Generated 8/16/2018 at 10:19 PM
Commission Review
Log of Permanent Rule Filings
January 23, 2008 through February 20, 2008
Agriculture, Board of
The rules in Chapter 48 are Board of Agriculture rules governing the plant industry, including plant protection, fertilizer, seeds, liming materials and landplaster, and genetically engineered organisms. The rules in Subchapter 48A are plant protection rules directed at specific plant problems or methods of protection including regulations incorporated by reference (.0100); the honey and bee industry (.0200); exterior pests (.0300); white pine blister rust (.0400); witchweed (.0500); protection against the boll weevil (.0600); imported fire ant (.0700); potato virus y (.0800); sweet potato weevil (.0900); vegetable plant certification (.1000); tobacco plant certification (.1100); nursery certification (.1200); movement for scientific purposes (.1300); forms (.1400); gypsy moth (.1500); phytophagous snails (.1600); and control of noxious weeds (.1700).
Issuance of Certificates and Limited Permits
Amend
02 NCAC 48A .1706
The rules in Subchapter 52B cover animal diseases, treatment, and protection including quarantine (.0100), admission of livestock to North Carolina (.0200), brucellosis regulations (.0300), equine infectious anemia (.0400), poultry diseases (.0500), poultry hatcheries (.0600); and scrapie disease (.0700).
Importation Requirements: Goats
Repeal
02 NCAC 52B .0208
Importation Requirements: Sheep
Amend
02 NCAC 52B .0209
Identification Requirements
Adopt
02 NCAC 52B .0701
Identification Methodology
Adopt
02 NCAC 52B .0702
Recordkeeping
Adopt
02 NCAC 52B .0703
Reporting Requirement
Adopt
02 NCAC 52B .0704
Quarantine
Adopt
02 NCAC 52B .0705
Tissue Collection
Adopt
02 NCAC 52B .0706
Carcass Disposal
Adopt
02 NCAC 52B .0707
The rules in Subchapter 52J are enforced by the animal welfare section and include rules about record keeping and licensing (.0100); facilities and operating standards (.0200); transportation standards (.0300); euthanasia standards (.0400); euthanasia by injection (.0500); euthanasia by carbon monoxide (.0600); extraordinary circumstances (.0700); and policy and procedure manual (.0800).
Outdoor Facilities
Amend
02 NCAC 52J .0203
Veterinary Care
Amend
02 NCAC 52J .0210
Primary Enclosures Used in Transporting Dogs and Cats
Amend
02 NCAC 52J .0302
Adoption by Reference
Adopt
02 NCAC 52J .0401
Authorized Persons
Adopt
02 NCAC 52J .0402
Definitions
Adopt
02 NCAC 52J .0403
Certification Requirements for Euthanasia Technicians
Adopt
02 NCAC 52J .0404
Certification Standards
Adopt
02 NCAC 52J .0405
Application Requirements
Adopt
02 NCAC 52J .0406
Training and Examinations
Adopt
02 NCAC 52J .0407
Trainers
Adopt
02 NCAC 52J .0408
Probationary Euthanasia Technicians
Adopt
02 NCAC 52J .0409
Exam Required
Adopt
02 NCAC 52J .0410
New Application
Adopt
02 NCAC 52J .0411
Issuance of Certification
Adopt
02 NCAC 52J .0412
Length of Certification
Adopt
02 NCAC 52J .0413
Termination of Employment
Adopt
02 NCAC 52J .0414
Notice of Termination
Adopt
02 NCAC 52J .0415
Recertification
Adopt
02 NCAC 52J .0416
Certification Renewal
Adopt
02 NCAC 52J .0417
Duties
Adopt
02 NCAC 52J .0418
Grounds for Discipline - Certified Euthanasia Technicians
Adopt
02 NCAC 52J .0419
Criminal Convictions
Adopt
02 NCAC 52J .0420
Intracardiac Injection
Adopt
02 NCAC 52J .0501
Intracardiac Injection
Adopt
02 NCAC 52J .0502
Carbon Monoxide Equipment
Adopt
02 NCAC 52J .0601
Prohibited Uses
Adopt
02 NCAC 52J .0602
Dead Animals
Adopt
02 NCAC 52J .0603
Individual Separation
Adopt
02 NCAC 52J .0604
Chamber Requirements
Adopt
02 NCAC 52J .0605
Inspections and Records
Adopt
02 NCAC 52J .0606
Cleaning Chamber
Adopt
02 NCAC 52J .0607
Operational Guides and Instruction Manuals
Adopt
02 NCAC 52J .0608
Persons Required to be Present
Adopt
02 NCAC 52J .0609
Methods of Euthanasia Permitted Under Extraordinary Circu...
