42948 - 21 Ncac 46 Request For Early Review
June 26, 2017
Via E-Mail
Garth K. Dunklin, Esq.
Chair, Rules Review Commission
North Carolina Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, North Carolina 27609
Re: North Carolina Board of Pharmacy - Request to Reschedule Periodic Rule Review
Dear Mr. Dunklin:
I am writing as General Counsel and Rulemaking Coordinator for the North Carolina Board of Pharmacy. Pursuant to 26 NCAC 05 .0205, the Board of Pharmacy respectfully requests that its Periodic Review of Existing Rules Report for Title 21, Chapter 46 of the North Carolina Administrative Code be considered for an earlier review.
The Board's proposed categorization of its rules was posted for public comment from February 24, 2017 to May 1, 2017. On May 16, 2017, the Board reviewed the public comments and adopted its Report.
Pursuant to 26 NCAC 05 .0211, the Report is currently scheduled for RRC review in June 2018. In the Report, the Board identified a number of rules that are unnecessary and should be removed from the Administrative Code. The Board would like to remove those rules as soon as possible, in order to streamline its regulations, and bring this process to conclusion. Accordingly, the Board members voted to instruct me to ask that the Rules Review Commission reschedule the review.
A copy of the Report and comments received are attached to this letter. The Board respectfully requests that the Rules Review Commission review the Report at its September 2017 meeting, or as soon thereafter as is convenient for the Commission.
If you have any questions or need anything else for this request, please let me know. Thank you for your consideration of the request.
Sincerely,
Clinton R. Pinyan
CRP:lj
Enclosures
| Subchapter | Rule Section | Rule Citation | Rule Name | Date and Last Agency Action on the Rule | Agency Determination [150B-21.3A(c)(1)a] | Implements or Conforms to Federal Regulation [150B-21.3A(e)] | Federal Regulation Citation | Public Comment Received [150B-21.3A(c)(1)] | Agency Determination Following Public Comment [150B-21.3A(c)(1)] | RRC Determination of Public Comments [150B-21.3A(c)(2)] | RRC Final Determination of Status of Rule for Report to APO [150B-21.3A(c)(2)] | OAH Next Steps |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| SECTION .1200 - ORGANIZATION OF THE BOARD | 21 NCAC 46 .1201 | GENERAL PURPOSE OF THE BOARD | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1200 - ORGANIZATION OF THE BOARD | 21 NCAC 46 .1202 | ELECTION OF OFFICERS OF THE BOARD | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Select One | Select One | ||
| SECTION .1200 - ORGANIZATION OF THE BOARD | 21 NCAC 46 .1203 | MEETINGS OF THE BOARD | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Select One | Select One | ||
| SECTION .1200 - ORGANIZATION OF THE BOARD | 21 NCAC 46 .1205 | FISCAL YEAR | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Select One | Select One | ||
| SECTION .1200 - ORGANIZATION OF THE BOARD | 21 NCAC 46 .1206 | FEES | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1300 - GENERAL DEFINITIONS | 21 NCAC 46 .1317 | DEFINITIONS | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1401 | REGISTRATION AND PERMITS | Amended Eff. May 1, 1997 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1410 | PERSONNEL | Eff. May 1, 1997 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1411 | RESPONSIBILITIES OF THE PHARMACIST-MANAGER | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1412 | PHYSICAL REQUIREMENTS | Amended Eff. January 1, 2015 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1413 | ABSENCE OF PHARMACIST | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1414 | DRUG DISTRIBUTION AND CONTROL | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1415 | MEDICATION IN HEALTH CARE FACILITY EMERGENCY DEPARTMENTS | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1416 | REPACKAGING | Eff. May 1, 1997 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1417 | REMOTE MEDICATION ORDER PROCESSING SERVICES | Amended Eff. December 1, 2015 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES | 21 NCAC 46 .1418 | SUPERVISION OF UNIT DOSE MEDICATION SYSTEMS | Eff. June 18, 2011 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1501 | APPLICATION | Amended Eff. July 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1502 | AGE | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1503 | EXPERIENCE IN PHARMACY | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1504 | EDUCATION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1505 | EXAMINATION | Amended Eff. April 1, 2004 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1500 - ADMISSION REQUIREMENTS: EXAMINATIONS | 21 NCAC 46 .1506 | RULES OF EXAMINATION CONDUCT | Amended Eff. May 1, 1989 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1601 | PHARMACY PERMITS | Amended Eff. November 1, 2012 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1602 | LICENSE BY RECIPROCITY | Amended Eff. February 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1603 | WHEN NEW PERMIT REQUIRED | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1604 | WHEN NEW PERMIT NOT REQUIRED | Amended Eff. June 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1605 | CHARGE FOR VERIFICATION FOR REINSTATEMENT | Amended Eff. February 1, 2006 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1606 | REQUIREMENT OF PERSONAL APPEARANCE | Amended Eff. April 1, 2003 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1607 | OUT-OF-STATE PHARMACIES | Amended Eff. March 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1608 | DEVICE AND MEDICAL EQUIPMENT PERMITS | Amended Eff. April 1, 2007 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1609 | PERMIT RENEWAL | Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1610 | REINSTATEMENT OF FORFEITED LICENSING PRIVILEGES | Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1611 | FEE FOR SUBMITTAL OF DISHONORED AND RETURNED CHECK | Amended Eff. February 1, 2006 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1612 | REINSTATEMENT OF LICENSES AND PERMITS | Amended Eff. March 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1613 | EXTENSION PERIOD FOR CERTAIN MEMBERS OF THE ARMED FORCES | Eff. April 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1600 - LICENSES AND PERMITS | 21 NCAC 46 .1614 | SUSPENSION OF AUTHORITY TO EXPEND FUNDS | Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1700 - DRUGS DISPENSED BY NURSE OR PHYSICIAN'S ASSISTANT | 21 NCAC 46 .1703 | DRUGS TO BE DISPENSED | Amended Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1700 - DRUGS DISPENSED BY NURSE OR PHYSICIAN'S ASSISTANT | 21 NCAC 46 .1706 | RETROSPECTIVE REVIEW AND CONSULTATION | Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1801 | EXERCISE OF PROFESSIONAL JUDGMENT IN FILLING PRESCRIPTIONS | Amended Eff. August 1, 2015 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1802 | PRESCRIPTION REFILLS | Amended Eff. September 1, 1993 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1803 | PRESCRIPTION RECORDS | Eff. April 1, 1983 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1804 | PRESCRIPTION: RECEIVING AND DISPENSING | Amended Eff. April 1, 2004 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1805 | DISPENSING DRUGS WITHOUT A PRESCRIPTION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1806 | TRANSFER OF PRESCRIPTION INFORMATION | Amended Eff. June 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1808 | REPACKAGED PHARMACEUTICALS | Eff. December 1, 1991 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1809 | EMERGENCY PRESCRIPTION REFILLS | Amended Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1811 | EXCESSIVE DISPENSING OF PRESCRIPTION DRUGS | Eff. July 1, 1996 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1812 | CHANGES IN PRESCRIPTION ORDERS | Eff. April 1, 1997 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1813 | TRANSMISSION OF PRESCRIPTION ORDERS | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1814 | AUTOMATED DISPENSING OR DRUG SUPPLY DEVICES | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1815 | EMERGENCY PRESCRIPTION REFILL DUE TO INTERRUPTION OF MEDICAL SERVICES | Eff. August 1, 2000 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1816 | PROCEDURES FOR CENTRALIZED PROCESSING OF PRESCRIPTION ORDERS | Eff. August 1, 2000 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1817 | PROOF OF IDENTIFICATION | Eff. August 1, 2002 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1800 - PRESCRIPTIONS | 21 NCAC 46 .1818 | PRESCRIPTION LABELS | Eff. January 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1901 | DEFINITION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1902 | APPLICATION FOR PHARMACIST'S LICENSE | Amended Eff. May 1, 1989 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1903 | APPLICATION FOR PHARMACY PERMIT | Eff. April 1, 1983 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1904 | RENEWAL OF PHARMACIST'S LICENSE | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1905 | REPLACEMENT OF CERTIFICATES | Eff. April 1, 1983 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1906 | RECIPROCITY DATA QUESTIONNAIRE | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1907 | APPLICATION FOR RECIPROCITY | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1908 | REGISTRATION FOR PRACTICAL PHARMACY TRAINING | Eff. April 1, 1983 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1909 | PRACTICAL PHARMACY EXPERIENCE | Eff. April 1, 1983 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1911 | CERTIFICATE OF GRADUATION | Amended Eff. May 1, 1989 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1912 | APPLICATION FOR REGISTRATION AS A DISPENSING PHYSICIAN | Eff. February 1, 1991 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .1900 - FORMS | 21 NCAC 46 .1913 | APPLICATION FOR DEVICE DISPENSING PERMIT | Eff. February 1, 1991 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2001 | RIGHT TO HEARING | Amended Eff. October 1, 1990 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2004 | REQUEST FOR HEARING | Amended Eff. August 1, 2002 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2005 | GRANTING OR DENYING HEARING REQUEST | Eff. July 1, 1988 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2006 | NOTICE OF HEARING | Amended Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2007 | WHO SHALL HEAR CONTESTED CASES | Amended Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2008 | INFORMAL PROCEDURES | Amended Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2009 | PETITION FOR INTERVENTION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2010 | TYPES OF INTERVENTION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2011 | DISQUALIFICATION OF BOARD MEMBERS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2013 | SUBPOENAS | Eff. September 1, 1988 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2014 | WITNESSES | Eff. July 1, 1988 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2015 | FINAL DECISION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2000 - ADMINISTRATIVE PROVISIONS | 21 NCAC 46 .2016 | PROPOSALS FOR DECISIONS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2102 | ELIGIBILITY TO VOTE | Amended Eff. September 1, 1995 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2103 | GEOGRAPHIC REPRESENTATIONS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2104 | COMMITTEE ON NOMINATIONS | Amended Eff. July 1, 1996 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2105 | NOMINATION BY PETITION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2106 | CONSENT TO NOMINATION | Eff. April 1, 1983 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2107 | BALLOTS: CASTING AND COUNTING | Amended Eff. January 1, 2009 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2108 | DETERMINATION OF ELECTION RESULTS | Amended Eff. December 1, 2001 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2100 - ELECTIONS | 21 NCAC 46 .2109 | DEVICE AND MEDICAL EQUIPMENT COMMITTEE REPRESENTATIVES | Amended Eff. April 1, 2003 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2200 - CONTINUING EDUCATION | 21 NCAC 46 .2201 | HOURS: RECORDS: PROVIDERS: CORRESPONDENCE: RECIPROCITY | Amended Eff. January 1, 2018 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2300 - PRESCRIPTION INFORMATION AND RECORDS | 21 NCAC 46 .2301 | PRESCRIPTION: DRUG ORDER REQUIREMENTS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2300 - PRESCRIPTION INFORMATION AND RECORDS | 21 NCAC 46 .2302 | RECORDS OF DISPENSING | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2300 - PRESCRIPTION INFORMATION AND RECORDS | 21 NCAC 46 .2303 | RECORDS OF PRESCRIPTION FILLING AND REFILLING | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2300 - PRESCRIPTION INFORMATION AND RECORDS | 21 NCAC 46 .2304 | AUTOMATED DATA PROCESSING SYSTEMS | Amended Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2300 - PRESCRIPTION INFORMATION AND RECORDS | 21 NCAC 46 .2305 | SECURITY | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2400 - DISPENSING IN HEALTH DEPARTMENT | 21 NCAC 46 .2401 | MEDICATION IN HEALTH DEPARTMENTS | Amended Eff. September 1, 2016 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2400 - DISPENSING IN HEALTH DEPARTMENT | 21 NCAC 46 .2402 | TRAINING OF HEALTH DEPARTMENT NURSES | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2400 - DISPENSING IN HEALTH DEPARTMENT | 21 NCAC 46 .2403 | DRUGS AND DEVICES TO BE DISPENSED | Amended Eff. September 1, 2016 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2501 | SUPERVISION | Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2502 | RESPONSIBILITIES OF PHARMACIST-MANAGER | Amended Eff. April 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2503 | RESEARCH PARTICIPATION | Eff. May 1, 1989 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2504 | PATIENT COUNSELING | Amended Eff. June 1, 2004 | Necessary without substantive public interest | Yes If yes, include the citation to the federal law | Omnibus Budget and Reconciliation Act of 1990, P.L. 101-508 | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | |
