GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

SESSION LAW 2021-70

HOUSE BILL 629

AN ACT to make clarifications regarding the conditions in which a physician assistant or nurse practitioner must consult with a supervising physician prior to prescribing a targeted controlled substance.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 90‑18.1 reads as rewritten:

"§ 90‑18.1.  Limitations on physician assistants.

…

(b)        Physician assistants are authorized to write prescriptions for drugs under the following conditions:

(1)        The North Carolina Medical Board has adopted regulations governing the approval of individual physician assistants to write prescriptions with such limitations as the Board may determine to be in the best interest of patient health and safety.

(2)        The physician assistant holds a current license issued by the Board.

…

(4)        The supervising physician has provided to the physician assistant written instructions about indications and contraindications for prescribing drugs and a written policy for periodic review by the physician of the drugs prescribed.

(5)        A physician assistant shall personally consult with the supervising physician prior to prescribing a targeted controlled substance as defined in Article 5 of this Chapter when all of the following conditions apply:

a.         The patient is being treated by a facility that primarily engages in the treatment of pain by prescribing narcotic medications or advertises in any medium for any type of pain management services.medications.

b.         The therapeutic use of the targeted controlled substance will or is expected to exceed a period of 30 days.

…."

SECTION 1.(b)  G.S. 90‑18.2 reads as rewritten:

"§ 90‑18.2.  Limitations on nurse practitioners.

…

(b)        Nurse practitioners are authorized to write prescriptions for drugs under all of the following conditions:

(1)        The North Carolina Medical Board and Board of Nursing have adopted regulations developed by a joint subcommittee governing the approval of individual nurse practitioners to write prescriptions with such limitations as the boards may determine to be in the best interest of patient health and safety.

(2)        The nurse practitioner has current approval from the boards.

…

(4)        The supervising physician has provided to the nurse practitioner written instructions about indications and contraindications for prescribing drugs and a written policy for periodic review by the physician of the drugs prescribed.

(5)        A nurse practitioner shall personally consult with the supervising physician prior to prescribing a targeted controlled substance as defined in Article 5 of this Chapter when all of the following conditions apply:

a.         The patient is being treated by a facility that primarily engages in the treatment of pain by prescribing narcotic medications or advertises in any medium for any type of pain management services.medications.

…."

SECTION 2.  This act becomes effective October 1, 2021.

In the General Assembly read three times and ratified this the 22^nd day of June, 2021.

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 11:58 a.m. this 2^nd day of July, 2021