North Carolina Administrative Code

21 NCAC 34C .0207 REMOVAL OF PACEMAKERS OR OTHER IMPLANTED DEVICES; AUTOPSIED REMAINS; COMMUNICABLE DISEASES (a) No person other than an individual who is licensed by the Board as either an embalmer or funeral service licensee shall remove a pacemaker, defibrillator, or any other…

SECTION .0300 - AUTHORIZATIONS, REPORTS, RECORDS 21 NCAC 34C .0301 AUTHORIZATION TO CREMATE History Note: Authority G.S. 90-210.124; 90-210.126(a); 90-210.134(a); Eff. July 1, 1991; Amended Eff. January 1, 1995; Repealed Eff. July 1, 2004.

21 NCAC 34C .0302 WAIVER FORM All waivers of the waiting period of cremation required by G.S. 90-210.129(e) shall be recorded on forms provided by the Board. The form shall require the official authorized to waive the waiting period for cremation to furnish the statutory basis fo…

21 NCAC 34C .0303 RECORDS OF CREMATION or hydrolysis AND DELIVERY (a) All crematory or hydrolysis licensees shall complete receipts for human remains on Board forms and shall include the following information: (1) name of the crematory or hydrolysis licensee; (2) first, middle, a…

21 NCAC 34C .0304 CREMATION AND DELIVERY FORM History Note: Authority G.S. 90-210.134(a); Eff. July 1, 1991; Repealed Eff. July 1, 2004.

21 NCAC 34C .0305 MONTHLY REPORTS History Note: Authority G.S. 90-210.132; 90-210.134(a); Eff. July 1, 1991; Amended Eff. February 1, 2009; July 1, 2004; Repealed Eff. February 1, 2026.

21 NCAC 34C .0306 RETENTION OF RECORDS A copy of all death certificates, cremation or hydrolysis authorizations, waivers, statements, reports and other documents required by G.S. 90-210.120 through G.S. 90-210.134 and by the rules in this Subchapter shall be retained by the crema…

SUBCHAPTER 34D - PRENEED FUNERAL CONTRACTS SECTION .0100 - GENERAL PROVISIONS 21 NCAC 34D .0101 APPROVAL OF CONTRACT FORMS All preneed funeral contracts shall be transacted on forms prescribed by the Board. The Board may prescribe different forms for standard or inflation-proof c…

21 NCAC 34D .0102 REFUND OF CONTRACT FEES The preneed funeral contract fee, paid as required by G.S. 90-210.67(d), shall be refunded by the Board to the payor only in the event that, because the insurance company refuses to insure the proposed preneed funeral contract beneficiary…

21 NCAC 34D .0103 INSURANCE-FUNDED CONTRACTS A "preneed funeral contract," as defined in G.S. 90-210.60(5), is created when any person, partnership, corporation or association of individuals engaged in the business of providing funeral services or merchandise is named, with knowl…

21 NCAC 34D .0104 INDICATION OF APPROVAL OF FORMS History Note: Authority G.S. 90-210.69(a); 90-210.62(b); Eff. August 2, 1993; Repealed Eff. November 1, 2004.

21 NCAC 34D .0105 CONTRACT COPIES TO BE FILED Within 10 days following the sale of a preneed funeral contract, any person selling the contract shall send a copy of it to the Board, accompanying the fee required by G.S. 90-210.67(d). History Note: Authority G.S. 90-210.69(a); 90-2…

21 NCAC 34D .0106 TRANSFER OF TRUST PRENEED CONTRACTS TO ANOTHER JURISDICTION (a) In order to revoke a preneed funeral contract under G.S. 90-210.65(e)(1), the preneed contract purchaser, or after the death of the preneed contract purchaser, the preneed contract beneficiary or hi…

SECTION .0200 – LICENSING 21 NCAC 34D .0201 PRENEED FUNERAL ESTABLISHMENT LICENSE (a) A funeral establishment wishing to apply for a preneed funeral establishment license shall complete a form provided by the Board. The applicant shall submit, in addition to the information requi…

21 NCAC 34D .0202 PRENEED SALES LICENSE (a) Individuals who hold either an active funeral director's license or an active funeral service license issued by the Board and who have taken two or more hours of continuing education on preneed statutes and rules within the preceding th…

