Proposed Rule Adoption and Amendments
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The Board of Nursing approved the following actions regarding Chapter 36 Board of Nursing Administrative Code (Rules):

Public Hearing: April 4, 2023 @ 10:00 am

Comment Period Ends: May 15, 2023

Session Law 2021-3, Section 2.9.(a), permits “immunizing pharmacists” (as defined by statute) to administer long-acting injectable medications to adults pursuant to prescription. The law became effective on October 1, 2021, and the Board of Pharmacy adopted a temporary rule (21 NCAC 46 .2514) to implement the section, as permitted by the statute. Because of the placement of the long-acting injectable authority in the “immunizing pharmacist” statute (90-85.15B), a permanent rule governing the administration of these drugs was required to be approved by both the Board of Pharmacy and the Medical Board. The Board of Pharmacy proposed adoption of a permanent version of Rule .2514. The proposed rule put appropriate standards in place for training, recordkeeping and other requirements needed to ensure that the drugs are administered with adequate protection of the public health, safety, and welfare (NC Register, Volume 36, Issue 16, pages 1393).After successfully completing the rulemaking process, amended rule 21 NCAC 46 .2507 and permanent rule 21 NCAC 46 .2514 became effective July 1, 2022.The Board of Nursing Administrative Code 21 NCAC 36 .0221 (e) reads: “Pharmacists may administer drugs in accordance with 21 NCAC 46 .2507.” Based on adoption of permanent rule 21 NCAC 46 .2514, the Board of Nursing rule needs to be amended to include the new reference.

Click here to review the proposed amendments.

Proposed Amendments for 21 NCAC 36 .0120, .0220, .0233 .0302, .0303, .0309, .0317, .0318, .0320, .0321, .0322, .0323. The Education and Practice Committee, with the goal of assuring that the NCBON Administrative Code (Rules) regulating pre-licensure nursing education programs are current, consistent, and conducive to the preparation of nurses able to provide safe, effective, care now and in the future, carefully reviewed the literature, resources from NCSBN, rules and practices of other nursing regulatory bodies, and testimony from NC education, regulatory and practice stakeholders.

Click here to review the proposed amendments.

Submissions for Permanent Rule

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.

Click here to review the proposed amendments.

Continuing Education (CE), does not align with requirements for Nurse Practitioners nationally nor does it align with the continuing education requirements for North Carolina Physician’s Assistants under a similar structure. North Carolina requires more continuing education of their Nurse Practitioners than any other state, with Illinois the closest state requiring 40 hours annually. Additionally, Nurse Practitioners in North Carolina are required to have more continuing education than any other licensed healthcare professional in this state. The clinical pharmacist is the next closest in requiring 35 hours annually. The proposed amendment would require 50 contact hours of continuing education every 2 years as opposed to every year. This amendment also specifies maintaining national certification as defined in 21 NCAC .0801(8) will meet the continuing education requirements for Nurse Practitioners biennially.

Click here to review the 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.

Click here to review the proposed repeal.

Last Changed 23-Feb-2023

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