Adopt
02 NCAC 52J .0701
Gunshot or Other Methods
Adopt
02 NCAC 52J .0702
Methods and Standards
Adopt
02 NCAC 52J .0703
Technician Not Required
Adopt
02 NCAC 52J .0704
Reports
Adopt
02 NCAC 52J .0705
Manual Required
Adopt
02 NCAC 52J .0801
Contents
Adopt
02 NCAC 52J .0802
Additional Contents
Adopt
02 NCAC 52J .0803
Banks, Office of the Commissioner
The rules in Chapter 3 are from the Banking Commission or the Commissioner of Banks. The rules in Subchapter 3M concern mortgage lending including general mortgage lending (.0100); licensing (.0200); education and examinations (.0300); reporting and notification requirements (.0400); record and bookkeeping requirements (.0500), origination practices (.0600); and servicing (.0700).
Definitions
Amend
04 NCAC 03M .0101
Experience
Amend
04 NCAC 03M .0204
Financial Responsibility
Adopt
04 NCAC 03M .0205
Surety Bond
Adopt
04 NCAC 03M .0206
Approval of Providers and Programs
Amend
04 NCAC 03M .0301
Annual Reporting Requirements
Amend
04 NCAC 03M .0401
Amendments to Information on File With the Commissioner
Amend
04 NCAC 03M .0402
Termination of Operations
Amend
04 NCAC 03M .0403
Records to be Maintained
Amend
04 NCAC 03M .0501
Medical Care Commission
The rules in Chapter 13 are from the NC Medical Care Commission. The rules in Subchapter 13B set standards for the licensing of hospitals including supplemental rules for the licensure of skilled intermediate, adult care home beds in a hospital (.1900); specialized rehabilitative and rehabilitative services (.2000); general information (.3000); procedure (.3100); general requirements (.3200); patientsí bill of rights (.3300); supplemental rules for the licensure of critical care hospitals (.3400); grievance and management (.3500); management and administration of operations (.3600); medical staff (.3700); nursing services (.3800); medical record services (.3900); outpatient services (.4000); emergency services (.4100); special care units (.4200); maternal-neonatal services (.4300); respiratory care services (.4400); pharmacy services and medication administration (.4500); surgical and anesthesia services (.4600); nutrition and dietetic services (.4700); diagnostic imaging (.4800); laboratory services and pathology (.4900); physical rehabilitation services (.5000); infection control (.5100); psychiatric services (.5200); nursing and adult care beds (.5300); comprehensive inpatient rehabilitation (.5400); supplemental rules for hospitals providing living organ donation transplant services (.5500); physical plant (.6000); general requirements (.6100); and construction requirements (.6200).
Minimum Provisions of Patient's Bill of Rights
Amend
10A NCAC 13B .3302
The rules in subchapter 13F concern licensing of homes for the aged and infirm and include definitions (.0100); licensing (.0200); physical plant (.0300); staff qualification (.0400); staff orientation training, competency and continuing education (.0500); staffing (.0600); admission and discharge (.0700); resident assessment and care plan (.0800); resident care and services (.0900); medication (.1000); Resident's funds and refunds (.1100); policies; records and reports (.1200); special care units for alzheimer and related disorders (.1300); special care units for mental health disorders (.1400); use of physical restraints and alternatives (.1500); and rated certificates (.1600).
Scope
Adopt
10A NCAC 13F .1601
Issuance of Rated Certificates
Adopt
10A NCAC 13F .1602
Statutory and Rule Requirements Affecting Rated Certificates
Adopt
10A NCAC 13F .1603
Rating Calculation
Adopt
10A NCAC 13F .1604
Contents of Rated Certificate
Adopt
10A NCAC 13F .1605
The rules in subchapter 13G concern licensing of family care homes including definitions (.0100); licensing (.0200); the building (.0300); staff qualifications (.0400); staffing orientation, training, competency and continuing education (.0500); staffing of the home (.0600); admission and discharge (.0700); resident assessment and care plan (.0800); resident care and services (.0900); medications (.1000); management and resident's funds and refunds (.1100); policies, records and reports (.1200); use of physical restraints and alternatives (.1300); and rated certificates (.1600).
