Board of Nursing Proposed Rule Adoption and Amendments
On May 21, 2020, the Board of Nursing approved proposed adoption of NCAC 36 .0121 Petitioning for Rulemaking and .0122 Petitions for Declaratory Rulings and proposed amendments to .0226 Nurse Anesthesia Practice, .0228 Clinical Nurse Specialist and .0323 Records and Reports. A public hearing will be held August 20, 2020 at 1:00 p.m. at the North Carolina 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 Ellis, APA Coordinator, Board of Nursing
North Carolina Board of Nursing
P.O. Box 2129
Raleigh, NC 27602-2129
- : (919) 781-9461
- : Public Comment - Board of Nursing
Public comment period ends on September 14, 2020
“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 .
Petitioning for Rulemaking
Reason for Proposed Adoption: In accordance with G.S. 150B-20(a), "Each agency must establish by rule the procedure for submitting a rule-making petition to it and the procedure the agency follows in considering a rule-making petition.". In reviewing Chapter 36 Board of Nursing, it was determined the Board needs to promulgate a rule on Petitioning for Rulemaking.
Petitions for Declaratory Rulings
Reason for Proposed Adoption: In accordance with G.S. 150B-4(a), "The agency shall prescribe in its rules the procedure for requesting a declaratory ruling and the circumstances in which rulings shall or shall not be issued." In reviewing Chapter 36 Board of Nursing, it was determined the Board needs to promulgate a rule on Petitions for Declaratory Rulings.
Nurse Anesthesia Practice
Reason for Proposed Amendment: Amendments to this Rule include addition of language regarding eligibility for recognition as a nurse anesthetist, change in title of national certifying body, and modernization of language.
Clinical Nurse Specialist Practice
Reason for Proposed Amendment: Amendments to this Rule include modernization of language and clarification regarding requirements for approval to practice.
Records and Reports
Reason for Proposed Amendment: Amendment to this Rule updates language regarding program completion.