North Carolina § 143-300 - 8. Defense of local sanitarians.

§ 143-300. 8. Defense of local sanitarians.

Any local health department sanitarian enforcing rules of the Commission for Public Health under the supervision of the Department of Health and Human Services pursuant to G.S. 130A-4 shall be defended by the Attorney General, subject to the provisions of G.S. 143-300.4 , and shall be protected from liability in accordance with the provisions of this Article in any civil or criminal action or proceeding brought against the sanitarian in his official or individual capacity, or both, on account of an act done or omission made in the scope and course of enforcing the rules of the Commission for Public Health. The Department of Health and Human Services shall pay any judgment against the sanitarian, or any settlement made on his behalf, subject to the provisions of G.S. 143-300.6 . History (1987, c. 654, s. 2; 1989, c. 727, s. 219(36); 1997-443, s. 11A.96; 2006-202, s. 7; 2007-182, s. 2; 2011-145, s. 13.3(k); 2011-391, s. 27(b).) Editor's Note. - Session Laws 2001-505, s. 3, as amended by Session Laws 2002-159, s. 60, provides: "The Public Officers and Employees Liability Insurance Commission in the Department of Insurance shall effect and place professional liability insurance coverage under G.S. 58-32-15 for local health department sanitarians defended by the State under G.S. 143-300.8 . For insurance purposes only under G.S. 58-32-15 , local health department sanitarians are considered to be employees of the Department of Environment and Natural Resources." Effect of Amendments. - Session Laws 2006-202, s. 7, effective August 7, 2006, in the first sentence, inserted "or of the Environmental management Commission" near the beginning, substituted "G.S. 130A-4" for "G.S. 130A-4(b)" near the middle, and added "or of the Environmental Management Commission" at the end. Session Laws 2007-182, s. 2, effective July 5, 2007, substituted "Commission for Public Health" for "Commission for Health Services" twice in the first sentence. Session Laws 2011-145, s. 13.3(k), effective July 1, 2011, in the first sentence, twice deleted "or of the Environmental Management Commission" following "Commission for Public Health" and substituted "Department of Health and Human Services" for "Department of Environment and Natural Resources." Session Laws 2011-391, s. 27(b), effective July 1, 2011, substituted "Health and Human Services" for "Environment and Natural Resources" in the last sentence.