North Carolina Administrative Code

21 NCAC 36 .0218 LICENSURE BY ENDORSEMENT (a) Applications for licensure by endorsement shall be posted on the Board's website at www.ncbon.com and shall contain the following information: (1) The applicant's name, telephone number, and email address; (2) The applicant's primary …

21 NCAC 36 .0219 TEMPORARY LICENSE (a) The Board shall issue a non-renewable temporary license to individuals who have filed a completed application for licensure by endorsement with correct fee and provided validation of an active unencumbered license in another jurisdiction. If…

21 NCAC 36 .0220 REFRESHER COURSE (a) Completion of a Board-approved refresher course shall be required of previously licensed individuals who have not held an active license in any jurisdiction for five or more years and requests: (1) reactivation of an inactive license; (2) rei…

21 NCAC 36 .0221 LICENSE REQUIRED (a) No cap, pin, uniform, insignia, or title shall be used to represent to the public that an unlicensed person is a registered nurse or a licensed practical nurse as defined in G.S. 90-171.43. (b) The repetitive performance of a common task or p…

21 NCAC 36 .0222 COMPONENTS OF NURSING PRACTICE History Note: Authority G.S. 90-171.20(7),(8); 90-171.23(b); Eff. January 1, 1984; Amended Eff. June 1, 1989; July 1, 1984; Repealed Eff. January 1, 1991.

21 NCAC 36 .0223 CONTINUING EDUCATION PROGRAMS (a) Definitions. (1) Continuing education in nursing means a planned, organized learning experience, taken after completion of a basic nursing program, that prepares a nurse to perform advanced skills. Types of learning experiences t…

21 ncac 36 .0224 COMPONENTS OF NURSING PRACTICE FOR THE REGISTERED NURSE (a) The responsibilities that a registered nurse can safely accept shall be determined by such practice setting variables as: (1) the nurse's qualifications, including: (A) basic educational preparation; and…

21 NCAC 36 .0225 COMPONENTS OF NURSING PRACTICE FOR THE LICENSED PRACTICAL NURSE (a) A licensed practical nurse shall accept only those assigned nursing activities and responsibilities, as defined in Paragraphs (b) through (i) of this Rule, that the licensee can safely perform, a…

21 NCAC 36 .0226 NURSE ANESTHESIA PRACTICE (a) Only a registered nurse who completes a program accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs, is credentialed as a certified registered nurse anesthetist by the Council on Certification of Nurse…

21 NCAC 36 .0227 APPROVAL AND PRACTICE PARAMETERS FOR NURSE PRACTITIONERS History Note: Authority G.S. 90-6; 90-18(c)(13), (14); 90-18.2; 90-171.20(4); 90-171.20(7); 90-171.23(b); 90-171.36; 90-171.37; 90-171.42; 90-171.83; Eff. January 1, 1996; Amended Eff. August 1, 2002; July …

21 NCAC 36 .0228 CLINICAL NURSE SPECIALIST PRACTICE (a) Only a registered nurse who meets the qualifications outlined in Paragraph (b) of this Rule shall be approved by the Board as a clinical nurse specialist to perform activities listed in Paragraph (e) of this Rule. (b) The Bo…

21 NCAC 36 .0229 reserved for future codification

21 NCAC 36 .0230 reserved for future codification

21 NCAC 36 .0231 EXCEPTIONS TO HEALTH CARE PRACTITIONERS IDENTIFICATION REQUIREMENTS: (a) The licensed nurse or nurse aide II is not required to wear a readily visible badge or other form of identification in the following direct patient care situations: (1) procedures requiring …

21 NCAC 36 .0232 CONTINUING COMPETENCE (a) Upon application for license renewal or reinstatement, each licensee shall: (1) complete a self-assessment of practice, including professional responsibility, knowledge based practice, legal and ethical practice, and collaborating with o…

21 NCAC 36 .0233 OUT OF STATE STUDENTS (a) Unlicensed nursing students enrolled in out-of-state nursing education programs seeking clinical experiences in North Carolina agencies shall be allowed access to these facilities following approval by the Board. At least 30 days prior t…

SECTION .0300 - APPROVAL OF NURSING PROGRAMS 21 NCAC 36 .0301 APPROVAL BODY History Note: Authority G.S. 90-171.23(b)(8); 90-171.23(b)(9); 90-171.23(b)(10); 90-171.38; 90-171.39; 90-171.40; Eff. February 1, 1976; Amended Eff. June 1, 1992; January 1, 1989; January 1, 1984; Tempor…

