reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1811 - EXCESSIVE DISPENSING OF PRESCRIPTION DRUGS

Current through Register Vol. 39, No. 2, July 15, 2024
Pharmacists shall not dispense and permit holders shall not
				  allow a pharmacist to dispense prescription drugs at such a rate per hour or
				  per day as to pose a danger to the public health or safety.
Authority
				  G.S.
				  90-85.6;
				  90-85.32;
Eff. July 1,
				  1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1812 - CHANGES IN PRESCRIPTION ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
A permit holder or registrant requesting a change from the
				  prescription drug originally prescribed to a different prescription drug shall
				  disclose to the prescriber at the time of the request any business relationship
				  between the permit holder or registrant and the manufacturer of the requested
				  prescription drug.
Authority
				  G.S.
				  90-85.6;
				  90-85.32;
Eff. April
				  1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1813 - TRANSMISSION OF PRESCRIPTION ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Prescription orders may be transmitted by using a facsimile machine ("FAX") or
				by other electronic transmission from a prescriber to a pharmacy. "Electronic
				transmission" means transmission of the digital representation of information
				by way of electronic equipment.
(b)
				All prescription drug orders transmitted by FAX or by electronic transmission
				shall:
(1) be transmitted directly to a
				pharmacist or certified technician in a pharmacy of the patient's choice with
				no intervening person altering the content of the prescription drug
				order;
(2) identify the
				transmitter's phone number for verbal confirmation, the time and date of
				transmission, and the identity of the pharmacy intended to receive the
				transmission;
(3) be transmitted by
				an authorized practitioner or his designated agent and contain either a written
				signature or an electronic signature unique to the practitioner;
(4) be deemed the original prescription drug
				order, provided it meets all requirements of federal and state laws and
				regulations; and
(5) if a refill
				order, contain all information required for original prescription orders except
				for the prescriber's signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1814 - AUTOMATED DISPENSING OR DRUG SUPPLY DEVICES (RECODIFIED TO 21 NCAC 46 .1419 EFFECTIVE MAY 1, 2021)

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1815 - EMERGENCY PRESCRIPTION REFILL DUE TO INTERRUPTION OF MEDICAL SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
In the event a pharmacist or device and medical equipment
				  permit holder receives a request for a prescription refill and the pharmacist
				  or permit holder is unable to readily obtain refill authorization from the
				  prescriber because of the prescriber's inability to provide medical services to
				  the patient, the pharmacist or permit holder may dispense a one-time emergency
				  supply of up to 90 days of the prescribed medication, provided that:
(1) The prescription is not for a Schedule II
				controlled substance;
(2) The
				medication is essential to the maintenance of life or to the continuation of
				therapy in a chronic condition;
(3)
				In the pharmacist's or permit holder's professional judgment, the interruption
				of therapy might reasonably produce undesirable health consequences;
(4) The dispensing pharmacist or permit
				holder creates a written order entered in the pharmacy's automated data
				processing system containing all of the prescription information required by
				Section .2300 of these Rules and signs that order;
(5) The dispensing pharmacist or permit
				holder notifies, or makes a good faith attempt to notify, the prescriber or the
				prescriber's office of the emergency dispensing within 72 hours after such
				dispensing.
Authority
				  G.S.
				  90-85.6;
				  90-85.25;
				  90-85.32;
Temporary
				  Adoption Eff. October 29, 1998;
Eff. August 1, 2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1816 - CENTRALIZED PHARMACY SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				Rule sets out the requirements under which pharmacies may engage in
				"centralized pharmacy services," which consist of both centralized prescription
				filling services and remote medication order processing services, as defined in
				this Rule, with respect to any prescription to be dispensed by a pharmacy
				located within this State, or shipped, mailed, or delivered in any manner into
				this State.
(b) Regardless of
				whether located within or outside the State of North Carolina, the following
				requirements apply to any pharmacy involved with any part of the practice of
				pharmacy in centralized pharmacy services:
(1) The pharmacies must be permitted by the
				Board before providing any centralized pharmacy services.
(2) The pharmacies must either:
(A) Be owned by the same person or entity;
				or
(B) Before dispensing any
				prescription within or into this State, must have entered into a written
				contract that specifies the services to be provided and the responsibilities
				and accountabilities of each pharmacy to ensure compliance with state and
				federal statutes, rules, and regulations.
(3) The pharmacies must share a real-time,
				online database, or have technology to allow secure access to the pharmacies'
				information system and to provide access to the information required to provide
				centralized pharmacy services in compliance with state and federal statutes,
				rules, and regulations.
(4) The
				pharmacies, their pharmacist-managers, and their pharmacy personnel must comply
				with all provisions of the Pharmacy Practice Act, this Chapter and all other
				State of North Carolina and federal statutes, rules, and regulations applicable
				to the practice of pharmacy and the distribution of drugs, devices, and medical
				equipment, in addition to the statutes, rules, and regulations of the state(s)
				in which the pharmacies are located (if not located in North Carolina) and into
				which any drugs, devices, or medical equipment are shipped and dispensed (if
				not North Carolina). The pharmacies, their pharmacist-managers, and their
				pharmacy personnel are responsible for ensuring that these statutes, rules, and
				regulations are followed.
(5) The
				pharmacies must notify the Board before providing centralized pharmacy
				services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1817 - PROOF OF IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a
				precondition to filling any prescription or dispensing any drug, a pharmacist
				or person acting at the direction of a pharmacist may demand, inspect and
				record proof of identification, including valid photographic identification,
				from any patient presenting a prescription or any person acting on behalf of
				the patient. Valid photographic identification includes but is not limited to
				the following:
(1) A valid motor vehicle
				operator's license;
(2) A valid
				identification card;
(3) A valid
				United States passport; or
(4)
				Other valid, tamper-resistant, photographic identification.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1818 - PRESCRIPTION LABELS

Current through Register Vol. 39, No. 2, July 15, 2024
Prescription labels shall list at a minimum the generic name
				  of the drug, even if the generic drug is unavailable to dispense or even if the
				  substitution of a generic drug is not authorized.
Authority
				  G.S.
				  90-85.6;
				  90-85.32;
Eff. January
				  1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1819 - REPEALED - COVID-19 DRUG PRESERVATION RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.26;
				  90-85.32;
Emergency
				  Adoption Eff. April 1, 2020;
Temporary Adoption Eff. June 26,
				  2020;
Eff. February 1, 2021;
Repealed Eff. March 1,
				  2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1820 - CODE OF ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
All pharmacists must comply with the American Pharmacist
				  Association Code of Ethics, which is hereby incorporated by reference, along
				  with all subsequent amendments or editions. A copy of the Code of Ethics is
				  available free of charge on the Board's website at
http://ncbop.org/lawandrules.htm
.
				  Any contrary conduct is unprofessional conduct under
				  G.S.
				  90-85.38.
Authority
				  G.S.
				  90-85.3A;
				  90-85.6;
				  90-85.15A;
				  90-85.15B;
				  90-85.22;
				  90-85.26;
				  90-85.26A;
				  90-85.32;
				  90-85.33;
				  90-85.34;
				  90-85.38;
				  90-85.44; S.L. 2021-110, s.
				  4.(a);
Eff. July 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1800 - PRESCRIPTIONS › Section 46 .1821 - DIRECT-TO-PATIENT DELIVERY SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				Rule sets out the requirements under which pharmacies may utilize
				"direct-to-patient" or ("DTP") delivery systems for dispensing in the State of
				North Carolina.
(b) Definitions.
(1) "Direct to patient system" or "DTP
				system" means any delivery system through which a pharmacy dispenses drugs,
				devices or medical equipment to a patient through any means other than:
(A) in-person dispensing to a patient by
				pharmacy personnel inside a pharmacy,
(B) in-person dispensing by delivery to a
				patient's residence or to a health care provider treating that
				patient,
(C) shipping through
				common carrier to a patient or to a health care provider treating that patient,
				or
(D) the use of an automated
				dispensing device by a health care facility pharmacy that is governed by Rule
				.1419 of this Chapter.
Except as provided in this Rule or one of the exceptions set
				  out in Parts (A)-(D) of this Subparagraph, no person holding any license or
				  permit from the Board shall participate in any arrangement whereby
				  prescriptions may be left at, picked up from, accepted by, or delivered to any
				  other place. The only DTP systems allowed are "lockers" and "kiosks" as defined
				  herein.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1901 - DEFINITION

Current through Register Vol. 39, No. 2, July 15, 2024
For use in the discharge of the statutory duties of the
				  Board, it has adopted certain official forms which are described in this
				  Section. Forms referred to in this Chapter are those forms described in this
				  Section, and are available from the Board's office.
Authority
				  G.S.
				  90-85.6;
Eff. April 1,
				  1983;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1902-.1903 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.15;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Expired Eff.
				  November 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1904 - RENEWAL OF PHARMACIST'S LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
The form for application for renewal of a pharmacist's
				  license is entitled "Pharmacist License Annual Renewal Notice," and must be
				  completed and returned to the Board yearly for those individuals who desire to
				  continue their license to practice pharmacy. This form requests updated
				  information on the registrant's activity, nature of practice, and other
				  matters.
Authority
				  G.S.
				  90-85.6;
				  90-85.17;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1905 - REPLACEMENT OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
The form for application for replacement of certificates is
				  entitled "Order for Certificate of Registration." In addition to the ordinary
				  identification information, this form requires the completion of an affidavit
				  describing the loss or destruction of the original
				  certificate.
Authority
				  G.S.
				  90-85.6;
Eff. April 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1906 - RECIPROCITY DATA QUESTIONNAIRE

Current through Register Vol. 39, No. 2, July 15, 2024
The form for application to initiate reciprocity procedures
				  is entitled "Reciprocity Data Questionnaire" and begins the process of
				  reciprocating a pharmacist's license to North Carolina from another state.
				  Along with the usual identification material, it requests information on
				  education, experience, and other activities necessary to determine the person's
				  eligibility to reciprocate.
Authority
				  G.S.
				  90-85.6;
				  90-85.20;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1907 - APPLICATION FOR RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
Following receipt from the applicant for reciprocity of the
				  Data Questionnaire, the form for application for reciprocity, entitled
				  "Preliminary Application for Reciprocal Licensure," will be mailed to the
				  applicant by the Board to facilitate reciprocity through the National
				  Association of Boards of Pharmacy. The form is printed by the National
				  Association of Boards of Pharmacy and is distributed as a service to applicants
				  by the North Carolina Board.
Authority
				  G.S.
				  90-85.6;
				  90-85.20;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1908 - REGISTRATION FOR PRACTICAL PHARMACY TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
The form for registration for practical pharmacy training is
				  entitled "Application for Registration in Pharmacy Training Program." This form
				  must be completed by individuals at the beginning of the training necessary to
				  be eligible for examination for licensure. Information requested includes
				  identification, education, experience, supervising personnel, and location,
				  along with approximate hours of training per week.
Authority
				  G.S.
				  90-85.6;
				  90-85.15;
Eff. April
				  1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1909 - PRACTICAL PHARMACY EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The form for certification of experience in North Carolina is
				  entitled "Practical Pharmacy Experience Affidavit," and is used to certify
				  training in North Carolina. This form requires information necessary to certify
				  the hours completed and the preceptor responsible for
				  training.
Authority
				  G.S.
				  90-85.6;
				  90-85.15;
Eff. April
				  1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1910 - REPEALED - CERTIFICATE OF EXPERIENCE OUTSIDE NORTH CAROLINA

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.15;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Repealed Eff. July
				  1, 1996.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1911 - EXPIRED - CERTIFICATE OF GRADUATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.15;
Eff. April
				  1, 1983;
Amended Eff. May 1, 1989;
Expired Eff.
				  November 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .1900 - FORMS › Section 46 .1912-.1913 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.21;
				  90-85.22;
Eff.
				  February 1, 1991;
Expired Eff. November 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2001 - FILING AND SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Parties shall
				file all papers provided for in this Section with the Board, either before
				service or within five days after service. The Board shall consider a paper to
				be filed when the Board actually receives it. Parties shall direct filings to
				the Investigations and Inspections Coordinator, North Carolina Board of
				Pharmacy, 6105 Farrington Road, Suite 201, Chapel Hill, North Carolina
				27517.
(b) In addition to filing
				all papers with the Board, the Board and other parties shall serve all papers
				as follows:
(1) The Board shall serve a
				notice of hearing under Rule .2006 of this Section on all parties by any method
				for service of process permitted by
				G.S.
				150B-38(c).
(2) Parties shall serve subpoenas under Rule
				.2013 of this Section by any method for service permitted by
				G.S.
				150B-39(c). While
				investigating, preparing for, or during a contested case, among others who are
				authorized to serve subpoenas, Board staff may serve subpoenas on behalf of the
				Board, pursuant to
				G.S.
				1A-1, Rule 45.
(3) Parties shall serve all other papers in
				the contested case on all parties, including counsel to the Board, by any
				method for service permitted by
				G.S.
				1A-1, Rule 5.
(4) The Board shall serve all its orders by
				any method for service permitted by
				G.S.
				150B-42(a).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2002-.2003

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  150A-11;
				  150A-14;
Eff. April
				  1, 1983;
Repealed Eff. May 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2004 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person
				aggrieved by a Board administrative action who has not received a notice of
				hearing from the Board may file a request for a hearing.
(b) The request for hearing shall contain the
				following information:
(1) the petitioner's
				name and address;
(2) a short and
				plain statement of the Board action that the petitioner challenges;
(3) a short and plain statement of the way in
				which the petitioner has been aggrieved; and
(4) an explicit statement of request for a
				hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2005 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall grant a request for a hearing if it determines that the petitioner
				is a "person aggrieved" within the meaning of
				G.S.
				150B-2(6). The Board shall
				provide notice of the time and place for the hearing. If the party fails to
				appear, the Board may deny the party's request for failure to prosecute it or
				may proceed to hear the matter in the party's absence.
(b) If the Board determines the petitioner is
				not a person aggrieved, the Board shall issue a denial that shall constitute a
				final agency decision.
Authority
				  G.S.
				  90-85.6;
				  150B-38;
				  150B-40;
				  150B-42;
Eff. July
				  1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2006 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before imposing
				final discipline under
				G.S.
				90-85.38 on a person who holds a license,
				registration, permit, or other privilege issued by the Board, the Board shall
				file and serve a notice of hearing pursuant to
				G.S.
				150B-38(b).
(b) A party who has been served with a notice
				of hearing may file and mail to all other parties a written response not less
				than 10 days before the date set for the hearing. If the party wishes to submit
				this written response instead of personally appearing at the hearing, the party
				shall state that desire in the written response, and the Board shall consider
				the written response in lieu of a personal appearance.
(c) If a party who has been served with a
				notice of hearing neither appears pursuant to the notice nor files and serves a
				written response as set out in Paragraph (b) of this Rule, the Board shall rule
				the party to be in default and the allegations of the notice admitted. The
				Board may enter a final agency decision by default granting any relief
				available to the Board.
(d) If the
				Board determines that the public health, safety, or welfare requires action, it
				may summarily suspend a license, registration, permit, or other privilege
				granted by the Board. Upon service of the order, the licensee, registrant, or
				permit holder to whom the order is directed shall immediately stop practicing
				pharmacy and stop dispensing devices and medical equipment in North Carolina.
				Failure to receive the order shall not invalidate the order. The suspension
				shall remain in effect pending a final agency decision pursuant to
				G.S.
				150B-42. However, pursuant to Rules .2004 and
				.2005 of this Section, a person subject to a summary suspension may request a
				hearing on whether the public health, safety, or welfare permits terminating or
				modifying the terms of the summary suspension pending a final agency decision.
				Neither an order of summary suspension nor a decision on whether the summary
				suspension order shall be terminated or modified is a final agency
				decision.
Authority
				  G.S.
				  90-85.6;
				  90-85.12;
				  90-85.38;
				  150B-3;
				  150B-38;
				  150B-40;
				  150B-42;
Eff. July
				  1, 1988;
Amended Eff. September 1, 1995; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2007 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A majority
				of the Board shall conduct all hearings, as set forth in
				G.S.
				150B-40(b), except as
				provided in
				G.S.
				150B-40(e).
(b) The Board President shall be the
				presiding officer at any hearing, unless the President is disqualified, absent,
				or otherwise determines that he or she is unable to serve in that capacity. In
				the event that the President does not preside, the Board Vice President shall
				be the presiding officer at any hearing, unless the Vice President is
				disqualified, absent, or otherwise determines that he or she is unable to serve
				in that capacity. In the event that neither the President nor the Vice
				President preside, the Board shall designate another presiding officer. The
				presiding officer shall have all duties and powers set forth in
				G.S.
				150B-40(c).
Authority
				  G.S.
				  90-85.6;
				  90-85.12;
				  150B-38;
				  150B-40;
Eff. July
				  1, 1988;
Amended Eff. September 1, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2008 - INFORMAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before issuing
				a notice of hearing, the Board may conduct one or more conferences in which a
				member of the Board and the party or parties meet to consider the possibility
				of resolving the dispute or any other matter as may aid in the disposition of
				the dispute. The member of the Board may direct one or more of the following
				dispositions:
(1) Submission to the Board
				with a recommendation to dismiss with no action;
(2) Submission to the Board with a
				recommendation that Board staff provide informal guidance to resolve the
				dispute;
(3) Submission to the
				Board with a recommendation to resolve the dispute or to expedite the hearing
				by consent order; or
(4)
				Scheduling, with appropriate notice, for contested case hearing.
The Board must approve all recommendations under
				  Subparagraphs (1), (2) and (3) of this Paragraph. The Board member who
				  participated in the conference may participate in Board discussions concerning
				  any recommendation made but may not vote upon the recommendation. The Board
				  member who participated in the conference shall disqualify himself or herself
				  in accordance with Rule .2011 of this Section from participation in any hearing
				  or decision in the matter discussed in the conference if the matter results in
				  a contested case hearing before the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2009 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Except as otherwise provided in this Section, parties must
				  file and serve motions related to a contested case at least ten days before the
				  hearing, except those made during the hearing. The presiding officer may decide
				  to hear pre-hearing motions either before the hearing or at the hearing before
				  witnesses testify.
Authority
				  G.S.
				  90-85.6;
				  150B-38;
				  150B-39;
				  150B-40;
				  150B-41;
Eff. July
				  1, 1988;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2010 - REPEALED - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  150B-38;
Eff. July
				  1, 1988;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Repealed Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2013 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party shall
				file and serve a request for a subpoena, attaching a proposed subpoena. A form
				of subpoena is available on the Board's website at ncbop.org/lawandrules.htm.
				The Board may issue the subpoena in accordance with
				G.S.
				150B-39(c). Subpoenas must
				be issued and signed by the Presiding Officer, the Board's Executive Director,
				the Board's legal counsel, or a Board staff member designated by the Executive
				Director.
(b) The party shall serve
				the subpoena along with the fees and expenses required by
				G.S.
				150B-39(c).
(c) After service of the subpoena, the party
				serving the subpoena shall file and serve sworn proof of the method of service,
				demonstrating compliance with
				G.S.
				150B-39(c).
(d)
									G.S.
				150B-39(c) governs the
				recipients' duties in responding to subpoenas. A party to the case or person
				subject to the subpoena may object to a subpoena by filing a motion to quash.
				The movant shall file and serve the motion to quash within 10 days of service
				of the subpoena or seven days before the contested case hearing, whichever is
				sooner. The Board shall hear and rule on objections as provided in
				G.S.
				150B-39(c).
Authority
				  G.S.
				  90-85.6;
				  150B-38;
				  150B-39;
				  150B-40;
Eff.
				  September 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2014 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
All testimony at the hearing shall be under oath or
				  affirmation and shall be recorded. The presiding officer may exclude witnesses
				  from the hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  90-85.6;
				  150B-38;
				  150B-39;
				  150B-40;
				  150B-41;
				  150B-42;
Eff. July
				  1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2015 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In a contested case, the Board shall issue a final agency
				  decision in compliance with
				  G.S.
				  150B-42. All final agency decisions shall be
				  drafted by Board staff or Board counsel and presented to the presiding officer.
				  In the event that the presiding officer determines that the drafted order does
				  not reflect the Board's findings of fact, conclusions of law, or ruling, the
				  presiding officer shall revise the drafted order to reflect the Board's
				  decision.
Authority
				  G.S.
				  90-85.6;
				  90-85.38;
				  150B-3;
				  150B-38;
				  150B-40;
				  150B-41;
				  150B-42;
Eff. July
				  1, 1988;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2016 - PROPOSALS FOR DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), that statute
				governs the procedures before the administrative law judge.
(b) Within 10 days after the proposal for
				decision is served on the parties under
				G.S.
