About the Board

Session Law 2021-110 required the Board of Pharmacy and the Medical Board to adopt “a statement of ethics for immunizing pharmacists.” Moreover, Session Law 2021-110 adopted “unprofessional conduct” as a new ground of discipline for pharmacists (and, by extension, pharmacies) in G.S. 90-85.38. The Boards have jointly proposed adoption of the American
Pharmacists Association Code of Ethics to define professional conduct, including but not limited to that conduct by immunizing pharmacists. This reflects an approach taken by numerous licensing boards in adopting an established industry set of conduct standards as reflecting appropriate professional practice. Proposed new rule 21 NCAC 46 .1820 would adopt that code of ethics by reference, and the amendments to Rule .2507 would refer to that rule as specifically governing pharmacists’ immunization activities.

The Medical Board has proposed amending 21 NCAC 32U .0101 to effectively adopt the amendments to Rule .2507 by reference (and also thereby the application of new Rule .1820 to immunization).

Session Law 2021-3, Section 2.9.(a), permits “immunizing pharmacists” (as defined by statute) to administer long-acting injectable medications to adults pursuant to prescription. The law became effective on October 1, 2021, and the Board of Pharmacy adopted a temporary rule (21 NCAC 46 .2514) to implement the section, as permitted by the statute. Because of the placement of the longacting injectable authority in the “immunizing pharmacist” statute (90-85.15B), a permanent rule governing the administration of these drugs must be approved by both the Board of Pharmacy and the Medical Board. The Board of Pharmacy has proposed adoption of a permanent version of Rule .2514. The proposed rule would put appropriate standards in place for training, recordkeeping and other requirements needed to ensure that the drugs are administered with adequate protection of the public health, safety, and welfare. The requirements in the proposed rule are largely imported from 21 NCAC 46 .2507, which governs immunizing pharmacist administration of vaccines, so that the regulated pharmacists will already be familiar with these requirements. Moreover, the proposed permanent rule does not vary in any substantial way from the temporary rule that has been operating without any known incident since October 1, 2021. The Medical Board has proposed a new rule (21 NCAC 32U .0102) that would adopt proposed permanent Rule .2514 by reference.

To promote judicial economy by providing that the Board will decline to issue declaratory rulings for matters that are currently under investigation or are the subject of public disciplinary charges. The proposed amendments reflect the exhaustion of administrative remedies doctrine.