Board of Nursing Proposed Rule Amendments and Adoption
On November 17, 2017, the Board of Nursing approved proposed amendments to 21 NCAC 36 .0815 Reporting Criteria and proposed adoption of 21 NCAC 36 .0816 Definition of Consultation for Prescribing Controlled Substances . A public hearing was held Friday, January 19th 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 this rule 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 ended on February 3, 2018.
“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 .
Reason for Proposed Amendment: Amendment increases the reporting criteria of data from the Controlled Substance Reporting System from one percent to two percent. In addition, the amendments further define reporting criteria for the Department of Health and Human Services for opioid poisoning where the prescriber authorized more than 30 tablets of an opioid to the decedent and the prescriptions were written within 60 days of the patient deaths.
Definition of Consultation for Prescribing Controlled Substances
Reason for Proposed Amendment: Adoption of this Rule is in response to the STOP Act signed into law on June 29, 2017. In accordance with the Act, Nurse Practitioners who prescribe targeted controlled substances are required to personally consult with the supervising Physician when the patient is treated at a facility prescribing narcotic medication or advertises pain management services and the prescription will exceed a 30-day supply. In addition, Nurse Practitioners who prescribe to the same patient continuously are required to consult with a supervising Physician at least once every 90 days to verify the prescription remains medically appropriate. This Rule defines consultation between the Nurse Practitioner and a supervising Physician.