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2505 | VETERINARY PRESCRIPTION DRUGS | Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2506 | EXCEPTIONS TO HEALTH CARE PRACTITIONERS IDENTIFICATION REQUIREMENTS | Eff. August 1, 2002 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2507 | ADMINISTRATION OF VACCINES BY PHARMACISTS | Amended Eff. September 1, 2014 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2508 | ELECTRONIC RECORDS | Eff. March 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2509 | AVAILABILITY OF PHARMACY RECORDS | Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2510 | WAIVER OF ENFORCEMENT | Eff. July 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2511 | CHARGE FOR STATUS AFFIDAVIT | Eff. March 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2512 | PHARMACIST WORK CONDITIONS | Eff. April 1, 2007 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2500 - MISCELLANEOUS PROVISIONS | 21 NCAC 46 .2513 | DRUG, SUPPLIES AND MEDICAL DEVICE REPOSITORY PROGRAM | Eff. June 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2601 | DISPENSING AND DELIVERY | Amended Eff. March 1, 2006 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2602 | ORDERS | Amended Eff. April 1, 1997 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2603 | EDUCATION AND TRAINING | Amended Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2604 | RECORDS | Amended Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2605 | REGISTRATION OF NON-PHARMACISTS | Amended Eff. April 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2606 | CONVEYING WARNINGS | Amended Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2607 | AVAILABILITY OF RECORDS | Amended Eff. February 1, 2007 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2608 | DISPENSING OF MEDICAL OXYGEN | Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2609 | REHABILITATION EQUIPMENT | Amended Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2610 | MEDICAL GAS, OXYGEN AND RESPIRATORY RELATED EQUIPMENT | Eff. September 1, 1995 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2611 | MEDICAL EQUIPMENT | Amended Eff. April 1, 1999 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2612 | STORAGE OF DEVICES AND MEDICAL EQUIPMENT | Amended Eff. November 1, 2015 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2600 - DEVICES | 21 NCAC 46 .2613 | DEVICES AND MEDICAL EQUIPMENT IN POSSESSION OF PERMIT HOLDERS | Eff. April 1, 2007 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2701 | REQUIREMENTS | Eff. October 1, 1990 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2702 | DEFINITIONS | Amended Eff. February 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2703 | OBTAINING A NUCLEAR PHARMACY PERMIT | Amended Eff. February 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2704 | REQ FOR PHARMACIES PROVIDING RADIOPHARMACEUTICAL SERVICES | Amended Eff. February 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2705 | LABELING REQUIREMENTS OF RADIOPHARMACEUTICALS | Eff. January 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2700 - NUCLEAR PHARMACY | 21 NCAC 46 .2706 | PROHIBITIONS | Eff. January 1, 2005 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .2800 - COMPOUNDING | 21 NCAC 46 .2801 | COMPOUNDING | Amended Eff. January 1, 2015 | Necessary without substantive public interest | Yes If yes, include the citation to the federal law | 21 U.S.C. § 353a | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | |
| SECTION .2900 - PRODUCT SELECTION | 21 NCAC 46 .2901 | RETURN OF OUTDATED DRUGS | Amended Eff. July 1, 2011 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3000 - DISPOSAL OF UNWANTED DRUGS | 21 NCAC 46 .3001 | PROCEDURE FOR DISPOSING OF DRUGS | Eff. October 1, 1993 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3100 - GENERAL DEFINITIONS | 21 NCAC 46 .3101 | CLINICAL PHARMACIST PRACTITIONER | Amended Eff. July 1, 2016 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3201 | DEFINITIONS | Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3202 | PEER REVIEW AGREEMENTS | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3203 | DUE PROCESS | Amended Eff. March 1, 2004 | Unnecessary | No | No | Unnecessary | Select One | Unnecessary and should expire on the first day of the month following the consultation | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3204 | RECEIPT AND USE OF INFORMATION OF SUSPECTED IMPAIRMENT | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3205 | INTERVENTION AND REFERRAL | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3206 | MONITORING TREATMENT | Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3207 | MONITORING REHABILITATION AND PERFORMANCE | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3208 | MONITORING POST-TREATMENT SUPPORT | Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3209 | REPORTS OF INDIVIDUAL CASES TO THE BOARD | Amended Eff. March 1, 2004 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3210 | PERIODIC REPORTING OF STATISTICAL INFORMATION | Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3200 - PEER REVIEW AGREEMENTS | 21 NCAC 46 .3211 | CONFIDENTIALITY | Eff. April 1, 2001 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| 21 NCAC 46 .3301 | REGISTRATION | Amended Eff. July 1, 2015 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | |||
