201 Ky. Admin. Regs. 20:410

Current through Register Vol. 51, No. 5, November 1, 2024

Section 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.

201 KAR 20:410

22 Ky.R. 418; eff. 9-20-1995; 29 Ky.R. 1306; eff. 1-15-2003; 35 Ky.R. 317; 781; eff. 10-15-2008; TAm eff. 7-15-2010; 38 Ky.R. 1190; 1440; eff. 2-15-2012; Crt eff. 5-10-2019; 46 Ky.R. 2693; 47 Ky.R. 59; eff. 7-29-2020.

STATUTORY AUTHORITY: KRS 314.131(1), (9)