financial risks and ensure continued compliance with North Carolina's public health standards. Track changes with the bill as it works through the legislative process on the NC General Assembly website using the following link: