North Carolina Administrative Code

21 ncac 32h .0505 CERTIFICATION REQUIREMENTS: EMT-DEFIBRILLATION History Note: Authority G.S. 143-514; Eff. May 1, 1988; Amended Eff. August 1, 1998; August 1, 1996; April 1, 1993; May 1, 1989; Repealed Eff. April 1, 2003.

21 ncac 32h .0506 CERTIFICATION REQUIREMENTS: EMERGENCY MEDICAL DISPATCHER History Note: Authority G.S. 143-514; Eff. July 1, 1996; Amended Eff. August 1, 1998; August 1, 1996; Repealed Eff. April 1, 2003.

21 ncac 32h .0507 APPROVAL REQUIREMENTS: PHYSICIAN ASSISTANT AND NURSE PRACTITIONER History Note: Authority G.S. 143-514; Eff. August 1, 1996; Amended Eff. August 1, 1998; Repealed Eff. April 1, 2003.

21 ncac 32h .0508 AEROMEDICAL MEDICAL CREW MEMBERS History Note: Authority G.S. 143-514; Eff. August 1, 1998; Repealed Eff. April 1, 2003.

21 NCAC 32H .0603 EFFECTIVE DATE History Note: Authority G.S. 143-514; Eff. October 31, 1980; Amended Eff. August 1, 1984; Repealed Eff. May 1, 1988.

SECTION .0700 - EXCEPTIONS 21 ncac 32h .0701 CONDITIONS History Note: Authority G.S. 143-514; Eff. October 31, 1980; Amended Eff. August 1, 1996; April 1, 1993; May 1, 1989; May 1, 1988; Repealed Eff. April 1, 2003.

21 NCAC 32H .0702 REQUESTS History Note: Authority G.S. 143-514; Eff. October 31, 1980; Amended Eff. May 1, 1988; RRC Objection Eff. April 18, 1996 due to lack of statutory authority; RRC returned rule to agency on June 20, 1996; Codifier of Rules removed rule from the NCAC Eff. …

21 ncac 32h .1004 AIR AMBULANCE PROGRAM CRITERIA History Note: Authority G.S. 143-514; Eff. October 1, 1986; Amended Eff. August 1, 1998; April 1, 1993; May 1, 1989; May 1, 1988; Repealed Eff. April 1, 2003.

SUBCHAPTER 32K - NORTH CAROLINA PHYSICIANS HEALTH PROGRAM SECTION .0100 - GENERAL INFORMATION 21 NCAC 32K .0101 DEFINITIONS In addition to the terms set forth in G.S. 90-21.22, the following definitions apply to this Subchapter: (1) "Compliance Committee" means the committee that…

SECTION .0200 - GUIDELINES FOR PROGRAM ELEMENTS 21 NCAC 32K .0201 RECEIPT AND USE OF INFORMATION OF POTENTIAL IMPAIRMENT Information concerning a Participant may be received by the Program through reports from any source. Upon receipt of information of a potential impairment, the…

21 NCAC 32K .0202 ASSESSMENT AND REFERRAL When an initial screening interview reveals that assessment, treatment, or monitoring is indicated, the Program shall advise the Participant and referral source of the findings and recommendations. The Program shall develop a plan designe…

21 NCAC 32K .0203 MONITORING TREATMENT SOURCES The Program shall monitor the cost of treatment. Treatment sources receiving referrals from the Program also shall be monitored as to their ability to provide: (1) medical and non-medical staffing; (2) treatment; (3) facilities; and …

21 NCAC 32K .0204 MONITORING REHABILITATION AND PERFORMANCE (a) If a Participant is referred to the Program by the Board, and if the Program finds that treatment or monitoring are appropriate, the Program shall ask the Participant to sign a monitoring contract. If the Participant…

21 NCAC 32K .0205 MONITORING POST-TREATMENT SUPPORT History Note: Authority G.S. 90-21.22; Eff. August 1, 1988; Amended Eff. April 1, 2009; May 1, 1989; Repealed Eff. July 1, 2017.

21 NCAC 32K .0206 REPORTS OF INDIVIDUAL CASES TO THE BOARD The Program shall submit a report to the Board on a bi-monthly basis regarding the status of all Participants known to the Board. The Program shall report immediately to the Board information about any licensee as require…

21 NCAC 32K .0207 PERIODIC REPORTING OF STATISTICAL INFORMATION On a quarterly basis and upon request by the Board, the Program shall provide statistical and demographic information concerning potential impairments, existing impairments, self-referrals, post-treatment support, an…

21 NCAC 32K .0208 CONFIDENTIALITY History Note: Authority G.S. 90-21.22; Eff. August 1, 1988; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2017.

