Notice of Public Hearing and Comment Period on the Following Proposed Actions:

AMENDMENT TO 21 NCAC 46 .1418 HEALTH CARE FACILITY PHARMACY TECHNICIANS

Time and Date of Hearing:  10:00AM, January 6, 2026

Reasons for Proposed Action(s):
The Board of Pharmacy proposes amending this rule to expand health care facilities’ discretion in employing their pharmacy technicians in several ways. These proposed amendments are the culmination of a two-year process of a Board working group that included representatives of a wide variety of health care facility pharmacies, including hospitals, long-term care facilities, hospice and others.

The rule currently sets out certain functions that can be performed in hospitals by “validating technicians,” which was the defined term that the Board used to describe technicians that the Board determined had the knowledge to perform those specific tasks.

First, the industry experts recommended expansion of the tasks that validating technicians may perform under the oversight of a health care facility pharmacist. The amendment proposes to increase the ability of those technicians to confirm that automated devices have functioned as intended in dispensing or preparing drugs, given that the technology has an extremely high accuracy rate, and that the drugs still must be reviewed by a pharmacist as safe and effective for the patient. The amendment further proposes to allow technicians to validate the preparation and packaging of large-batch, low-risk, non-patient-specific products.

Second, the proposed amendment would increase the number of technicians who can serve as validating technicians. At the time of the initial rule, an associate’s degree in pharmacy technology was the only available credential with adequate assurances that technicians could perform the tasks set out in the rule. However, the Pharmacy Technician Certification Board has since created certification programs for a variety of technician competencies and tasks. The working group carefully considered the components of those programs and whether (and which of) those programs are adequate preparation for certain tasks. The proposed amendment reflects that judgment. Furthermore, the Pharmacy Technician Certification Board programs are accessible to any technician, rather than only those technicians who have the ability to attend an associate’s degree program. North Carolina already leads the country in the number of technicians holding these certifications, and the proposed amendment would recognize their qualifications to perform these tasks.

Third, the current rule is limited to hospital pharmacies and technicians. The proposed amendment would expand to include all health care facilities that are addressed in the relevant section and defined in 21 NCAC 46 .1317. The original rule was limited, as it arose out of a pilot program involving three hospitals. With over fourteen years of experience under the rule, the working group recommended that there were no relevant differences among any of the types of health care facilities.

Follow this link for proposed rule language.

A public hearing will be held on January 6, 2026 at 10:00AM at the NC Board of Pharmacy, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517.

Any person may object to the proposed rule changes by attending the public hearing on January 6, 2026 and/or by submitting a written objection by January 6, 2026 to Jay Campbell, Executive Director, North Carolina Board of Pharmacy, 6015 Farrington Road, Suite 201, Chapel Hill, NC 27517, fax (919) 246-1056, e-mail ncboprulemaking@ncbop.org.

Procedure for Subjecting a Proposed Rule to Legislative Review:
If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.