21 NCAC 36 .0809             PRESCRIBING AUTHORITY

(a)  The prescribing stipulations contained in this Rule apply to writing prescriptions and ordering the administration of medications.

(b)  Prescribing and dispensing stipulations are as follows:

(1)           Drugs and devices that may be prescribed by the nurse practitioner in each practice site shall be included in the collaborative practice agreement as outlined in Rule .0810(2) of this Section.

(2)           Controlled Substances (Schedules II, IIN, III, IIIN, IV, V) defined by the State and Federal Controlled Substances Acts may be procured, prescribed, or ordered as established in the collaborative practice agreement, providing all of the following requirements are met:

(A)          the nurse practitioner has an assigned DEA number that is entered on each prescription for a controlled substance;

(B)          refills may be issued consistent with Controlled Substance laws and regulations; and

(C)          the primary supervising physician(s) shall possess a schedule(s) of controlled substances equal to or greater than the nurse practitioner's DEA registration.

(3)           The nurse practitioner may prescribe a drug or device not included in the collaborative practice agreement only as follows:

(A)          upon a specific written or verbal order obtained from a primary or back-up supervising physician before the prescription or order is issued by the nurse practitioner; and

(B)          the written or verbal order as described in Part (b)(3)(A) of this Rule shall be entered into the patient record with a notation that it is issued on the specific order of a primary or back-up supervising physician and signed by the nurse practitioner and the physician.

(4)           Each prescription shall be noted on the patient's chart and include the following information:

(A)          medication and dosage;

(B)          amount prescribed;

(C)          directions for use;

(D)          number of refills; and

(E)           signature of nurse practitioner.

(5)           Prescription Format:

(A)          all prescriptions issued by the nurse practitioner shall contain the name of the patient and the nurse practitioner's name and telephone number;

(B)          the nurse practitioner's assigned DEA number shall be written on the prescription form when a controlled substance is prescribed as defined in Subparagraph (b)(2) of this Rule.

(6)           A nurse practitioner shall not prescribe controlled substances, as defined by the State and Federal Controlled Substances Acts, for the following:

(A)          nurse practitioner's own use;

(B)          nurse practitioner's supervising physician;

(C)          member of the nurse practitioner's immediate family, which shall mean a:

(i)            spouse;

(ii)           parent;

(iii)          child;

(iv)          sibling;

(v)           parent-in-law;

(vi)          son or daughter-in-law;

(vii)         brother or sister-in-law;

(viii)        step-parent;

(ix)          step-child; or

(x)           step-siblings;

(D)          any other person living in the same residence as the licensee; or

(E)           anyone with whom the nurse practitioner is having a physical, sexual, or emotionally intimate relationship.

(c)  The nurse practitioner may obtain approval to dispense the drugs and devices other than samples included in the collaborative practice agreement for each practice site from the Board of Pharmacy, and dispense in accordance with 21 NCAC 46 .1703 that is hereby incorporated by reference including subsequent amendments.

History Note:        Authority G.S. 90-8.1; 90-8.2; 90-18.2; 90-18(c)(14); 90-171.23(b)(14);

Recodified from 21 NCAC 36 .0227(h) Eff. August 1, 2004;

Amended Eff. March 1, 2017; December 1, 2012; April 1, 2011; November 1, 2008; August 1, 2004;

Readopted Eff. January 1, 2019;

Amended Eff. August 1, 2021.