| SECTION .3400 - AUTOMATED DISPENSING ON DRUG SUPPLY DEVICES | 21 NCAC 46 .3401 | DEFINITIONS | Amended Eff. December 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3400 - AUTOMATED DISPENSING ON DRUG SUPPLY DEVICES | 21 NCAC 46 .3402 | GENERAL REQUIREMENTS FOR THE USE OF AUTOMATED MEDICATION SYSTEMS | Amended Eff. December 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3400 - AUTOMATED DISPENSING ON DRUG SUPPLY DEVICES | 21 NCAC 46 .3404 | STOCKING OR RESTOCKING OF AN AUTOMATED MEDICATION SYSTEM | Amended Eff. December 1, 2013 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One | ||
| SECTION .3500 - CONTROLLED SUBSTANCES REPORTING SYSTEM | 21 NCAC 46 .3501 | REPORTS FROM THE CONTROLLED SUBSTANCES REPORTING SYSTEM | Eff. March 1, 2014 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | Select One | Necessary without substantive public interest and should remain in effect without further action | Select One |
Introduction:
In response to its request for comments on its Periodic Rule Review Report, the Board of Pharmacy received comments from a total of four commenters, commenting on four rules (or related series of rules). All of these comments are attached in their entirety. None of the four commenters addressed the Periodic Rule Review Report, the Board's categorization of any rule in the Periodic Rule Review Report, any of the standards for review by the Commission set forth in G.S. 150B-21.9(a), or anything else pertinent to the rule review process. Instead, all four commenters are best characterized as submitting belated public comments on rulemaking proceedings that were completed within the preceding year (and most of those comments are about a version of a rule that has not even taken effect yet). Therefore, nothing in the comments leads the Board to conclude that it should change the characterization of any rule in the Periodic Rule Review Report.
21 NCAC 46 .1505
Comment:
I fully support limiting the number of attempts to pass the North American Pharmacist Licensure Examination and Multistate Pharmacy Jurisprudence Examination and codifying a cap on the number of attempts. I believe the standards for practicing pharmacy should be high to ensure appropriate pharmaceutical care for patients. Learning that persons can have 5 attempts to pass examinations is very concerning. I hope the board will consider further reducing the number of attempts one person can have to pass examination. I support reducing the number of attempts to 3 which I think is very generous. If a person is not able to pass the exam after 3 attempts, I believe that they have chosen the wrong profession.
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a rule amendment that was approved by the Commission at its meeting on April 20, 2017 and that, to the Board's knowledge, has not yet been entered into the Code. Moreover, the commenter merely expresses his general agreement with the substance of the rule, along with his policy position that the rule amendment should have been even more restrictive than it is.
21 NCAC 46 .2102, .2104, .2105, .2107 and .2108
Comment:
I fully support this proposal as pharmacist participation in elections is very low as reported in your newsletter. Participation is likely to increase with pharmacists logging into the North Carolina Board of Pharmacy website for renewals and then seeing election information at that time.
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a set of rule amendments that was approved by the Commission at its meeting on April 20, 2017 and that, to the Board's knowledge, has not yet been entered into the Code. Moreover, the commenter merely expresses his policy agreements with the substance of the rule amendments.
21 NCAC 46 .2201
Comment:
I've been working pediatrics evening shift at UNC Hospitals for the past 20 years. Most local/regional pediatric conferences are run by nursing educatioinal organizations - like SEHEC, Moses Cone, or UNC. All conferences I've attended over the years do cover drug therapy in pediatrics. However, they aren't registered with AACP or other pharmacy agencies for CE because there aren't many RPh attending. The audiences are mostly RNs, NPs, and MDs. I'd like to continue attending these as they ARE VERY USEFUL to my practice, are affordable (~$180 for all day), and require me to only take one day off from work because I can drive to them. I hope there is some way to work out an exception - they always issue a certificate at the end - I could save handouts to prove content if audited as well. There aren't many AACP approved pediatric conferences in our state.
This is an example of the pediatric conferences offered locally I described in my previous email.
