North Carolina Board of Nursing

Laws & Rules

Administrative Code (Rules)

Administrative Code / Rules

Board of Nursing Periodic Review of Existing Rules

In accordance with N.C. Gen. Stat. §150B-21.3A, all state agencies are required to review all existing administrative rules every 10 years and classify each rule under one of the following categories:

  • Necessary with substantive public interest - The agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule. Rules designated as “necessary with substantive public interest” must be re-adopted as if they were new rules, following the permanent rulemaking process set forth in Article 2A.
  • Necessary without substantive public interest - The agency determines that the rule is needed, and the rule has not had public comment in the last two years. Rules designated as “necessary without substantive public interest” will remain in the Code.
  • Unnecessary - The agency determines that the rule is obsolete, redundant, or otherwise not needed. Rules designated as “unnecessary” will be removed from the Code without any further agency action.

In compliance with this statute, the Board of Nursing conducted a review of the Board’s existing rules, made an initial determination as to the classification of each rule and approved the Initial Periodic Review Determination Report. The Board invites the public to submit written comments concerning the Board’s initial classification of these Rules.

“Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).

The Board of Nursing rules are located by subchapters in Title 21 of the NC Administrative Code, Chapter 36.

The public comment period for the Initial Periodic Review Determination Report runs from May 31, 2017 until close of business on July 31, 2017. Public comments shall be submitted in writing by mail, email or fax as follows:

Angela Ellis
Rulemaking Coordinator
NC Board of Nursing
P.O. Box 2129
Raleigh, NC 27602-2129
public.comment@ncbon.com
Fax: (919) 781-9461

At conclusion of the comment period, the Board will provide its response to each comment in the final report submitted to the Rules Review Commission. Once submitted to the Commission, the report will be posted to the Board’s website.

For further information and how to submit public comments, see Administrative Code (Rules).

Questions? Contact Angela Ellis, Rulemaking Coordinator, at public.comment@ncbon.com.

Periodic Review Document: