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North Carolina News: Item 2130 - North Carolina Supreme Court Rules that the Board of Pharmacy has the Statutory Authority to Regulate Pharmacist Working Hours
Reprinted from the January 2007 North Carolina Board of Pharmacy Newsletter.
On November 17, 2006, the North Carolina Supreme Court ruled that the Board of Pharmacy has the statutory authority to promulgate Rule .2506, which provides:
A permit holder shall not require a pharmacist to work longer than 12 continuous hours per workday. A pharmacist working longer than 6 continuous hours per workday shall be allowed during that time period to take a 30 minute meal break and one additional 15 minute break.
The Supreme Court’s decision brings to a close eight years of litigation with the North Carolina Rules Review Commission. The Supreme Court held that the North Carolina Court of Appeals erred in ruling that the Pharmacy Practice Act does not permit the Board to regulate pharmacist working conditions as a means of protecting public health and safety. The Supreme Court adopted the opinion of Judge Sanford Steelman, who dissented in the Court of Appeals. Judge Steelman wrote that pharmacist fatigue and hunger can clearly contribute to dispensing errors, that the Pharmacy Practice Act plainly authorizes the Board of Pharmacy to ensure safety in the dispensing process, and that Rule .2506 advances that interest.
A timeline for implementation of the rule is still somewhat up in the air. It depends on certain procedural steps that remain even after the Supreme Court’s ruling. The Board will keep pharmacists updated on that progress.
The Board extends its heartfelt appreciation to Matt Sawchak, Paul Sun, Julie Youngman, and Stephen Feldman of Ellis & Winters, who served as the Board’s appellate counsel before the Supreme Court. The Board is also grateful for the supporting briefs filed by the National Association of Boards of Pharmacy®, American Pharmacists Association (APhA), North Carolina Association of Pharmacists, North Carolina Coastal Federation, North Carolina Shellfish Growers Association, Environmental Defense, and North Carolina State Council of Trout Unlimited.