21 NCAC 32K .0209 REVIEW COMMITTEE (a) A Review Committee exists for Participants to request reconsideration of Program staff findings and recommendations in the following areas: (1) General nature of diagnosis; (2) Need for additional assessment beyond Program; (3) Need for trea…

SUBCHAPTER 32M - APPROVAL OF NURSE PRACTITIONERS 21 NCAC 32M .0101 DEFINITIONS The following definitions apply to this Subchapter: (1) "Approval to Practice" means authorization by the Joint Subcommittee of the Medical Board and the Board of Nursing for a nurse practitioner to pr…

21 NCAC 32M .0102 SCOPE OF PRACTICE The nurse practitioner's scope of practice is defined by academic educational preparation and national certification and maintained competence. A nurse practitioner shall be held accountable by both Boards for a broad range of personal health s…

21 NCAC 32M .0103 NURSE PRACTITIONER REGISTRATION (a) The Board shall register an applicant as a nurse practitioner who: (1) has an active unencumbered license or privilege to practice as a registered nurse in North Carolina or compact state and, when applicable, an active unencu…

21 NCAC 32M .0104 PROCESS FOR APPROVAL TO PRACTICE (a) Prior to the performance of any medical acts, a nurse practitioner shall: (1) meet registration requirements as specified in 21 NCAC 32M .0103; (2) submit an application for approval to practice; (3) submit any additional inf…

21 NCAC 32M .0105 Education and certification REQUIREMENTS FOR registration AND APPROVAL as a NURSE PRACTITIONER (a) A nurse practitioner applicant seeking registration or first-time approval to practice after January 1, 2000, shall provide evidence of current certification as a …

21 NCAC 32M .0106 ANNUAL RENEWAL OF APPROVAL TO PRACTICE (a) Each registered nurse who is approved to practice as a nurse practitioner in this State shall annually renew each approval to practice with the Board no later than the last day of the nurse practitioner's birth month by…

21 NCAC 32M .0107 CONTINUING EDUCATION (CE) (a) In order to maintain nurse practitioner approval to practice, the nurse practitioner shall earn 50 contact hours of continuing education activity every two years, beginning with the first renewal after initial approval to practice h…

21 NCAC 32M .0108 INACTIVE STATUS (a) Any nurse practitioner who wishes to place her or his approval to practice on an inactive status shall notify the Board in writing. (b) A nurse practitioner with an inactive approval to practice status shall not practice as a nurse practition…

21 NCAC 32M .0109 PRESCRIBING AUTHORITY (a) The prescribing stipulations contained in this Rule apply to writing prescriptions and ordering the administration of medications. (b) Prescribing and dispensing stipulations are as follows: (1) Drugs and devices that may be prescribed …

21 NCAC 32M .0110 QUALITY ASSURANCE STANDARDS FOR A COLLABORATIVE PRACTICE AGREEMENT The following are the quality assurance standards for a collaborative practice agreement: (1) Availability: The primary or back-up supervising physician(s) and the nurse practitioner shall be con…

21 NCAC 32M .0111 METHOD OF IDENTIFICATION When providing care to the public, the nurse practitioner shall identify herself or himself as specified in G.S. 90-640 and 21 NCAC 36 .0231. History Note: Authority G.S. 90-18(14); 90-640; Eff. January 1, 1991; Recodified from 21 NCAC 3…

21 NCAC 32M .0112 DISCIPLINARY ACTION (a) After notice and hearing in accordance with provisions of G.S. 150B, Article 3A, disciplinary action may be taken by the appropriate Board if one or more of the following is found: (1) violation of G.S. 90-18 and G.S. 90-18.2 or the joint…

21 NCAC 32M .0113 ANNUAL RENEWAL OF NP APPROVAL History Note: Authority G.S. 90-6; 90-18(14); Eff. January 1, 1991; Recodified from 21 NCAC 32M .0110 Eff. January 1, 1996; Repealed Eff. January 1, 1996.

21 NCAC 32M .0114 NP FORMS History Note: Authority G.S. 150B-11; Eff. January 1, 1991; Recodified from 21 NCAC 32M .0112 Eff. January 1, 1996; Repealed Eff. January 1, 1996.

