Board of Nursing
Printer-Friendly Version

General Information

Authority

In accordance with Article 2A of the Administrative Procedures Act, the Board of Nursing has the authority to adopt, repeal or amend Administrative Code Rules  which guide the work of the Board.

Review-Approval Process

Proposed changes to Chapter 36 – Board of Nursing are reviewed and approved by the Rules Review Commission. The rule is first published in the North Carolina Register. A public hearing is then held to receive written and oral comments on the proposed rule. Once comments are received and reviewed, the Board of Nursing may make revisions based on the feedback received. The rule is then submitted to the North Carolina Rules Review Commission (RRC) for final approval. If approved by RRC, the rule takes effect on the listed effective date.

To view proposed adoptions, amendments or repeals, select Proposed Rule Amendments or Board Approved Rule Amendments.

Comments

“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) .

Persons may submit written comments to any of the 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
  • Rule Making

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 .

Rule Making Notification

 In accordance with § 150B-21.2(d) , the Board maintains a listing of interested parties requesting notice of rule making. When the Board files a notice of text with the Office of Administrative Hearings, individuals on the listing receive notification regarding proposed new or amended rules.

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

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.

Last Changed 17-Jul-2020

North Carolina Board of Nursing

Protect the public by regulating the practice of nursing.
Sitemap

Copyright © 2020
North Carolina Board of Nursing
All rights reserved

Terms of Service Privacy Policy

Contact Information

(919) 782-3211
(919) 781-9461
8 a.m.-5 p.m., Mon-Fri
North Carolina Board of Nursing