From: UNC-CH, Center for Lifelong Learning [Nursing_cll@unc.edu]
Sent: Wednesday, February 22, 2017 15:40
To: Sebastian, Georganne
Subject: Practice, Research, and Teaching Institutes open for registration!
You are receiving this email because you are subscribed to the following lists - SON Day-long Programs.
Experience lifelong learning-- integrating practice, research, and teaching.
| Event Information | Registration Links |
|---|---|
Practice, Research, and Teaching Institutes open for registration! |
Registration OpenMarch 11, 2017 |
Excellence in Teaching for Nurse EducatorsWhen: Monday, May 22, 2017 8:00 AM - Friday, June 2, 2017 4:30 PM
Click here for more information: Click here for the event summary Instrumentation: Development, Testing, & Revision |
ConferenceMarch 24, 2017 Summer InstitutesMay 22, 23,24 & June 1 , 2, 2017 |
|
When: Monday, July 31, 2017 8:00 AM - Friday, August 4, 2017 5:00 PM
Click here for more information: Click here for the event summary |
Registration Opening Soon!September 11-15, 2017 About UsWe provide opportunities and resources for nurses with different educational and experiential backgrounds to maintain and expand their knowledge, skills, and competencies to meet their current and future needs in |
History Taking and Physical AssessmentWhen: Tuesday, August 1, 2017 8:00 AM - Thursday, August 3, 2017 5:00 PM Immersive lab practice will be held at the UNC at Chapel Hill School of Nursing August 1-3, 2017.
Click here for more information: Click here for the event summary |
practice, education, and research. The University of North Carolina at Chapel Hill School of Nursing is accredited as a provider of continuing nursing education (CNE) by the American Nurses Credentialing Center's Commission on Accreditation (ANCC). |
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a rule amendment that was approved by the Commission at its meeting on February 16, 2017 and that will not go into effect until January 2018. Moreover, the commenter supports the version of 21 NCAC 46. 2201 that is currently in effect and is the subject of the periodic rule review and, instead, presents policy arguments against the judgments made in the version of 21 NCAC 46 .2201 that will not go into effect until January 2018.
Comment:
Dear Director Campbell and Board,
Regarding the proposed changes to reporting/documentation of CE -- please Nooooo! The changes would do away with the 2 features I (and many others) love most about the current system in NC: the ability to carry over credits, and the ability to use a variety of sources as CE.
I know many pharmacists (including myself) who might complete a module for maintenance of board certification or attend a national conference and earn 20-25 credits in one year, but then do not or cannot do the same the next year. Under the current system, at least some of those excess credits are usable as carryover, but under the proposed system they would be simply be lost and go to waste.
I also love that NC recognizes many forms of professional education as CE, such as BLS/ACLS/PALS education, which are vital in the hospital setting.
I find it surprising and disappointing that so many pharmacists apparently complain about having to enter their credits into the BOP website -- it only takes about 1 minute per item, and most pharmacists I have discussed this with actually LIKE entering them because it's very helpful for our own ability to track our CE! Especially since the website determines and marks the carryover credits.
Thank you for your consideration of my opinion. I have discussed this with many coworkers and have heard mostly strong agreement with these views.
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a rule amendment that was approved by the Commission at its meeting on February 16, 2017 and that will not go into effect until January 2018. Moreover, the commenter supports the version of 21 NCAC 46. 2201 that is currently in effect and is the subject of the periodic rule review and, instead, presents policy arguments against the judgments made in the version of 21 NCAC 46 .2201 that will not go into effect until January 2018.
Comment:
I am very pleased with the current system for tracking continuing credits. I understand that you receive some complaints each year from some pharmacists. With any system, it is very likely some people will disagree with the system. My hope is that you will know there are likely very many pharmacists who are happy with the current system and do not wish to see it change. I am one of those pharmacists.
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a rule amendment that was approved by the Commission at its meeting on February 16, 2017 and that will not go into effect until January 2018. Moreover, to the extent that a position can be ascertained, the commenter appears to support the version of 21 NCAC 46. 2201 that is currently in effect and is the subject of the periodic rule review and, instead, presents policy arguments against the judgments made in the version of 21 NCAC 46 .2201 that will not go into effect until January 2018.
