North Carolina § 90-85 - 2. Legislative findings.

§ 90-85. 2. Legislative findings.

The General Assembly of North Carolina finds that mandatory licensure of all who engage in the practice of pharmacy is necessary to insure minimum standards of competency and to protect the public from those who might otherwise present a danger to the public health, safety and welfare. History (1981 (Reg. Sess., 1982), c. 1188, s. 1.) Editor's Note. - This Article is Part 1 of Article 4 of this Chapter as rewritten by Session Laws 1981 (Reg. Sess., 1982), c. 1188, effective July 1, 1982. G.S. 90-76.1 through 90-76.5 from Part 1A of Article 4 were transferred and renumbered by s. 3 of the same 1981 (Reg. Sess., 1982) act, and are incorporated in this Article and recodified as G.S. 90-85.27 through 90-85.31. Where appropriate, the historical citations to the sections in former Part 1 of Article 4 have been added to corresponding sections in this Article. Session Laws 2009-423, s. 1, effective October 1, 2009, designated G.S. 90-85.2 through 90-85.43 as Part 1 of Article 4A of Chapter 90 . Session Laws 2011-315, s. 3, provides: "A pharmacist licensed under Article 4A of Chapter 90 who may administer vaccines under 21 NCAC 46.2507 and 21 NCAC 32U.0101 shall be granted the authority to administer influenza vaccine to patients aged 14 years and older pursuant to 21 NCAC 46.2507 and 21 NCAC 32U.0101." Session Laws 2020-3, s. 3A.1(a), provides: "Unless the context clearly indicates otherwise, the following definitions apply in this Part: "(1) CDC. - The federal Centers for Disease Control and Prevention. "(2) COVID-19. - Coronavirus disease 2019. "(3) COVID-19 diagnostic test. - A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2. "(4) COVID-19 emergency. - The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19. "(5) COVID-19 antibody test. - A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2." Session Laws 2020-3, s. 3D.4(a), provides: "Notwithstanding any other provision of law to the contrary, for the duration of the COVID-19 emergency, pharmacists licensed in this State under Article 4A of Chapter 90 of the General Statutes may confirm the identity of any individual seeking dispensation of a prescription by the visual inspection of any form of government-issued photo identification. If the individual seeking dispensation is a known customer, the pharmacist may confirm the individual's identity by referencing existing records, including the controlled substances reporting system. Nothing in this section shall be construed to relieve a pharmacist of the obligation to review information in the controlled substances reporting system in accordance with G.S. 90-113.74 D." Session Laws 2020-3, s. 5, is a severability clause. Legal Periodicals. - For article, "Describing Drugs: A Response to Professors Allison and Ouellette," see 65 Duke L.J. Online 127 (2016). For article, "Pre-Competition," see 95 N.C.L. Rev. 67 (2016). For note, "Strange Bedfellows: Native American Tribes, Big Pharma, and the Legitimacy of Their Alliance," see 68 Duke L.J. 1433 (2019).