21 NCAC 34D .0203 SURETY BONDS (a) Any applicant for a new preneed funeral establishment license or any preneed licensee required to maintain a surety bond under G.S. 90-210.67(b) shall submit a copy of the bond with its initial application and with each renewal application. The …

section .0300 - operations 21 NCAC 34D .0301 RECORD AND BOOKKEEPING REQUIREMENTS (a) Each preneed funeral establishment licensee shall maintain a file containing: (1) a copy of each of its license applications, including applications for license renewals; (2) copies of all prenee…

21 NCAC 34D .0302 ANNUAL REPORT Each preneed funeral establishment licensee shall file an annual report with the Board. The report shall include the following: (1) the total number of standard and inflation-proof trust-funded and insurance-funded preneed funeral contracts maintai…

21 NCAC 34D .0303 CERTIFICATE OF PERFORMANCE (a) The certificate of performance as required by G.S. 90-210.64(a) shall be a form provided by the Board and shall require the following information: the names, addresses and preneed funeral establishment license numbers of the perfor…

21 NCAC 34D .0304 TRANSFER OF TRUST FUNDS When, pursuant to G.S. 90-210.68(b), a preneed licensee directs a transfer of preneed funds to a substitute financial institution, the preneed license shall direct the financial institution that is a party to the preneed funeral contract …

SUBCHAPTER 34D - PRENEED FUNERAL CONTRACTS SECTION .0300 - OPERATIONS 21 NCAC 34D .0305 TRANSFER OF TRUST FUNDS to insurance funded product (a) When, pursuant to G.S. 90-210.61(d), a preneed licensee withdraws preneed funeral funds from an irrevocable preneed funeral trust to pur…

SECTION .0400 - PRENEED RECOVERY FUND 21 NCAC 34D .0401 DEFINITIONS For the purposes of this section, the following definitions shall apply: (1) "Fund" shall mean the preneed recovery fund as established by G.S. 90-210.66. (2) "Applicant" shall mean a person who has suffered a re…

21 NCAC 34D .0402 APPLICATION FOR REIMBURSEMENT (a) The Board shall furnish a form of application for reimbursement which shall require the following information: (1) The name and address of the applicant. (2) The name and address of the licensee under G.S. 90, Article 13D, who c…

21 NCAC 34D .0403 PROCESSING APPLICATIONS (a) The Board in making investigation of all applications filed for reimbursement from the preneed recovery fund may require the attendance of and examine under oath all persons, including the alleged defalcating licensee, whose testimony…

21 NCAC 34D .0404 SUBROGATION In pursuing a subrogation claim as authorized by G.S. 90-210.66(h), the Board may require the reimbursed applicant to execute a subrogation agreement, providing for, among other things, that the action may be brought in the name of the applicant. Upo…

CHAPTER 36 - BOARD OF NURSING SECTION .0100 - GENERAL PROVISIONS 21 NCAC 36 .0101 LOCATION History Note: Authority G.S. 90-171.23(b)(3); Eff. February 1, 1976; Amended Eff. January 1, 1984; Repealed Eff. January 1, 1986.

21 NCAC 36 .0102 FUNCTIONS History Note: Authority G.S. 90-171.23(b) Eff. February 1, 1976; Amended Eff. January 1, 1983; Repealed Eff. April 1, 1989.

21 NCAC 36 .0103 ORGANIZATION History Note: Authority G.S. 90-159(2); 90-162; Eff. February 1, 1976; Repealed Eff. January 1, 1983.

21 NCAC 36 .0108 PROCEDURE FOR ADOPTION OF RULES History Note: Authority G.S. 90-162; Eff. February 1, 1976; Repealed Eff. January 1, 1983.

21 ncac 36 .0109 SELECTION AND QUALIFICATIONS OF NURSE MEMBERS (a) Vacancies in nurse member positions on the Board that are scheduled to occur during the next year shall be announced in the last issue of the Board's "Bulletin" for the calendar year, which shall be posted on the …

21 NCAC 36 .0110 OPEN MEETINGS History Note: Authority G.S. 90-171.23(a); 143-318.10; Eff. January 1, 1983; Amended Eff. May 1, 1988; July 1, 1984; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

21 NCAC 36 .0111 REMOVAL OF BOARD MEMBERS History Note: Authority G.S. 90-171.21(f); Eff. January 1, 1983; Repealed Eff. January 1, 1986.

