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
(a) Failure to timely renew a license or
(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
(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.)