North Carolina Administrative Code

21 NCAC 46 .2607 AVAILABILITY OF RECORDS All records required to be kept by statute or rule shall be available to Board inspectors or agents as provided in Rule .1803 of this Chapter. All records, including prescription orders, equipment information, and patient counseling docume…

21 NCAC 46 .2608 DISPENSING OF MEDICAL OXYGEN Compressed medical oxygen and liquid oxygen equipment shall be dispensed and controlled according to state and federal laws. History Note: Authority G.S. 90-85.3(e),(l1),(r); 90-85.6; 90-85.22; Eff. September 1, 1995; Pursuant to G.S.…

21 NCAC 46 .2609 REHABILITATION EQUIPMENT (a) Rehabilitation equipment suppliers shall follow the provisions of this Rule rather than the provisions of 21 NCAC 46 .2611. (b) Rehabilitation equipment suppliers shall: (1) Solicit information from the physician, physical therapist, …

21 NCAC 46 .2610 MEDICAL GAS, OXYGEN AND RESPIRATORY RELATED EQUIPMENT (a) Medical gas, oxygen and respiratory related equipment suppliers shall: (1) Comply with all applicable home medical equipment laws of North Carolina; (2) If transporting oxygen and other medical gases in cy…

21 NCAC 46 .2611 MEDICAL EQUIPMENT (a) Medical equipment suppliers shall: (1) Document information from the physician or other medical personnel as to the patient's specific needs to be met by the equipment delivered as well as the effectiveness of the equipment in meeting those …

21 NCAC 46 .2612 STORAGE OF DEVICES AND MEDICAL EQUIPMENT (a) Devices and medical equipment shall be stored at the location holding the pharmacy or device and medical equipment permit or a location that is within 50 miles of the permitted location. Devices and medical equipment s…

21 NCAC 46 .2613 DEVICES AND MEDICAL EQUIPMENT IN POSSESSION OF PERMIT HOLDERS Dispensed devices and medical equipment in the possession of permit holders shall bear a patient-specific prescription label. Permit holders may not collect prescription drugs from a patient or caregiv…

SECTION .2700 - NUCLEAR PHARMACY 21 NCAC 46 .2701 REQUIREMENTS No pharmacist shall receive, possess or dispense radioactive drugs, except in accordance with the applicable federal statutes and regulations and these Rules. The requirements of these Rules are in addition to, and no…

21 NCAC 46 .2702 DEFINITIONS For purposes of these Rules, the following terms are defined as follows: (1) Authentication of Product History. Identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical or other radi…

21 NCAC 46 .2703 OBTAINING A NUCLEAR PHARMACY PERMIT In order to obtain a nuclear pharmacy permit, the person seeking such a permit shall submit an application to the Board certifying that he or she is a pharmacist currently licensed by the Board and that he or she is a qualified…

21 NCAC 46 .2704 REQ FOR PHARMACIES PROVIDING RADIOPHARMACEUTICAL SERVICES (a) The permit to operate a pharmacy providing radiopharmaceutical services shall be issued by the Board only to a qualified nuclear pharmacist. All personnel performing tasks in the preparation and distri…

21 NCAC 46 .2705 LAbELING REQUIREMENTS OF RADIOPHARMACEUTICALS (a) In addition to other labeling requirements of the Board for non-radioactive drugs described in this Chapter, the container of a radiopharmaceutical shall also be labeled with: (1) The standard radiation symbol; (2…

21 NCAC 46 .2706 PROHIBITIONS (a) No person shall utilize unit-dose transport containers for radioactive dosages without an effective mechanism to avoid contamination of the transport container with blood or other biohazardous substances. (b) No person shall re-use a unit-dose tr…

SECTION .2800 – COMPOUNDING 21 NCAC 46 .2801 COMPOUNDING (a) A pharmacy may dispense a compounded drug preparation to a patient only pursuant to a prescription that is valid and complies with all requirements of the law, including 21 NCAC 46 .1801. In advance of dispensing the co…

SECTION .2900 - PRODUCT SELECTION 21 NCAC 46 .2901 RETURN OF OUTDATED DRUGS (a) Adequate provisions for return of outdated drugs in both full and partial containers as provided in G.S. 90-85.28(a)(5) means that drugs can be returned up to six months after the labeled expiration d…

SECTION .3000 - DISPOSAL OF UNWANTED DRUGS 21 NCAC 46 .3001 PROCEDURE FOR DISPOSING OF DRUGS (a) All registrants under G.S. 90-85.21 shall develop and implement policies and procedures to insure that all out-dated, improperly labeled, adulterated, damaged or unwanted drugs or dru…