Scope
Adopt
10A NCAC 13G .1601
Issuance of Rated Certificate
Adopt
10A NCAC 13G .1602
Statutory and Rule Requirements Affecting Rated Certificates
Adopt
10A NCAC 13G .1603
Rating Calculation
Adopt
10A NCAC 13G .1604
Contents of Rated Certificate
Adopt
10A NCAC 13G .1605
Public Health, Commission for
The rules in Chapter 41 concern epidemiology health. The rules in Subchapter 41A deal with communicable disease control and include reporting of communicable diseases (.0100); control measures for communicable diseases including special control measures (.0200-.0300); immunization (.0400); purchase and distribution of vaccine (.0500); special program/project funding (.0600); licensed nursing home services (.0700); communicable disease grants and contracts (.0800); and biological agent registry (.0900).
Reportable Diseases and Conditions
Amend
10A NCAC 41A .0101
Control Measures - Sexually Transmitted Diseases
Amend
10A NCAC 41A .0204
The rules in Chapter 43 concern personal health. The rules in Subchapter 43A concern family planning including general policies (.0100); local provider funding (.0200); local provider services (.0300); quality assurance (.0400); program policies governing clinical procedures (.0500); and teen pregnancy prevention (.0800).
Criteria for Project Selection
Amend
10A NCAC 43A .0808
Criminal Justice Education and Training Standards Commission
The rules in Chapter 9 are from the Criminal Justice Education and Training Standards Commission. This Commission has primary responsibility for setting statewide education, training, employment, and retention standards for criminal justice personnel (not including sheriffs). The rules in Subchapter 9B cover minimum standards for: employment (.0100); schools and training programs (.0200); criminal justice instructors (.0300); completion of training (.0400); school directors (.0500); and certification of post-secondary criminal justice education programs (.0600).
Basic Training - Wildlife Enforcement Officers
Amend
12 NCAC 09B .0228
The rules in Subchapter 9C concern the administration of criminal justice education and training standards including responsibilities of the criminal justice standards division (.0100); forms (.0200); certification of criminal justice officers (.0300); accreditation of criminal justice schools and training courses (.0400); minimum standards for accreditation of associate of applied science degree programs incorporating basic law enforcement training (.0500); and equipment and procedures (.0600).
Certification of Criminal Justice Schools
Amend
12 NCAC 09C .0401
The rules in Chapter 9 are from the Criminal Justice Education and Training Standards Commission. The rules in Subchapter 9E relate to the law enforcement officers' in-service training program.
Required Annual In-Service Training Topics
Amend
12 NCAC 09E .0102
Instructors Annual In Service Training
Amend
12 NCAC 09E .0104
Minimum Training Specifications: Annual In-Service Training
Amend
12 NCAC 09E .0105
The rules in Subchapter 9G are the standards for correction including scope, applicability and definitions (.0100); minimum standards for certification of correctional officers, probation/parole officers, and probation/parole officers-intermediate (.0200); certification of correctional officers, probation/parole officers, probation/parole officers intermediate and instructors (.0300); minimum standards for training of correctional officers, probation/parole officers, and probation/parole officers-intermediate (.0400); enforcement of rules (.0500); professional certification program (.0600); and forms (.0700).
Corrections Specialized Instructor Training - Firearms
Amend
12 NCAC 09G .0415
Coastal Resources Commission
The rules in Chapter 7 are coastal management rules. The rules in Subchapter 7B are land use planning guidelines including introduction (.0600); land use planning (.0700); CAMA land use plan review and CRC certification (.0800); and CAMA land use plan amendments (.0900).
Presentation to Coastal Resources Commission for Certific...
