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Board of Nursing Proposed Rule Adoption and Amendments

Proposed Rule Amendments and Repeal 

On September 22, 2022, the Board of Nursing approved proposed amendments to 21 NCAC 36 .0228 Clinical Nurse Specialist Practice and proposed repeal of 21 NCAC 36 .0817 COVID-19 Drug Preservation Rule. A public hearing will be held Wednesday, December 7, 2022 at 9:00 am 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, Chief Administration Officer/APA Coordinator, Board of Nursing 
North Carolina Board of Nursing 
P.O. Box 2129 
Raleigh, NC 27602-2129 

lawsrules@ncbon.com 

Public comment period ends at 5:00 pm on January 17, 2023. 

“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. 

Clinical Nurse Specialist Practice 

21 NCAC 36 .0228 

Reason for Proposed Amendment:?Clinical Nurse Specialists (CNSs) can be recognized in North Carolina without national certification. Currently, CNSs may submit evidence of meeting requirements equivalent to national certification if no clinical nurse specialist certification is available in the specialty. A portfolio process has been used if no national CNS certification is available in the CNS’s specialty and the CNS completed their academic preparation prior to 07-01-2015. No portfolio has been submitted since August 2020. The Board approved amendments to Rules to eliminate the portfolio route for new CNS recognition and align certification and continuing education with the requirements for other Advanced Practice Registered Nurse roles of Certified Registered Nurse Anesthetist, Certified Nurse Midwives and Nurse Practitioners. 

COVID-19 Drug Preservation Rule 

21 NCAC 36 .0817 

Reason for Proposed Amendment:?At the outset of the COVID-19 pandemic in March 2020, the North Carolina Secretary of Health and Human Services and the State Health Director proposed that the Boards of Nursing, Pharmacy and the Medical Board adopt a COVID-19 Drug Preservation Rule. At that time, there were many drugs with a suspected potential to treat COVID-19. The rule was drafted to ensure that a supply of those drugs also remained available for patients who were prescribed those drugs for other conditions. On August 15, 2022, the declared state of emergency ended in North Carolina. With that change, the North Carolina Secretary of Health and Human Services and the State Health Director have agreed that there is no current need for this rule. The Board of Nursing understands that the Medical Board and the Board of Pharmacy are considering repealing their analogous rules. 

Last Changed 1-Nov-2022

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