Administrative Code / Rules
Proposed Rule Amendments
On September 23, 2016, the Board approved proposed amendments to Rules. Click on the individual Rules below to view the proposed amendments:
21 NCAC 36 .0120 - Definitions
21 NCAC 36 .0217 - Revocation, Suspension or Denial of Licensure
Reason for Proposed Rule: The current rule places a greater procedural burden and more restriction on the Board of Nursing than is required by the Administrative Procedures Act and fails to capture needed nursing practice. Amendments include technical changes throughout the rule and the creation of new violations in section (a) where a need was seen to capture acts previously outside the Board’s disciplinary jurisdiction. Lastly, deletions were made of provisions in the rule that are covered in law pursuant to the North Carolina General Statutes or that generally place unnecessary burden not required by law on staff during the enforcement/disciplinary process.
A public hearing will be held on Thursday, February 23, 2017 at 9:00 am at the NC Board of Nursing office located at 4516 Lake Boone Trail, Raleigh, NC 27607. Persons may submit objections or public comment related to these rules by contacting Angela H. Ellis, APA Coordinator, NC Board of Nursing, PO Box 2129, Raleigh, NC 27602-2129; Fax: 919-781-9461; email: email@example.com. Public comment period ends on March 20, 2017.
21 NCAC 36 .0806 - Annual Renewal
Reason for Proposed Rule: Evidence of certification or recertification as a nurse practitioner by a national credentialing body is a requirement for approval to practice. Evidence to maintain certification is a public safety measure to demonstrate maintained competence in a population foci. Current language lacks clarity in the requirement for maintaining national certification for annual renewal of the NP approval to practice.
21 NCAC 36 .0807 - Continuing Education (CE)
Reason for Proposed Rule: Just as other regulatory agencies are evaluating how to ensure public protection relating to pain management using opioid products, the NCBON is in process of evaluating measures to safeguard the public be ensuring evidence-based opioid management for appropriately credentialed advanced practice nursing prescribers. In accordance with Session Law 2015 – 241 Section 12 F. 16. (b), the boards regulating licensees authorized to prescribe controlled substances shall require that at least one hour of the total required continuing education hours consists of a course designed specifically to address prescribing practices. The course shall include, but not be limited to, instruction on controlled substance prescribing practices and controlled substance prescribing for chronic pain management. Establishing parallel CE requirements among all authorized prescribers, designed specifically to address controlled substance prescribing practices, signs of the abuse or misuse of controlled substances, and controlled substance prescribing for chronic pain management, will provide consistency in public protection
21 NCAC 36 .0809 - Prescribing Authority
Reason for Proposed Rule: Prescriptive authority is a basic part of the NP approval to practice. Clarity in prescriptive authority protects the public through prescriptive practices that are based on evidence and public safety. The current language creates confusion regarding refill authorizations by NP prescribers. Minor technical revisions are recommended to provide clarity regarding authority to refill on Schedules II, IIN, III and IIIN.
A public hearing was held Thursday, November 17th at 1:00 pm at the NC Board of Nursing office located at 4516 Lake Boone Trail, Raleigh, NC 27607. Persons may submit objections or public comment related to this rule by contacting Angela H. Ellis, APA Coordinator, NC Board of Nursing, PO Box 2129, Raleigh, NC 27602-2129; Fax: 919-781-9461; email: firstname.lastname@example.org. Public comment period ends on January 3, 2017.