§ 93B-16. Occupational board liability for negligent acts. - North Carolina Statutes

§ 93B‑16.  Occupationalboard liability for negligent acts.

(a)        An occupationallicensing board may purchase commercial insurance of any kind to cover allrisks or potential liability of the board, its members, officers, employees,and agents, including the board's liability under Articles 31 and 31A ofChapter 143 of the General Statutes.

(b)        Occupationallicensing boards shall be deemed State agencies for purposes of Articles 31 and31A of Chapter 143 of the General Statutes, and board members and employees ofoccupational licensing boards shall be considered State employees for purposesof Articles 31 and 31A of Chapter 143 of the General Statutes. To the extent anoccupational licensing board purchases commercial liability insurance coveragein excess of one hundred fifty thousand dollars ($150,000) per claim forliability arising under Article 31 or 31A of Chapter 143 of the GeneralStatutes, the provisions of G.S. 143‑299.4 shall not apply. To the extentthat an occupational licensing board purchases commercial insurance coveragefor liability arising under Article 31 or 31A of Chapter 143 of the GeneralStatutes, the provisions of G.S. 143‑300.6(c) shall not apply.

(c)        The purchase ofinsurance by an occupational licensing board under this section shall not beconstrued to waive sovereign immunity or any other defense available to theboard, its members, officers, employees, or agents in an action or contestedmatter in any court, agency, or tribunal. The purchase of insurance by anoccupational licensing board shall not be construed to alter or expand thelimitations on claims or payments established in G.S. 143‑299.2 or limitthe right of board members, officers, employees, or agents to defense by theState as provided by G.S. 143‑300.3. (2002‑168, s. 1.)