North Carolina § 90-21 - 134. Severability.

§ 90-21. 134. Severability.

This Article shall be liberally construed to effectuate its public health emergency purpose as outlined in G.S. 90-121.131. The provisions of this Article are severable. If any part of this Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article that can be given effect without the invalid provision. History (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).) Editor's Note. - Session Laws 2020-3, s. 3D.7(b), as amended by Session Laws 2021-3, s. 2.13(a), made this Article effective May 4, 2020, and applicable 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. Session Laws 2020-3, s. 3A.1(a), provides: "Unless the context clearly indicates otherwise, the following definitions apply in this Part: "(1) CDC. - The federal Centers for Disease Control and Prevention. "(2) COVID-19. - Coronavirus disease 2019. "(3) COVID-19 diagnostic test. - A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2. "(4) COVID-19 emergency. - The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19. "(5) COVID-19 antibody test. - A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2021-3, s. 2.13(b), provides: "The clarifications in this section [clarifications to Session Laws 2020-3, s. 3D.7(b) as amended by Session Laws 2021-3, s. 2.13(a)] are consistent with the intent and purpose of this section as originally enacted in S.L. 2020-3."