21 NCAC 36 .0302 ESTABLISHMENT OF A NURSING PROGRAM - INITIAL APPROVAL (a) A controlling institution seeking initial approval to operate a program shall employ a program director qualified pursuant to Rule .0317(a) of this Section. A controlling institution can seek initial appro…

21 NCAC 36 .0303 EXISTING NURSING PROGRAM (a) Accreditation by a national nursing accreditation body as defined in 21 NCAC 36 .0120(39) is required for all programs. For those programs granted initial approval status, full approval status, or warning status prior to December 31, …

21 NCAC 36 .0304 ADMINISTRATION History Note: Authority G.S. 90-171.23(b)(8); 90-171.38; Eff. February 1, 1976; Amended Eff. January 1, 1989; January 1, 1984; Repealed Eff. June 1, 1992.

21 NCAC 36 .0309 PROCESS FOR PROGRAM CLOSURE (a) A program is deemed closed when the program has not enrolled students for a period of two consecutive years since the last graduating class or student enrollment has not occurred for a two consecutive year period. (b) When the cont…

21 NCAC 36 .0310 AGENCY APPROVAL PROCESS – INITIAL SURVEY History Note: Authority G.S. 90-171.39; Eff. June 1, 1992; Temporary Repeal Eff. October 11, 2001; Repealed Eff. August 1, 2002.

21 NCAC 36 .0315 FULL APPROVAL/APPROVAL WITH STIPULATIONS History Note: Authority G.S. 90-171.39; Eff. June 1, 1992; Temporary Repeal Eff. October 11, 2001; Repealed Eff. August 1, 2002.

21 NCAC 36 .0316 SURVEYS: REPORTS: ACTIONS History Note: Authority G.S. 90-171.23(b)(9); 90 -171.40; Eff. February 1, 1976; Amended Eff. January 1, 1984; Repealed Eff. January 1, 1989.

21 NCAC 36 .0317 ADMINISTRATION (a) The program shall ensure that a full-time registered nurse, qualified pursuant to Paragraph (d) of this Rule, has the authority to direct the nursing program. Full-time registered nurse is a registered nurse employed by the institution who is r…

21 NCAC 36 .0318 FACULTY (a) The program shall develop policies for program faculty members consistent with those for other faculty of the controlling institution, with variations as needed due to the nature of the nursing curriculum. (b) Fifty percent or more of the nursing facu…

21 NCAC 36 .0319 NURSING PROGRAMS IN NON-COMPLIANCE History Note: Authority G.S. 90-171.40; Eff. May 1, 1982; Amended Eff. November 1, 1984; Repealed Eff. November 1, 1989.

21 NCAC 36 .0320 STUDENTS (a) Admission requirements and practices for the program shall be stated in the controlling institution's published written and digital communications and shall include assessment of the student's: (1) record of high school graduation, high school equiva…

21 NCAC 36 .0321 CURRICULUM (a) The program curriculum shall: (1) be planned by members of the program faculty; (2) reflect the stated program philosophy, purposes, and objectives, pursuant to 21 NCAC 36 .0302(b)(2); (3) be consistent with Article 9A of G.S. 90 and the Rules in t…

21 NCAC 36 .0322 FACILITIES History Note: Authority G.S. 90-171.23(b)(8); 90-171.38; Eff. February 1, 1976; Amended Eff. January 1, 1996; June 1, 1992; January 1, 1989; May 1, 1988; Temporary Amendment Eff. October 11, 2001; Amended Eff. December 1, 2016; April 1, 2006; August 1,…

21 NCAC 36 .0323 RECORDS AND REPORTS (a) The program shall maintain a system for maintaining official records consistent with the policies of the controlling institution. Current and permanent student records shall be stored in a secure manner that prevents physical damage and un…

21 NCAC 36 .0324 EXPERIMENTAL APPROACHES History Note: Authority G.S. 90-171.23(b)(8); 90-171.38; Eff. January 1, 1984; Amended Eff. June 1, 1992; January 1, 1989; Repealed Eff. December 1, 2005.

21 NCAC 36 .0325 REMOVAL OF APPROVAL History Note: Authority G.S. 90-171.23(b); 90-171.38; 90-171.39; 90-171.40; 90-171.42(b); Eff. October 1, 1992; Temporary Repeal Eff. October 11, 2001; Repealed Eff. August 1, 2002.

