Administrative Code-Rules
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Board of Nursing Proposed Rule Adoption and Amendments

On October 7, 2020, the Board of Nursing approved proposed amendments to 21 NCAC 36 .0815 Reporting Criteria and proposed adoption of 21 NCAC 36 .0817 COVID-19 Drug Preservation Rule.  Public comment period ends on February 1, 2021.

On December 3, the Board of Nursing proposed amendments to 21 NCAC 36 .0801 Definitions, .0802 Scope of Practice, .0803 Nurse Practitioner Registration, .0805 Education and Certification Requirements for Registration as a Nurse Practitioner, .0806 Annual Renewal, .0807 Continuing Education (CE), .0808 Inactive Status, and .0810 Quality Assurance Standards for a Collaborative Practice Agreement.  Public comment period ends on March 5, 2021.

A public hearing will be held Friday, January 22, 2021 at 1:00 pm by teleconference at 1.919.670.0362 Conference ID 93838627.

Persons may submit objections or public comment related to this rule by contacting:

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.


Reason for Proposed Amendment: Technical changes regarding wording; updates to General Statute references.

Scope of Practice

Reason for Proposed Amendment: Clarification regarding definition of scope of practice.

Nurse Practitioner Registration

Reason for Proposed Amendment: Technical changes regarding wording.

Education and Certification Requirements Registration and Approval as a NP

Reason for Proposed Amendment: Addition of wording regarding approval to practice.

Annual Renewal

Reason for Proposed Amendment: Clarification regarding continuing competence requirements.

Continuing Education (CE)

Reason for Proposed Amendment: Addition of language regarding national credentialing body; clarification regarding CE requirements.

Inactive Status

Reason for Proposed Amendment: Technical changes regarding wording.

Quality Assurance Standards for a Collaborative Practice Agreement

Reason for Proposed Amendment: Technical changes regarding wording.

Reporting Criteria

Reason for Proposed Amendment: In accordance with G.S. 90-113.74 (b2) in order to receive reports from the Department of Health and Human Services regarding prescribing behaviors, an agency must adopt/amend rules setting the criteria by which the Department may report the information to the agency. This amendment outlines additional criterion for future reports.

COVID-19 Drug Preservation Rule

Reason for Proposed Adoption: On March 10, 2020, the Governor of North Carolina, by issuing Executive Order No. 116, declared a state of emergency to coordinate a response and enact protective measures to help prevent the spread of COVID-19. COVID-19 is respiratory disease that can result in serious illness or death. COVID-19, previously unidentified in humans, spreads easily from person to person. Once an outbreak of COVID-19 begins, it is difficult to contain. The World Health Organization, the Center for Disease Control and Prevention, and the United States Department of Health and Human Services have declared COVID-19 a public health threat and emergency. The search for potential treatments for COVID-19 has caused shortages and threatens to cause further shortages in certain drugs. On March 24, 2020, the North Carolina State Health Director requested that the Medical Board, the Board of Nursing and the Board of Pharmacy adopt the COVID-19 Drug Preservation Rule in order to alleviate shortages and ensure that these drugs are available to patients who need them. This rule was adopted as an emergency and then a temporary rule. The State Health Director has requested that the rule be adopted as a permanent rule because the state of emergency and corresponding potential drug shortages now may potentially extend beyond the expiration of the temporary rule. The Board intends to repeal the rule upon the conclusion of the state of emergency. The State Health Director has determined that the State is unlikely to suffer future shortages of two of the drugs previously listed in the temporary and emergency rule, and that those drugs may be removed from the list, while the others should remain. Note: The underlined and struck through text are changes from the temporary rule currently in effect, to the proposed permanent rule.

Last Changed 14-Dec-2020

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