21 NCAC 46 .3101
Comment:
Greetings!
I would like to comment on 21 NCAC 46 .3101
While CPP has been a great thing for pharmacists, prescribers, and patient's alike in NC, the rules and structure around it fits the outpatient world in which it was conceived. I work as an inpatient pharmacist within a large health system in NC. We are trying to create a safe and efficient structure by which inpatient hospital pharmacists can practice at the top of their license. On the inpatient side multiple pharmacists would need to have multiple agreements with different physicians. Current structure of rules and agreements may not quite support that. It would be great if we could create templated agreements wherein multiple pharmacists and MDs could sign, that delineate clearly the competencies and activities which said pharmacists could engage.
I hope that makes sense. I'd be glad to discuss the thoughts if it would help. Have put multiple contacts below.
Thanks for all you guys do!
Response:
This comment does not appear to address the existing rule review process or any the standards for review by the Commission set forth in G.S. 150B-21.9(a). Instead, this is a belated public comment for a rule amendment that was approved by the Commission at its meeting on April 21, 2016. To the extent that the commenter believes that the rule prohibits "agreements wherein multiple pharmacists and MDs could sign," that is a misunderstanding of the substance of the rule, which does in fact permit multiple pharmacists and physicians to sign Clinical Pharmacist Practitioner agreements. And, even if the view were correct, the comment would merely state a policy difference with 21 NCAC 46. 3101. Finally, to the extent that the commenter believes that the Board should provide "template" agreements to assist the public in carrying out the rule, that comment would not address the substance of the rule at all, and the Board has already created such templates.
From: Felts, John <john.felts@dhhs.nc.gov>
Sent: Monday, March 20, 2017 4:52 PM
To: Rule Review
Subject: Feedback on 3 Items listed on January 2017 newsletter
Attachments: NC BOP LETTER.docx
Greetings,
I have attached some feedback for 3 items. I thank you for the opportunity to share feedback.
Kind Regards,
John Felts
License --682
919-575-1288
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official. Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement effort, is prohibited by law. If you have received this e-mail in error, please notify the sender immediately and delete all records of this e-mail.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official. Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement effort, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete all records of this email.
Dear North Carolina Board of Pharmacy 3/20/17
I respectfully submit my thoughts about 3 items you are asking for comments.
Item 2342-Continuing Education
I am very pleased with the current system for tracking continuing credits. I understand that you receive some complaints each year from some pharmacists. With any system, it is very likely some people will disagree with the system. My hope is that you will know there are likely very many pharmacists who are happy with the current system and do not wish to see it change. I am one of those pharmacists.
Item 2344-Licensure by Examination
I fully support limiting the number of attempts to pass the North American Pharmacist Licensure Examination and Multistate Pharmacy Jurisprudence Examination and codifying a cap on the number of attempts. I believe the standards for practicing pharmacy should be high to ensure appropriate pharmaceutical care for patients. Learning that persons can have 5 attempts to pass examinations is very concerning, I hope the board will consider further reducing the number of attempts one person can have to pass examination, I support reducing the number of attempts to 3 which I think is very generous. If a person is not able to pass the exam after 3 attempts, I believe that they have chosen the wrong profession.
Item 2343- Proposal to align elections with license renewal
I fully support this proposal as pharmacist participation in elections is very low as reported in your newsletter. Participation is likely to increase with pharmacists logging into the North Carolina Board of Pharmacy website for renewals and then seeing election information at that time.
Respectfully Submitted,
John Felts
MDC Pharmacy Services
1600 East C Street
Butner, NC 27509
From: Kirk P Robinson <kirk2mel@msn.com>
Sent: Wednesday, February 22, 2017 2:47 PM
To: Rule Review
Subject: proposed changes to CE policy
Dear Director Campbell and Board,
Regarding the proposed changes to reporting/documentation of CE -- please Nooooo! The changes would do away with the 2 features I (and many others) love most about the current system in NC: the ability to carry over credits, and the ability to use a variety of sources as CE.
I know many pharmacists (including myself) who might complete a module for maintenance of board certification or attend a national conference and earn 20-25 credits in one year, but then do not or cannot do the same the next year. Under the current system, at least some of those excess credits are usable as carryover, but under the proposed system they would be simply be lost and go to waste.
