REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0801

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

The statutory authority cited in the history note includes G.S. 90-6. That has been recodified as 90-8.1 and 90-8.2. Please review and revise as necessary.

In (2) it seems to me that the general statutes refer to the “North Carolina Board of Nursing” rather than the “Board of Nursing of the State of North Carolina.”

In (3) line 8 please make “Members” lowercase and correct the reference to recodified G.S. 90-6.

In (4) line 11 I believe that “Nurse Practitioner” and “NP” should each be included within separate parentheses and that “or” should not be included within the parentheses.

In (6) line 21 change “her/his” to “her or his.”

In (12) page 2 line 26 it seems to me that the definition of “disaster” is found in G.S. 166A-4(1a), not 166A-4(3).

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0804

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

In the introductory note please change “adopted” to “amended” and correct the NCR volume reference from volume 14 to volume 24.

In (h) page 2 please change the rule back to active voice. It might be appropriate to reflect that it is the “Nursing Board” that gives approval under this rule, not “both boards.” Also in line 14 change “may” to “shall” or set out the conditions or factors that determine whether “approval” is granted.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0805

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

The structure and formatting of this rule is a little confusing. It seems to me that it would be better structured with labeled paragraphs (a) through (c) (or (d)).

The general or current rule seems to be found in current (3) and would become (a). Also in current (3) page 2 line 6 after “evidence of certification or recertification” add “as a nurse practitioner” or whatever the appropriate certification is required.

The current first (unlabeled) paragraph would become (b). The current sub-items labeled (1)(a) – (g) would become sub-paragraphs (1) – (7) under the new paragraph (b). Line 9 is either unnecessary or would become part of the previous paragraph. If the line is deleted you should delete the period following “experience” at the end of line 8 and add “as follows:” or similar language.

Current (2)(a) and (b) would become either (b)(1) and (2) or (2)(a) would become (b) and (2)(b) would become (c) which is probably the way I would do it. Please make sure that tenses are conformed to any changes and that any references in this rule to other parts of the rule are corrected.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0806

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

In (b) line 12 change “her/his” to “her or his.”

The statutory authority cited in the history note includes G.S. 90-6. That has been recodified as 90-8.1 and 90-8.2. Please review and revise as necessary.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0807

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

The statutory authority cited in the history note includes G.S. 90-6. That has been recodified as 90-8.1 and 90-8.2. Please review and revise as necessary.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0808

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

In (c) line 9 please delete “as stipulated.”

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0810

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

The statutory authority cited in the history note includes G.S. 90-6. That has been recodified as 90-8.1 and 90-8.2. Please review and revise as necessary.

This rule appears to be a listing of standards. It should be introduced by a statement such as “The following are the quality assurance standards for a collaborative practice agreement:” or similar language.

The labeled paragraphs (a) – (e) would become items (1) – (5) with a corresponding change in the sub-items numbering and lettering.

There is a discrepancy in (e) between this rule and the Medical Board’s Rule 32M .0110. That rule refers to the primary and back-up supervising physicians. This rule does not refer to the back-up physician. Please verify which is the desired rule.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel


REQUEST FOR TECHNICAL CHANGE

AGENCY: N.C. BOARD OF NURSING

DEADLINE FOR RECEIPT: Tuesday, November 17, 2009

RULE CITATION: 21 NCAC 36 .0814

The staff of the Rules Review Commission has completed its opinion review of the rule or set of rules your agency filed with us for review by the RRC at its next meeting. The Commission has not yet met and therefore there has not been a determination as to whether the rule will be approved.

In reviewing the rules, the staff determined that one or more technical changes need to be made. Approval of any rule is contingent on making this technical change as set out in G.S. 150B-21.1

In (b) line 11 either delete “pursuant to protocols developed by both Boards” or refer to the rules where these “protocols” are set or set them out in this rule. It does not appear to be necessary to specify in the rules what the two boards are going to do between each other unless it involves the nurse practitioner’s rights, duties or responsibilities, in which case the protocols need to be in the rules.

Please retype or otherwise correct the rule(s) or submission form(s) as necessary and submit it along with two copies and an electronic copy to our office at 1711 New Hope Church Rd., Raleigh, North Carolina 27609.

If you have any questions or problems concerning this request, please contact me.

Joseph J. DeLuca, Jr.

Commission Counsel