(a) Information concerning licensure status for all
licensees of the board is entered in a license database. The entry
in the license database for a licensee who has been disciplined will
be annotated that a disciplinary action has occurred. In responding
to licensure status requests, the board will report whether a licensee
has been disciplined by the board.
(b) The board, upon written request from a licensee,
will remove such annotations from the database and its other records
if the discipline imposed falls into any category listed in paragraphs
(1) - (6) of this subsection. Licensees having more than one disciplinary
action do not qualify for removal of the annotations.
  (1) Disciplinary action in which a written reprimand
or administrative penalty was issued:
    (A) the effective date of the board order is at least
three years past;
    (B) the licensee has had no subsequent disciplinary
action;
    (C) the licensee has no disciplinary proceeding pending;

    (D) the licensee currently is not under investigation
by the board; and
    (E) the order did not involve action based upon either
sexual misconduct, fraud, or conviction of a criminal act.
  (2) Disciplinary action in which a "suspension, all
probated" order was issued:
    (A) the effective date of the board order is at least
seven years past;
    (B) the order did not involve action based upon either
sexual misconduct, fraud or conviction of a criminal act;
    (C) the licensee has had no subsequent disciplinary
action;
    (D) the licensee has no disciplinary proceeding pending;
and
    (E) the licensee currently is not under investigation
by the board.
  (3) Disciplinary action in which an administrative
penalty or written reprimand was imposed against a facility for operating
a facility without a facility license or with an expired license:

    (A) the effective date of the board order is at least
one year past;
    (B) the facility has had no subsequent disciplinary
action for the same violation;
    (C) the facility has no disciplinary proceeding pending;
and
    (D) the facility currently is not under investigation
by the board.
  (4) Disciplinary action in which an administrative
penalty or written reprimand was imposed against a licensee for practicing
with an expired license:
    (A) the effective date of the board order is at least
three years past;
    (B) the licensee has had no subsequent disciplinary
action for the same violation;
    (C) the licensee has no disciplinary proceeding pending;
and
    (D) the licensee currently is not under investigation
by the board.
  (5) Disciplinary action in which a suspension order
(partially or not probated) was issued:
    (A) the effective date of the board order is at least
ten years past;
    (B) the order did not involve action based upon either
sexual misconduct, fraud or conviction of a criminal act;
    (C) the licensee has had no subsequent disciplinary
action;
    (D) the licensee has no disciplinary proceeding pending;
and
    (E) the licensee currently is not under investigation
by the board.
  (6) Disciplinary action in which an administrative
penalty and a written reprimand were imposed against a licensee:
    (A) the effective date of the board order is at least
five years past;
    (B) the licensee has had no subsequent disciplinary
action;
    (C) the licensee has no disciplinary proceeding pending;

    (D) the licensee currently is not under investigation
by the board; and
    (E) the order did not involve action based upon either
sexual misconduct, fraud, or conviction of a criminal act.
(c) The enforcement committee shall review a request
and may ask for additional information from the licensee to evaluate
the request.
(d) Upon a determination by the enforcement committee
that the licensee meets all requirements of this section, the committee
shall recommend that the board either grant or deny the request. The
committee shall provide its reasons to the board for the recommendation.

(e) Should the board grant the request, the annotation
of disciplinary action for a licensee and other files relating to
that disciplinary action will be removed from the board's records
pursuant to the board's records retention schedule.
(f) The board will notify the licensee in writing of
its decision within a reasonable period of time.
(g) The board may remove from its records after three
years from the date of closure any complaint which did not result
in disciplinary action by the board as provided by the board's records
retention schedule.
(h) The removal of disciplinary records under this
section is within the sole discretion of the board. Its decision is
final and is not subject to judicial review.


Source Note: The provisions of this §78.11 adopted to be effective January 29, 2015, 40 TexReg 379