SECTION .3100 – Clinical pharmacist practitioners 21 NCAC 46 .3101 CLINICAL PHARMACIST PRACTITIONER (a) Definitions. As used in this Rule: (1) "Medical Board" means the North Carolina Medical Board. (2) "Pharmacy Board" means the North Carolina Board of Pharmacy. (3) "Clinical Ph…

SECTION .3200 – peer review agreements 21 NCAC 46 .3201 DEFINITIONS The following definitions apply to this Subchapter: (1) "Board" means the North Carolina Board of Pharmacy. (2) "Committee" means the Board of Directors established to function as a supervisory and advisory body …

21 ncac 46 .3202 PEER REVIEW AGREEMENTS Peer review activities shall include investigation, review and evaluation of records, reports, complaints, litigation, and other information about the practices and practice patterns of pharmacists licensed by the Board and pharmacy technic…

21 ncac 46 .3203 DUE PROCESS History Note: Authority G.S. 90-85.6; 90-85.41; Eff. April 1, 2001; Amended Eff. March 1, 2004; Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

21 ncac 46 .3204 RECEIPT AND USE OF INFORMATION OF SUSPECTED IMPAIRMENT (a) Information concerning suspected impairments may be received by the Program through reports by pharmacists, pharmacy technicians, family members, and others, and through self-referral. (b) Upon receipt of…

21 ncac 46 .3205 INTERVENTION AND REFERRAL (a) When, following an investigation, impairment is confirmed, an intervention shall be conducted using techniques designed to assist the pharmacist or pharmacy technician in acknowledging responsibility for dealing with the impairment. …

21 ncac 46 .3206 MONITORING TREATMENT A treatment source receiving referrals from the Program shall be monitored as to its ability to provide: (1) medical and non-medical staffing; (2) treatment; and (3) post-treatment support. History Note: Authority G.S. 90-85.6; 90-85.41; Eff.…

21 ncac 46 .3207 MONITORING REHABILITATION AND PERFORMANCE (a) Monitoring requirements for each pharmacist or pharmacy technician shall be designated by the Program. Pharmacists and pharmacy technicians may be tested regularly or randomly, on Program demand. (b) Treatment sources…

21 NCAC 46 .3208 MONITORING POST-TREATMENT SUPPORT (a) Post-treatment support may include family counseling, advocacy and other services and programs deemed appropriate to improve recoveries. (b) Treatment sources' post-treatment support shall be monitored by the Program on an on…

21 ncac 46 .3209 REPORTS OF INDIVIDUAL CASES TO THE BOARD (a) Upon investigation and review of a pharmacist licensed by the Board or pharmacy technician registered by the Board, the Program shall report immediately to the Board detailed information about any pharmacist or pharmac…

21 ncac 46 .3210 PERIODIC REPORTING OF STATISTICAL INFORMATION Statistical information concerning suspected impairments, impairments, self-referrals, post-treatment support and other demographic and substantive information collected through Program operations shall be included in…

21 NCAC 46 .3211 CONFIDENTIALITY Any nonpublic information acquired, created, or used in good faith by the Program shall be treated according to G.S. 90-85.41. History Note: Authority G.S. 90-85.6; 90-85.41; Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary witho…

section .3300 - registration of a pharmacy technician 21 NCAC 46 .3301 REGISTRATION (a) Following initial registration with the Board, registration of a pharmacy technician shall be renewed annually through the Board's electronic renewal process and shall expire on December 31. I…

SECTION .3400 – AUTOMATED DISPENSING ON DruG SUPPLY DEVICES 21 NCAC 46 .3401 DEFINITIONS For purposes of this Section, the following terms are defined as follows: (1) "Automated medication system" means a robotic, mechanical, or computerized device that is not used for drug compo…

21 NCAC 46 .3402 GENERAL REQUIREMENTS FOR THE USE OF AUTOMATED MEDICATION SYSTEMS (a) The pharmacist-manager shall assure compliance with all requirements of the Pharmacy Practice Act and this Section. (b) The pharmacist-manager shall be responsible for: (1) Maintaining a record …

21 NCAC 46 .3403 MULTIDISCIPLINARY COMMITTEE FOR DECENTRALIZED AUTOMATED MEDICATION SYSTEMS History Note: Authority G.S. 90-85.6; 90-85.32; 90-85.33; Eff. February 1, 2005; Repealed Eff. December 1, 2013.