Amend
15A NCAC 07B .0802
The rules in Subchapter 7H are the state guidelines for areas of environmental concern (AECs) including introduction and general comments (.0100); the estuarine system (.0200); ocean hazard areas (.0300); public water supplies (.0400); natural and cultural resource areas (.0500); development standards (.0600); general permits for construction or maintenance of bulkheads and the placement of riprap for shoreline protection in estuarine and public trust waters (.1100); piers, docks and boat houses in estuarine and public trust waters (.1200); general permit to construct boat ramps along estuarine and public trust shorelines and into estuarine and public trust waters (.1300); groins in estuarine and public trust waters (.1400); excavation within or connecting to existing canals, channels, basins, or ditches in estuarine waters, public trust waters, and estuarine shoreline AECs (.1500); aerial and subaqueous utility lines with attendant structures in coastal wetlands, estuarine waters, public trust waters and estuarine shorelines (.1600); emergency work requiring a CAMA or a dredge and fill permit (.1700); beach bulldozing landward of the mean high-water mark in the ocean hazard AEC (.1800); temporary structures within the estuarine and ocean hazard AECs (.1900); authorizing minor modifications and repair to existing pier/mooring facilities in estuarine and public trust waters and ocean hazard areas (.2000); construction of sheetpile sill for shoreline protection in estuarine and public trust waters (.2100); construction of freestanding moorings in established waters and public trust areas (.2200); replacement of existing bridges and culverts in estuarine waters, estuarine shorelines, public trust areas and coastal wetlands (.2300); placement of riprap for wetland protection in estuarine and public trust waters (.2400); replacement of structures; the reconstruction of primary or frontal dune systems; and the maintenance excavation of existing canals, basins, channels, or ditches, damaged, destroyed, or filled in by hurricanes or tropical storms (.2500); construction of wetland, stream and buffer mitigation sites by the North Carolina Ecosystem Enhancement Program or the North Carolina Wetlands Restoration Program (.2600); and the construction of riprap sills for wetland enhancement in estuarine and public trust waters (.2700).
Coastal Shorelines
Amend
15A NCAC 07H .0209
General Identification and Description of Landforms
Amend
15A NCAC 07H .0305
Specific Use Standards for Ocean Hazard Areas
Amend
15A NCAC 07H .0308
Technical Standards for Beach Fill Projects
Amend
15A NCAC 07H .0312
Public Health, Commission for
The rules in Chapter 18 cover environmental aspects of health such as sanitation (18A), mosquito control (18B), water supplies (18C), and water treatment facility operators (18D). The rules in Subchapter 18A deal with sanitation and include handling, packing and shipping of crustacean meat (.0100) and shellfish (.0300 and .0400); operation of shellstock plants and reshippers (.0500); shucking and packing plants (.0600); depuration mechanical purification facilities (.0700); wet storage of shellstock (.0800); shellfish growing waters (.0900); summer camps (.1000); grade A milk (.1200); hospitals, nursing homes, rest homes, etc. (.1300); mass gatherings (.1400); local confinement facilities (.1500); residential care facilities (.1600); protection of water supplies (.1700); lodging places (.1800); sewage treatment and disposal systems (.1900); migrant housing (.2100); bed and breakfast homes (.2200); delegation of authority to enforce rules (.2300); public, private and religious schools (.2400); public swimming pools (.2500); restaurants, meat markets, and other food handling establishments (.2600); child day care facilities (.2800); restaurant and lodging fee collection program (.2900); bed and breakfast inns (.3000); lead poisoning prevention (.3100); tattooing (.3200); adult day service facilities (.3300); primitive camps (.3500); rules governing the sanitation of resident camps (.3600); and private drinking water well sampling (.3800).
Inspections and Reinspections
Amend
15A NCAC 18A .2604
Grading
Amend
15A NCAC 18A .2606
Grading
Amend
15A NCAC 18A .3606
Definitions
Adopt
15A NCAC 18A .3801
Sample Collection
Adopt
15A NCAC 18A .3802
Sample Analysis
Adopt
15A NCAC 18A .3803
Reporting
Adopt
15A NCAC 18A .3804
Data Review
Adopt
15A NCAC 18A .3805
Well Contractors Certification Commission
The rules in Chapter 27 concern well contractor certification including duties and definitions (.0100); well contractor fees (.0200); certification of well contractors (.0300); certification by examination (.0400); certification without examination (.0500); certification renewal (.0600); types of certification (.0700); continuing education (.0800); and procedures for disciplinary actions (.0900).
Types of Certification
Amend
15A NCAC 27 .0110
Schedule of Certification Fees
Amend
15A NCAC 27 .0201
Application for Certification
Amend
15A NCAC 27 .0301
Submittal and Processing of Applications for Examinations
Amend
15A NCAC 27 .0401
Well Contractor Examinations
Amend
15A NCAC 27 .0410
Certification by Legislative Exemption
Repeal
15A NCAC 27 .0501
Requirements of Certification
Adopt
15A NCAC 27 .0702
Level D Certification Without Examination
Adopt
15A NCAC 27 .0703
Certification Without Examination in 2008
Adopt
15A NCAC 27 .0704
Recordkeeping
Amend
15A NCAC 27 .0830
Revocation, Relinquishment or Expiration of Certification
Amend
15A NCAC 27 .0901
Revenue, Department of
The rules in Subchapter 4C concern cigarette tax including definitions (.0100); cigarette distributors license (.0200); affixation of stamps and receipts (.0500); requirements for cigarette manufacturers (.0600); receipt of untaxed cigarettes (.0700); entities exempt from the Tobacco Products Tax Act (.0800); reports and records required of distributors (.0900); refunds of the cigarette tax (.1000); how tax applies on railroads and ocean-going vessels (.1100); rules relevant to cigarette vending machines (.1200); home requirements for other tobacco products besides cigarettes (.1300); manufacturers of other tobacco products (.1400); who is liable for the other tobacco products excise tax (.1500); how to designate sales as exempt (.1700); monthly report, invoice and record requirements (.1800); and other tobacco products vending machines (.1900).
