201 Kar 9:350. Expungement

Link to law: http://www.lrc.ky.gov/kar/201/009/350.htm
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
      201 KAR 9:350. Expungement.

 

      RELATES TO: KRS 311.530-311.620

      STATUTORY AUTHORITY: KRS 311.275, 311.565

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

311.275 and 311.565 authorize the board to promulgate administrative

regulations regarding the expungement of records of its licensees or

certificate holders. This administrative regulation establishes the violations

that may be expunged and the criteria and procedure for expungement.

 

      Section 1. Definition.

"Expungement" means that:

      (1) The affected records shall be sealed;

      (2) The proceedings to which they refer

shall be deemed to have not occurred; and

      (3) The affected party may properly

represent that no record exists regarding the matter expunged.

 

      Section 2. Minor Violations and

Expungement Procedure. (1) The following violations are to be considered minor

in nature:

      (a) Failure to timely renew a license or

certificate;

      (b) Failure to timely obtain required

continuing medical education; and

      (c) Failure to timely obtain required

HIV/AIDS continuing education.

      (2) A licensee or certificate holder

seeking expungement of a record of a disciplinary action resulting from a

violation designated in subsection (1) of this section shall, in accordance

with KRS 311.275:

      (a) Submit a written request to the board,

no sooner than three (3) years following completion of any disciplinary

sanctions imposed under the action sought to be expunged;

      (b) Certify that the licensee or

certificate holder has not been disciplined for any subsequent violation of KRS

Chapter 311 during that three (3) year period; and

      (c) Certify that the licensee or

certificate holder has not previously had a minor violation expunged by the

board.

      (2) The board shall consider each request

and may, if the conditions of subsection (2) of this section are satisfied,

expunge all records relating to the disciplinary action being expunged. (30

Ky.R. 769; Am. 1204; eff. 11-19-2003.)