North Carolina Board of Pharmacy

Rulemakings In Progress

 

 

FEBRUARY 19, 2020

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD (MAY 26, 2020) ON THE FOLLOWING PROPOSED ACTIONS:

ADOPTION OF 21 NCAC 46 .2017 REAPPLICATIONS, REINSTATEMENT, REHEARING, AND RECONSIDERATION

AMENDMENTS TO 21 NCAC 46 .2001 RIGHT TO HEARING; .2004 - .2009 REQUEST FOR HEARING, GRANTING OR DENYING HEARING REQUEST, NOTICE OF HEARING, WHO SHALL HEAR CONTESTED CASES, INFORMAL PROCEDURES, PETITION FOR INTERVENTION; .2011 DISQUALIFICATION OF BOARD MEMBERS; .2013 - .2016 SUBPOENAS, WITNESSES, FINAL DECISION, PROPOSALS FOR DECISIONS

REPEAL OF 21 NCAC 46 .2010 TYPES OF INTERVENTION

Reasons for Proposed Actions: The Board proposes a thorough revision of its administrative hearing procedural rules in Section .2000. The Board has not revised the majority of the rules in over thirty years. During that time, both the spirit and the letter of the Administrative Procedures Act have moved away from the existing rules, and the existing rules contain outdated and extraneous requirements that the Board has not required parties to satisfy in order to decide their claims. The revisions would: (1) bring the rules into compliance with the letter of the APA; (2) remove rules that attempt to restate substantive law, provisions of the APA, and other board rules; (3) bring the rules into compliance with the Board’s practices; (4) provide clarity on procedural steps not previously covered (or covered adequately) in the rules for the guidance of all parties; (5) notify the parties of certain provisions that are currently covered in Board orders, so that parties can be aware of those provisions from the outset; and (6) generally make the hearing process as efficient as it can be consistent with the APA.

A public hearing will be held on May 26, 2020 at 10:00am at the NC Board of Pharmacy office, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517.

Any person may object to the proposed amendments by attending the public hearing on May 26 and/or by submitting a written objection by 10:00am on May 26, 2020 to Jay Campbell, Executive Director, North Carolina Board of Pharmacy, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517, fax (919) 246-1056, e-mail jcampbell@ncbop.org.

21 NCAC 46 .2017 (adoption); 21 NCAC 46 .2001, .2004-.2009, .2011 and .2013-.2016 (amendment); and 21 NCAC 46 .2010 (repeal)
In an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the Board of Pharmacy is providing notice of a change of procedure for the public hearing on the proposed adoption of 21 NCAC 46 .2017, the proposed amendments to 21 NCAC 46 .2001, .2004-.2009, .2011 and .2013-.2016, and the proposed repeal of 21 NCAC 46 .2010.   The public hearing will still be conducted on the same date and at the same time as previously published in the North Carolina Register, but will be held by teleconference, instead of being held in person, as follows:
                                                                                                                      
Date: Tuesday, May 26, 2020
Time: 10:00 a.m.
Teleconference Phone Number: 408-215-9377; access code is 829 609 515#

The North Carolina Board of Pharmacy is interested in all comments pertaining to the proposed rules and rule changes. All persons interested and potentially affected by the proposals are strongly encouraged to read this entire notice and make comments on the proposed rules.

If an objection is not resolved prior to the adoption of the rules, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Follow this link for details, including the proposed rule amendment/new rule language.