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Board of Nursing Periodic Review of Existing Rules

Update! On October 18, 2018, the Board of Nursing approved re-adoption and amendments to Chapter 36 in accordance with N.C. Gen. Stat. §150B-21.3A . A public hearing was held Thursday, July 26th at 9:00 a.m. at the North Carolina Board of Nursing office located at 4516 Lake Boone Trail, Raleigh, NC 27607. Comment period ended August 31, 2018.

Persons may submit objections or public comment related to Chapter 36 by contacting:

“Public comment” is defined by § 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to § 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 § 150B-21.9(a) .

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with § 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in § 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, call a Commission staff attorney at (919) 431-3000 .

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 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  ended July 31, 2017. 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.

Questions? Contact Angela Ellis, our Rulemaking Coordinator, at Public Comment -Board of Nursing using the Contact Us Form.

Periodic Review Document:

Last Changed 24-Oct-2018

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