21 NCAC 36 .0112 DETERMINATION OF VACANCY (a) A Board member, with the exception of the At-Large Registered Nurse, shall notify the Executive Director immediately upon change of employment. (b) Licensed nurse members of the Board, with the exception of the At-Large Registered Nur…

21 NCAC 36 .0113 DETERMINATION OF QUALIFICATIONS (a) For purposes of G.S. 90-171.21 and Rule .0109(d) and (e) of this Section, the Board shall consider the following factors in determining whether a candidate is qualified to run for election: (1) whether the licensee is presently…

21 NCAC 36 .0119 SUSPENSION OF AUTHORITY TO EXPEND FUNDS In the event the Board's authority to expend funds is suspended pursuant to G.S. 93B-2(d) the board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained by the Boa…

21 NCAC 36 .0120 DEFINITIONS The following definitions apply throughout this chapter unless the context indicates otherwise: (1) "Administrative Law Counsel" means an attorney licensed to practice in this State whom the Board has retained to serve as procedural officer for contes…

21 NCAC 36 .0121 Petitioning for rulemaking (a) Any person wishing to submit a petition to the Board requesting the adoption, amendment, or repeal of a rule shall file the petition with the Board's chief executive officer. Petitions shall be mailed to the Board at Post Office Box…

21 ncac 36 .0122 petitions for declaratory rulings (a) All requests for declaratory rulings shall be written and mailed to the Board at Post Office Box 2129, Raleigh, NC 27602-2129. The envelope containing the request shall bear the notation: "REQUEST FOR DECLARATORY RULING." (b)…

SECTION .0200 – LICENSURE 21 NCAC 36 .0201 BIENNAL RENEWAL (a) Each registered nurse or licensed practical nurse shall biennially renew their license with the Board no later than the last day of the applicant's birth month by: (1) submitting a completed application for renewal, s…

21 NCAC 36 .0202 INACTIVE and retired STATUS (a) A licensee who submits a request for inactive status shall be granted such status by the Board if the licensee: (1) holds an active unencumbered license issued by the Board; and (2) is not currently the subject of an investigation …

21 NCAC 36 .0203 REINSTATEMENT OF EXPIRED LICENSE (a) An applicant whose license has expired and who desires reinstatement of that license shall: (1) submit a completed application for reinstatement, stating that the information on the application is true and complete and authori…

21 NCAC 36 .0207 VERIFICATION TO ANOTHER STATE The Board shall verify the licensure of a licensee to another state or country upon receipt of a request from the licensee or another board of nursing that is accompanied by information properly identifying the licensee and by the ap…

21 NCAC 36 .0208 CHANGE OF NAME AND CONTACT (a) In the event of a name or address change, the licensee shall submit a request in their Gateway account through the Board's website at www.ncbon.com and provide evidence of name or address change. A licensee may provide evidence such…

21 NCAC 36 .0209 DUPLICATE CERTIFICATE History Note: Authority G.S. 90-171.23(b)(3); 90-171.27(b); Eff. February 1, 1976; Amended Eff. January 1, 1996; October 1, 1989; May 1, 1982; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

21 NCAC 36 .0210 RESUMPTION OF PREVIOUS NAME History Note: Authority G.S. 90-162; Eff. February 1, 1976; Repealed Eff. May 1, 1982.

21 NCAC 36 .0211 eligibility and application for LICENSURE BY EXAMINATION (a) An applicant seeking nurse licensure shall meet the educational requirements of a prelicensure nursing program that is equivalent or greater to the requirements for NC nursing prelicensure programs as r…

21 NCAC 36 .0212 SPECIFIC REQUIREMENTS History Note: Authority G.S. 90-168 through 90-170; Eff. February 1, 1976; Repealed Eff. May 1, 1982.

21 NCAC 36 .0213 REEXAMINATION An applicant who fails an examination and is eligible to retake a subsequent examination shall submit a completed Board application, a completed testing service registration form, and related fees. The applicant shall be eligible to retake the exami…

21 NCAC 36 .0216 CENSUS OF NURSING PERSONNEL History Note: Authority G.S. 90-171.23(b); 90-171.43; 90-171.44(3)(5); Eff. February 1, 1976; Amended Eff. January 1, 1996; April 1, 1989; January 1, 1984; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

21 NCAC 36 .0217 INVESTIGATIONS; DISCIPLINARY HEARINGS (a) Behaviors and activities that may result in disciplinary action by the Board shall include the following: (1) drug or alcohol abuse or use of any substance or other agents while on duty or on call to the extent that such …