Out-of-State Sales: Nonresident Registration
Amend
17 NCAC 04C .0504
The rules in Subchapter 04E concern alcoholic beverages tax including licenses (.0100); monthly reports: payment of tax (.0200); spoilage: breakage and destruction (.0300); military beer and wine (.0400); ocean-going beer and wine (.0500); bond required (.0600); and distribution of malt and wine excise tax to local governments (.0700).
Bond Required of Wholesaler and Importer
Amend
17 NCAC 04E .0601
The rules in Subchapter 5D concern declaration of income by corporations.
Remedy
Adopt
17 NCAC 05D .0114
Medical Board
The rules in Chapter 32 are from the Medical Board. The rules in Subchapter 32B concern license to practice medicine including prescribing (.1000); general (.1300); resident's training license (.1400); faculty limited license (.1500); purpose license (.1600); other business (.1700); and expedited license for physician license (.2000).
Certified Photograph and Certification of Graduation
Repeal
21 NCAC 32B .0204
Application Forms
Repeal
21 NCAC 32B .0206
Letters of Recommendation
Repeal
21 NCAC 32B .0207
Fee
Repeal
21 NCAC 32B .0209
Required Application Materials
Repeal
21 NCAC 32B .0210
Passing Score
Repeal
21 NCAC 32B .0211
Examination Times
Repeal
21 NCAC 32B .0212
Graduate Medical Education and Training for Licensure
Repeal
21 NCAC 32B .0213
Personal Interview
Repeal
21 NCAC 32B .0214
The rules in Subchapter 32M regulate the approval, registration and practice of nurse practitioners (.0100).
Continuing Education
Amend
21 NCAC 32M .0107
The rules in Chapter 32 include the licensing and practice standards of doctors, approval of nurse practitioners and physician assistants, regulation of professional corporations and mobile intensive care, and other aspects of medical practice and the regulatory procedures. The rules in Subchapter 32W concern the regulations of anesthesiologist assistants.
Definitions
Adopt
21 NCAC 32W .0101
Qualifications for License
Adopt
21 NCAC 32W .0102
Inactive License Status
Adopt
21 NCAC 32W .0103
Annual Renewal
Adopt
21 NCAC 32W .0104
Continuing Medical Education
Adopt
21 NCAC 32W .0105
Student Anesthesiologist Assistants
Adopt
21 NCAC 32W .0106
Exemption from License
Adopt
21 NCAC 32W .0107
Scope of Practice
Adopt
21 NCAC 32W .0108
Supervision of Anesthesiologist Assistants
Adopt
21 NCAC 32W .0109
Limitations on Practice
Adopt
21 NCAC 32W .0110
Title and Practice Protection
Adopt
21 NCAC 32W .0111
Identification Requirements
Adopt
21 NCAC 32W .0112
Fees
Adopt
21 NCAC 32W .0113
Violations
Adopt
21 NCAC 32W .0114
Practice During a Disaster
Adopt
21 NCAC 32W .0115
Nursing, Board of
The rules in Chapter 36 include rules relating to general provisions (.0100); licensure (.0200); approval of nursing programs (.0300); unlicensed personnel and nurses aides (.0400); professional corporations (.0500); articles of organization (.0600); nurse licensure compact (.0700); and approval and practice parameters for nurse practitioners (.0800).
License Required
Amend
21 NCAC 36 .0221
Clinical Nurse Specialist Practice
Amend
21 NCAC 36 .0228
Out of State Students
Adopt
21 NCAC 36 .0233
Administration
Amend
21 NCAC 36 .0317
Medication Aide Training Requirements
Amend
21 NCAC 36 .0406
Continuing Education (CE)
Amend
21 NCAC 36 .0807