RULEMAKINGS IN PROGRESS
Notice of Public Hearing and Comment Period on the Following Proposed Action:
PERIODIC REVIEW AND EXPIRATION OF EXISTING RULES REPORT FOR PUBLICATION ON THE OAH WEBSITE [G.S. 150B-21.3A(c)(1)]
Scheduled month and year for RRC review: May 2026
Comment period begins July 8, 2025 and ends September 11, 2025.
Reasons for Proposed Action:
Every decade, the Administrative Procedure Act requires each state board or agency to review its rules to determine if they remain necessary or are unnecessary. As to the necessary rules, the boards are to determine whether those rules are required to implement or conform to federal law. The Board has proposed determinations as to its existing rules. Those determinations are listed in columns F through H on the document linked below. (All subsequent columns are for future use.) The Board invites comments on its designations as to whether rules are necessary or unnecessary, and whether necessary rules are required to implement or conform to federal law.
FOLLOW THIS LINK FOR A LISTING OF RULES
Any person wishing to submit public comments must do so by September 11, 2025. Submit written comments by mail to Jay Campbell, Executive Director, North Carolina Board of Pharmacy, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517; by fax (919) 246-1056; or by e-mail ncboprulemaking@ncbop.org.
“Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).
Notice of Public Hearing and Comment Period on the Following Proposed Actions:
AMENDMENT TO 21 NCAC 46 .2504 PATIENT COUNSELING
Time and Date of Hearing: 9:30AM, May 21, 2024
Reasons for Proposed Action(s):
The principal purpose of the amendment is to clarify the rule. The existing rule addresses patient history information requirements, drug utilization reviews, offers to counsel and counseling in a non-chronological and circuitous fashion. The amended rule would address these topics in a sequential work-flow order. It further would clarify how the rule operates, and may differ, in different practice settings. Substantively, the amendment would provide for initial general counseling to take place through recorded technological means, in cases where that is appropriate.
Follow this link for proposed rule language.
A public hearing will be held on May 21, 2024 at 9:30AM at the NC Board of Pharmacy, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517.
Any person may object to the proposed rule changes by attending the public hearing on May 21, 2024 and/or by submitting a written objection by June 14, 2024 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 ncboprulemaking@ncbop.org.
Procedure for Subjecting a Proposed Rule to Legislative Review:
If an objection is not resolved prior to the adoption of the rule, a person may also submit a written objection to the Rules Review Commission. If the Rules Review Commission receives written and signed objections after the adoption of the Rule 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 letters via U.S. Mail, private courier service, or hand delivery to 1711 New Hope Church Road, Raleigh, North Carolina, or via email to oah.rules@oah.nc.gov. If you have any further questions concerning the submission of objections to the Commission, please review 26 NCAC 05 .0110 or call a Commission staff attorney at 984-236-1850.