				150B-40(e), a party may file
				and serve written exceptions to this proposal for decision and submit its own
				proposed findings of fact and conclusions of law. The party shall explicitly
				state what exceptions are taken to the decision or procedure and what relief
				the party seeks. Exceptions must refer to pages of the record or otherwise
				identify the occurrence to which the party takes exception. Each proposed
				finding of fact shall refer to pages of the record or otherwise identify the
				evidence supporting the proposed finding, and each proposed conclusion of law
				must refer to or otherwise identify both the findings of fact and legal support
				for the proposed conclusion. A party may file and serve written arguments along
				with the exceptions and proposed findings of fact and conclusions of
				law.
(c) A party may ask to present
				oral argument to the Board. The party must file and serve the request with the
				written submissions under Paragraph (b) of this Rule. If a party requests oral
				argument, the Board will notice the time and place for such oral argument. The
				presiding officer may set the terms of oral argument, including order of
				argument and time limitations.
(d)
				After the procedures set forth in this Section, the Board will issue a final
				agency decision in accordance with Rule .2015 of this Section.
Authority
				  G.S.
				  90-85.6;
				  150B-38;
				  150B-40;
				  150B-41;
				  150B-42;
Eff. July
				  1, 1988;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2101 - REPEALED - BOARD OF PHARMACY ELECTIONS: COMPOSITION AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.7;
Eff. April 1,
				  1983;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2102 - ELIGIBILITY TO VOTE

Current through Register Vol. 39, No. 2, July 15, 2024
Eligible voters for Board members shall be the pharmacists
				  licensed in North Carolina and residing in North Carolina on October 31 of the
				  year the election begins.
Authority
				  G.S.
				  90-85.7;
				  90-85.22;
Eff. April
				  1, 1983;
Amended Eff. May 1, 2017; September 1, 1995; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  April 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2103 - GEOGRAPHIC REPRESENTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Pharmacist members of the Board shall be elected from five
				  geographic areas of the state. These five geographic areas are:
(1) The Western District, consisting of
				Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba,
				Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson,
				Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain,
				Transylvania, Watauga, Wilkes and Yancey Counties;
(2) The Northern District, consisting of
				Alamance, Caswell, Forsyth, Guilford, Orange, Person, Rockingham, Stokes, Surry
				and Yadkin Counties;
(3) The
				Central District, consisting of Anson, Cabarrus, Chatham, Davidson, Davie,
				Iredell, Lee, Mecklenburg, Montgomery, Moore, Randolph, Richmond, Rowan, Stanly
				and Union Counties;
(4) The
				Northeastern District, consisting of Bertie, Camden, Chowan, Currituck, Dare,
				Durham, Edgecombe, Franklin, Gates, Granville, Halifax, Hertford, Hyde, Martin,
				Nash, Northampton, Pasquotank, Perquimans, Tyrell, Vance, Wake, Warren,
				Washington and Wilson Counties; and
(5) The Southeastern District, consisting of
				Beaufort, Bladen, Brunswick, Carteret, Columbus, Craven, Cumberland, Duplin,
				Greene, Harnett, Hoke, Johnston, Jones, Lenoir, New Hanover, Onslow, Pamlico,
				Pender, Pitt, Robeson, Sampson, Scotland and Wayne Counties.
Authority
				  G.S.
				  90-85.7;
Eff. April 1,
				  1983;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2104 - COMMITTEE ON NOMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event that no eligible candidates have petitioned for
				  nomination, the Board may appoint an advisory committee on nominations in
				  September of each year that an election for Board position(s) begins. Members
				  of this committee shall submit at least two names of eligible candidates for
				  each position to be filled on the Board by October 1 for the next
				  election.
Authority
				  G.S.
				  90-85.7;
Eff. April 1,
				  1983;
Amended Eff. May 1, 2017; July 1, 1996; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  April 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2105 - NOMINATION BY PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
Nominations may also be made by the petition of 10 eligible
				  voters from a geographic area as specified in Rule .2103 of this Section. Any
				  petition shall be filed in the Board office or postmarked before October 1 for
				  the next election.
Authority
				  G.S.
				  90-85.7;
Legislative Objection
				  Lodged Eff. March 29, 1983;
Eff. April 1, 1983;
Curative Eff. April 1, 1983;
Amended Eff. May 1, 2017; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2106 - CONSENT TO NOMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
A person's name shall not be placed on the ballot without
				  their written consent.
Authority
				  G.S.
				  90-85.7;
Eff. April 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2107 - BALLOTS: CASTING AND COUNTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				ballot casting period for each election for a Board position shall begin on the
				November 1 six months prior to the expiration of a Board member's five-year
				term of office and shall conclude the March 1 after the ballot casting period
				begins.