21 NCAC 32M .0115 FEES (a) An application fee of one hundred dollars ($100.00) shall be paid at the time of initial application for approval to practice and each subsequent application for approval to practice. The application fee shall be twenty dollars ($20.00) for the voluntee…

21 NCAC 32M .0116 PRACTICE DURING A DISASTER (a) A nurse practitioner approved to practice in this State or another state may perform medical acts as a nurse practitioner under the supervision of a physician licensed to practice medicine in North Carolina during a disaster in a c…

21 NCAC 32M .0117 REPORTING CRITERIA (a) The Department of Health and Human Services ("Department") may report to the North Carolina Board of Nursing ("Board") information regarding the prescribing practices of those nurse practitioners ("prescribers") whose prescribing: (1) fall…

21 NCAC 32M .0118 definition of consultation for prescribing controlled TARGETED substances For purposes of G.S. 90-18.2(b), the term "consult" shall mean a meaningful communication, occurring either in person or electronically, between the nurse practitioner and a supervising ph…

21 NCAC 32M .0119 COVID-19 DRUG PRESERVATION RULE History Note: Authority G.S. 90-5.1(a)(3); 90-18.2; Emergency Adoption Eff. April 21, 2020; Temporary Adoption Eff. June 26, 2020; Eff. April 1, 2021; Repealed Eff. June 1, 2023.

21 NCAC 32N .0106 DEFINITIONS As used in this Section: (1) "Disciplinary Proceedings" means hearings conducted pursuant to G.S. 90-14.2 through 90-14.7, and Article 3A of Chapter 150B. (2) "Good cause" related to motions or requests to continue or for additional time for respondi…

21 NCAC 32N .0107 INVESTIGATIONS AND COMPLAINTS (a) At the time of first oral or written communication from the Board or staff or agent of the Board to a licensee regarding a complaint or investigation, the Board shall provide the notices set forth in G.S. 90-14(i). (b) A license…

21 NCAC 32N .0108 INVESTIGATIVE INTERVIEWS BY BOARD MEMBERS (a) In addition to formal hearings pursuant to G.S. 90-14 and G.S. 90-14.2, the Board may ask a licensee to attend a non-public interview with members of the Board and staff to discuss a pending complaint or investigatio…

21 NCAC 32N .0109 PRE-CHARGE CONFERENCE (a) Prior to issuing public Notice of Charges and Allegations against a licensee, the Board shall inform the licensee in writing of the right to request a pre-charge conference as set forth in G.S. 90-14(j). The written notice regarding the…

21 NCAC 32N .0110 initiation of disciplinary HEARINGs (a) The Board shall issue a notice of charges and allegations only upon completion of an investigation, a finding by the Board or a committee of the Board that there exists a factual and legal basis for an action pursuant to a…

21 NCAC 32N .0111 CONDUCTING disciplinary HEARINGs (a) Disciplinary hearings conducted before a majority of Board members shall be held at the Board's office or, by mutual consent, in another location where a majority of the Board has convened for the purpose of conducting busine…

21 NCAC 32N .0112 POST HEARING MOTIONS (a) Following a disciplinary hearing either party may request a new hearing or to reopen the hearing for good cause as provided in G.S. 90-14.7. For the purposes of this Rule, good cause is defined as any of the grounds set out in Rule 59 of…

21 NCAC 32N .0113 correction of clerical mistakes Clerical mistakes in orders or other parts of the record from a formal hearing and errors therein arising from oversight or omission may be corrected by the Board President or designated presiding officer at any time on his or her…

21 NCAC 32N .0114 summary suspension (a) If the Board finds that the public health, safety, or welfare requires emergency action, it may, pursuant to G.S. 150B-3(c), summarily suspend a license without a hearing or opportunity for the licensee to be heard. (b) A motion to summari…

SUBCHAPTER 32P - LIMITED LIABILITY COMPANIES 21 NCAC 32P .0101 NAME OF LIMITED LIABILITY COMPANY The name of a limited liability company to practice medicine shall not include any adjectives or other words not in accordance with the ethics of the medical profession. History Note:…

21 NCAC 32P .0102 PREREQUISITES FOR ORGANIZATION (a) Before filing the articles of organization for a limited liability company with the Secretary of State, the organizing members shall submit the following to the Board: (1) a registration fee as set by Rule .0006 of this Subchap…

21 NCAC 32P .0103 CERTIFICATE OF REGISTRATION A Certificate of Registration for a limited liability company shall remain effective until December 31 of each odd-numbered year. A Certificate of Registration shall be renewed biennially on application forms supplied by the Board. Th…

21 NCAC 32P .0104 CHARTER AMENDMENTS AND MEMBERSHIP TRANSFERS The Board shall issue the certificate authorizing transfer of membership when membership is transferred in the company. This transfer form shall be permanently retained by the company. The membership books of the compa…