201 KAR 20:410 - Expungement of records
RELATES TO: KRS 314.131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(1) and (9) authorize the Board of Nursing to promulgate administrative regulations to establish which disciplinary records may be expunged. This administrative regulation establishes which records may be expunged and the procedure for expungement.
Section 1. Definition.
"Expungement" means that all affected records shall be sealed and that the
proceedings to which they refer shall be deemed never to have
occurred.
Section 2. A nurse whose
record has been expunged may state that disciplinary records do not exist upon
inquiry.
Section 3. Upon a request
from a nurse against whom disciplinary action has been taken, the board shall
expunge records relating to the following categories of disciplinary action:
(1) Consent decrees that are at least five
(5) years old if all the terms of the consent decree have been met;
(2) Agreed orders and decisions that are at
least ten (10) years old and that resulted in a reprimand, if there has not
been subsequent disciplinary action and all of the terms of the agreed order or
decision have been met; and
(3)
Agreed orders and decisions that are at least twenty (20) years old, if there
has not been subsequent disciplinary action and all of the terms of the agreed
order or decision have been met.
Section 4. The board shall not report cases
that have been expunged to another state agency, other board of nursing, or
other organization.
Notes
STATUTORY AUTHORITY: KRS 314.131(1), (9)
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