(b) The Board shall provide
				access to an electronic ballot to all eligible voters on November 1 of each
				year that an election for Board position(s) begins.
(c) A description of a nominee's
				qualifications shall be accessible to all eligible voters.
(d) On or before the March 1 that the ballot
				casting period ends, all ballots shall be cast electronically.
(e) Ballots received shall be counted and
				certified by the Board of Pharmacy at the next regularly scheduled Board
				meeting following an election or at a special Board meeting called and noticed
				for the purpose of counting and certifying the ballots cast. The Board of
				Pharmacy shall determine the validity of any challenged ballot, and electronic
				or mechanical devices may be used in compiling election results. No person
				standing for election may participate in the counting and certification of
				ballots for the election involving that person.
(f) If, by operation of Rule .2108 of this
				Section, a candidate is eligible to request a run-off election, that candidate
				must provide a request for a run-off, in writing to the Board's Executive
				Director within one week of the date that the Board certifies the election
				results. The run-off election shall begin one week from the date that the
				eligible candidate requests the run-off election and the ballot casting period
				shall be open for two weeks. With the exception of ballot casting period dates,
				a run-off election shall follow the same procedures described in this
				Rule.
(g) The Executive Director
				shall convey the certified election results to the Governor.
Authority
				  G.S.
				  90-85.7;
Eff. April 1,
				  1983;
Amended Eff. May 1, 2017; January 1, 2009; April 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2108 - DETERMINATION OF ELECTION RESULTS

Current through Register Vol. 39, No. 2, July 15, 2024
The determination of election results under this Section
				  shall be in accordance with
				  G.S.
				  163-111(a)(1) and (b)(1). A
				  copy of G.S. 163-111 is available at
www.ncleg.net
.
Authority
				  G.S.
				  90-85.7;
Eff. March 1,
				  1991;
Amended Eff. May 1, 2017; December 1, 2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2100 - ELECTIONS › Section 46 .2109 - REPEALED - DEVICE AND MEDICAL EQUIPMENT COMMITTEE REPRESENTATIVES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-85.6;
				  90-85.22;
Eff.
				  September 1, 1995;
Amended Eff. April 1, 2003;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Repealed Eff.
				  April 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2200 - CONTINUING EDUCATION › Section 46 .2201 - HOURS: RECORDS: PROVIDERS: CORRESPONDENCE: RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a condition of license renewal, a
				pharmacist shall accumulate 15 hours of continuing education
				annually.
(b) Five of these
				continuing education hours shall be obtained through contact programs. Contact
				programs are those in which there is an opportunity for live two-way
				communication between the presenter and attendee. An online continuing
				education course may satisfy this contact-hour requirement provided that the
				continuing education course includes live two-way communication between the
				presenter and attendee.
(c) A
				pharmacist shall preserve all continuing education records for three years. If
				a continuing education provider approved in Paragraph (e) of this Rule
				maintains an electronic database of all pharmacists granted continuing
				education credits accredited by the provider, then the storage of that
				information in the provider's database shall be deemed to satisfy the
				pharmacist's recordkeeping requirement.
(d) Upon license renewal, the pharmacist
				shall report continuing education hours through the Board's online license
				renewal portal. The Board may require a pharmacist to submit records, reports
				of accredited hours and certificates of credit on a random basis pursuant to a
				continuing education audit.
(e) All
				continuing education shall be obtained through continuing education courses
				accredited by the Accreditation Council for Pharmacy Education or the North
				Carolina Association of Pharmacists. Pharmacists may also acquire five hours
				continuing education credit for precepting, for at least 160 hours, a student
				enrolled in the University of North Carolina Eshelman School of Pharmacy, the
				Campbell University College of Pharmacy and Health Sciences, the Wingate
				University School of Pharmacy, or the High Point University Fred Wilson School
				of Pharmacy as part of these schools' academic program.
(f) A pharmacist shall be exempt from the
				requirements of this Rule if:
(1) The
				pharmacist is eligible for a waiver of continuing education requirements under
				21 NCAC
				46 .1613; or
(2) For the entire year preceding license
				renewal, the pharmacist resided in another state, did not practice pharmacy in
				North Carolina, and satisfied the state of residence's continuing education
				requirements for pharmacist licensure.