I also love that NC recognizes many forms of professional education as CE, such as BLS/ACLS/PALS education, which are vital in the hospital setting.
I find it surprising and disappointing that so many pharmacists apparently complain about having to enter their credits into the BOP website -- it only takes about 1 minute per item, and most pharmacists I have discussed this with actually LIKE entering them because it's very helpful for our own ability to track our CE! Especially since the website determines and marks the carryover credits.
Thank you for your consideration of my opinion. I have discussed this with many coworkers and have heard mostly strong agreement with these views.
Sincerely,
Melissa Chapel, PharmD
Clinical Staff Pharmacist, Novant Brunswick Medical Center
910-769-4230
From: Sebastian, Georganne <Georganne.Sebastian@unchealth.unc.edu>
Sent: Wednesday, February 22, 2017 7:53 PM
To: Rule Review
Subject: example
This is an example of the pediatric conferences offered locally I described in my previous email.
Georganne Sebastian,MS,RPh
Pediatric Pharmacist
UNC Children's Hospital
984-974-6679
From: UNC-CH, Center for Lifelong Learning [Nursing_cll@unc.edu]
Sent: Wednesday, February 22, 2017 15:40
To: Sebastian, Georganne
Subject: Practice, Research, and Teaching Institutes open for registration!
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Instrumentation: Development, Testing, & Revision
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Where: Chapel Hill, NC
What: Blending real life examples and humor with theoretical knowledge, Dr. Lynn has designed this invaluable four-and-a-half-day institute for doctorally-prepared researchers and educators, post-doctoral fellows and doctoral students to advance their knowledge in instrument development and testing beyond that typically taught in graduate research courses.
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September 8, 2017
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September 22, 2017
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September 29, 2017
Emerging Trends in Nursing Education: Virtual Simulation
October 13, 2017
9th Annual Excellence in Maternity Care
October 27, 2017
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November 3, 2017
- Discuss and differentiate the concepts of reliability and validity beyond that traditionally taught in graduate research courses
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November 10, 2017
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History Taking and Physical Assessment
When: Tuesday, August 1, 2017 8:00 AM - Thursday, August 3, 2017 5:00 PM
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From: Sebastian, Georganne <Georganne.Sebastian@unchealth.unc.edu>
Sent: Wednesday, February 22, 2017 7:48 PM
To: Rule Review
Subject: comment
I've been working pediatrics evening shift at UNC Hospitals for the past 20 years. Most local/regional pediatric conferences are run by nursing educatioinal organizations - like SEHEC, Moses Cone, or UNC. All conferences I've attended over the years do cover drug therapy in pediatrics. However, they aren't registered with AACP or other pharmacy agencies for CE because there aren't many RPh attending. The audiences are mostly RNs, NPs, and MDs. I'd like to continue attending these as they ARE VERY USEFUL to my practice, are affordable (~$180 for all day), and require me to only take one day off from work because I can drive to them. I hope there is some way to work out an exception - they always issue a certificate at the end - I could save handouts to prove content if audited as well. There aren't many AACP approved pediatric conferences in our state.
Georganne Sebastian,MS,RPh
Pediatric Pharmacist
UNC Children's Hospital
984-974-6679
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From: Hartis, Charles E <cehartis@novanthealth.org>
Sent: Wednesday, February 22, 2017 2:51 PM
To: Rule Review
Subject: Comment on CPP rules
Greetings!
I would like to comment on 21 NCAC 46 .3101
While CPP has been a great thing for pharmacists, prescribers, and patient's alike in NC, the rules and structure around it fits the outpatient world in which it was conceived. I work as an inpatient pharmacist within a large health system in NC. We are trying to create a safe and efficient structure by which inpatient hospital pharmacists can practice at the top of their license. On the inpatient side multiple pharmacists would need to have multiple agreements with different physicians. Current structure of rules and agreements may not quite support that. It would be great if we could create templated agreements wherein multiple pharmacists and MDs could sign, that delineate clearly the competencies and activities which said pharmacists could engage.
I hope that makes sense. I'd be glad to discuss the thoughts if it would help. Have put multiple contacts below.
Thanks for all you guys do!
Charles Hartis, PharmD
Work email(s): cehartis@novanthealth.org, chartis@wakehealth.edu
Cell: 336-655-1791
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