SECTION .0400 - UNLICENSED PERSONNEL: NURSE AIDES 21 NCAC 36 .0401 ROLES OF UNLICENSED PERSONNEL (a) Definitions. As used in Section .0400: (1) "Nursing care activities" means activities performed by unlicensed personnel that are delegated by licensed nurses in accordance with pa…

21 NCAC 36 .0402 COORDINATION WITH DIVISION OF HEALTH SERVICE REGULATION (a) The Board shall accept nurse aide Is listed on the Division of Health Service Regulation (DHSR) maintained Nurse Aide Registry as meeting the requirements of 21 NCAC 36 .0403(a). (b) The Board shall acqu…

21 NCAC 36 .0403 QUALIFICATIONS (a) A nurse aide I shall perform basic nursing skills and personal care activities after successfully completing an approved nurse aide I training and competency evaluation or equivalent as approved by the Division of Health Service Regulation (DHS…

21 ncac 36 .0404 LISTING AND RENEWAL (a) All nurse aide IIs, as defined in Rule .0403(b) of this Section regardless of working title, employed or assigned in a service agency or facility for the purpose of providing nursing care activities shall be listed on the Board of Nursing …

21 NCAC 36 .0405 APPROVAL OF NURSE AIDE EDUCATION courses (a) The Board shall accept nurse aide I courses that are approved by DHSR. (b) The Board shall approve nurse aide II courses in accordance with this Rule. Nurse aide II courses shall be offered by a State-licensed individu…

21 NCAC 36 .0406 MEDICATION AIDE TRAINING REQUIREMENTS (a) Faculty for the medication aide training program shall: (1) have an active, unencumbered license to practice as a registered nurse in North Carolina; (2) have had at least two years of practice experience as a registered …

SECTION .0500 - PROFESSIONAL CORPORATIONS 21 NCAC 36 .0501 Purpose AND DEFINITIONS (a) The purpose of the rules in this Section is to adopt rules supplementing or clarifying Chapter 55B of the General Statutes for professional corporations whose purpose is the provision of nursin…

21 NCAC 36 .0502 NAME OF PROFESSIONAL CORPORATION In addition to the provisions of G.S. 55B, the Professional Corporation Act, the name of a professional corporation that provides nursing care and related services shall not include any adjectives or words not in accordance with e…

21 NCAC 36 .0503 PREREQUISITES FOR INCORPORATION The following requirements must be met in order to incorporate a professional corporation that will provide nursing and related services in this State: (1) The incorporator, whether one or more, of a professional corporation shall …

21 NCAC 36 .0504 CERTIFICATE OF REGISTRATION The Certificate of Registration shall be issued as follows: (1) The Board shall issue a certificate of registration for the professional corporation to become effective only after the professional corporation files the articles of inco…

21 NCAC 36 .0505 GENERAL AND ADMINISTRATIVE PROVISIONS The following general provisions shall apply to a professional corporation that will provide nursing and related services in this State: (1) If the Board declines to issue a Certificate of Registration required by 21 NCAC 36 …

21 NCAC 36 .0506 FORMS The following forms regarding professional corporations shall be posted on the Board's website at www.ncbon.com: (1) Certificate of Incorporator(s) and Application for a Certificate of Registration for a Professional Corporation; (2) Certificate of Registra…

21 NCAC 36 .0507 FEES The registration and renewal fees for a professional corporation shall be the maximum allowable amount under G.S. 55B-10 and G.S. 55B-11. History Note: Authority G.S. 55B-10; 55B-11; 55B-12; Eff. April 1, 1991; Pursuant to G.S. 150B-21.3A, rule is necessary …

SECTION .0600 - ARTICLES OF ORGANIZATION 21 NCAC 36 .0601 NAME OF PROFESSIONAL LIMITED LIABILITY COMPANY In addition to the provisions of G.S. 57D, the North Carolina Limited Liability Compact Act, the name of a limited liability company that provides nursing and related services…

21 NCAC 36 .0602 PREREQUISITES FOR ORGANIZATION (a) The organizing members shall submit the following requirements to the Board prior to filing the articles of organization: (1) a certificate, certified by those registered nurses who are organizing members, setting forth the name…

21 NCAC 36 .0603 CERTIFICATE OF REGISTRATION (a) A certificate of registration for a Professional Limited Liability Company shall remain effective until December 31 of the year in which it was issued unless suspended or terminated as provided by law. (b) A certificate of registra…

21 NCAC 36 .0604 GENERAL AND ADMINISTRATIVE PROVISIONS The Board shall issue the certificate authorizing transfer of membership if membership is transferred in the company. This transfer form shall be permanently retained by the company. The membership books of the company shall …