21 NCAC 46 .3404 STOCKING OR RESTOCKING OF AN AUTOMATED MEDICATION SYSTEM (a) Responsibility for accurate stocking and restocking of an automated medication system lies with the pharmacist-manager and with any pharmacist tasked with supervising such functions as specified in Subp…

SECTION .3500 – CONTROLLED SUBSTANCES REPORTING SYSTEM 21 NCAC 46 .3501 REPORTS FROM THE CONTROLLED SUBSTANCES REPORTING SYSTEM The Department of Health and Human Services may submit a report to the Board of Pharmacy if it receives information that the Department of Health and Hu…

CHAPTER 48 - BOARD OF PHYSICAL THERAPY EXAMINERS SUBCHAPTER 48A - ORGANIZATION 21 NCAC 48A .0101 NAME AND LOCATION History Note: Authority G.S. 90-270.26; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. April 1, 1993; December 1, 1990; October 28, 1979; Rep…

21 NCAC 48A .0102 PURPOSE AND DUTIES History Note: Authority G.S. 90-270.26 through 90-270.33; 90-270.35 through 90-270.37; 150A-11; 150A-23; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. October 28, 1979; Repealed Eff. December 30, 1985.

21 NCAC 48A .0103 MEMBERSHIP OF BOARD (a) Selection of Board Members. Nominations for members of the Board shall be sought from licensees residing in North Carolina. The ballots distributed to licensees in North Carolina shall list each nominee's place and location of employment …

21 NCAC 48A .0104 EXECUTIVE DIRECTOR History Note: Authority G.S. 90-270.26; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. February 1, 1996; October 28, 1979; Repealed Eff. July 1, 2013.

21 ncac 48a .0105 DEFINITIONS The following definitions and the definitions in G.S. 90-270.90 apply throughout Chapter 48: (1) "Computer Based Testing" or "CBT" means the Federation approved National Physical Therapist and Physical Therapist Assistant Examinations administered by…

21 NCAC 48A .0106 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. All fees tendered shall be placed in an escrow account maintained by the Boar…

21 NCAC 48A .0107 IDENTIFICATION REQUIREMENTS (a) Persons licensed under G.S. 90-270.90 et seq. shall be required to wear an identification badge or other form of identification displaying the name of the person and level of licensure as required by G.S. 90-640. (b) A licensee sh…

SUBCHAPTER 48B - TYPES OF LICENSES 21 ncac 48b .0101 GENERAL REQUIREMENTS History Note: Authority G.S. 90-270.24(5); 90-270.26; 90-270.34; 90-270.35(1), (2); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. December 30, 1985; November 9, 1979; October 28, 19…

21 NCAC 48B .0102 LICENSES BY ENDORSEMENT (a) Endorsement. Each application for endorsement shall be considered on an individual basis. (b) Examination Required. Only those persons initially licensed in another state by virtue of examination shall be considered for endorsement. O…

21 NCAC 48b .0103 LICENSES BY EXAMINATION (a) Applicants. An applicant seeking an initial license or who fails to meet the requirements in Rule .0102 of this Section for endorsement must pass a computer-based examination set forth in Subchapter 48D of this Chapter to practice in …

21 NCAC 48B .0104 EXEMPTIONS A person seeking an exemption from licensure requirements pursuant to G.S. 90-270.101(a)(8) or (9) shall submit the Request for Exemption form approved by the Board (www.ncptboard.org), or a written request that includes license number and contact inf…

subchapter 48C - SCOPE OF PHYSICAL THERAPY PRACTICE section .0100 - PHYSICAL THERAPISTS 21 NCAC 48C .0101 PERMITTED PRACTICE (a) Physical therapy is presumed to include any acts, tests, procedures, modalities, treatments, or interventions that are routinely taught in educational …

21 NCAC 48C .0102 RESPONSIBILITIES (a) A physical therapist shall determine the patient care plan and the elements of that plan appropriate for delegation. (b) A physical therapist shall determine that those persons acting under his or her supervision possess the competence to pe…

21 NCAC 48C .0103 PROHIBITED PRACTICE (a) A physical therapist must not employ acts, tests, procedures, modalities, treatments, or interventions in the treatment of patients that are beyond the scope of the practice of physical therapy. Any patient whose condition requires medica…

section .0200 – physical therapist assistants 21 NCAC 48C .0201 SUPERVISION BY PHYSICAL THERAPIST (a) A physical therapist assistant may assist in the practice of physical therapy only to the extent allowed by the supervising physical therapist. (b) A physical therapist assistant…

21 NCAC 48C .0202 PROHIBITED PRACTICE (a) A physical therapist assistant shall not engage in practices requiring the knowledge and skill of a physical therapist. (b) A physical therapist assistant shall not engage in acts beyond the scope of practice delegated by the supervising …