NCRCB Completes Mandatory Ten-Year Rule Review Under N.C. Statute 150B-21.3A
Summary
The North Carolina Respiratory Care Board (NCRCB) completed its mandatory ten-year review of all existing rules under N.C. General Statute §150B-21.3A on July 11, 2024. The Board reviewed rules in 21 NCAC 61 and made initial determinations classifying each rule as either 'Necessary' or 'Unnecessary.' Approved rules will be available for a 60-day public comment period beginning August 7, 2024.
This announcement marks a standard administrative checkpoint in the state regulatory lifecycle rather than a substantive policy shift. The ten-year review process under §150B-21.3A is designed to eliminate obsolete rules rather than impose new requirements, suggesting the Board's regulatory footprint may narrow if 'Unnecessary' classifications are approved. Respiratory care professionals and healthcare employers should prepare to submit comments during the August 7 review window if specific rules affect licensure, scope of practice, or equipment standards. The link to the RRC report will provide the specific rule-level determinations once approved.
What changed
The NCRCB has completed its periodic review of existing rules in 21 NCAC 61 as required by state statute, classifying each rule as either 'Necessary' or 'Unnecessary.' The review was conducted according to a schedule set by the N.C. Rules Review Commission.
Affected parties including respiratory care professionals, healthcare facilities, and medical device suppliers in North Carolina should monitor for the posting of approved rules, which will open a 60-day public comment window beginning August 7, 2024. This procedural milestone does not create immediate compliance obligations but signals potential upcoming changes to regulatory requirements governing respiratory care practice in the state.
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Apr 20, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Periodic Review of Existing Rules
- August 1, 2024
N.C. General Statute §150B-21.3A, adopted in 2013, and revised in July 2019 by Session Law 2019-140, requires state agencies and commissions review existing rules every 10 years. This ten year review has been completed for all NC Respiratory Care Board (NCRCB) rules on July 11, 2024, according to a schedule set by the N.C. Rules Review Commission (RRC). The NCRCB reviewed each of its existing rules in 21 NCAC 61 and made an initial determination from either of the following classifications:
- Necessary – the agency determines the rule is any rule other than an unnecessary rule.
- Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed. When the RRC approves them, links to the completed rule reviews will be available on this website for public comment. Sign up on the NCRCB ListServ to receive notices of the NCRCB’s rule-making and rule-review activities. The rules approved by the NCRCB will be available for the first 60-day review beginning August 7, 2024. See full text of rules for 21 NCAC 61. See the following link for the report on the RRC website.
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