Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
315.121(6),
315.191(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
315.191(1)(a) authorizes the
board to promulgate administrative regulations relating to subject matters
governed by KRS Chapter 315.
KRS
315.121(6) requires the
board to promulgate administrative regulations to establish violations that are
considered minor and subject to expungement. This administrative regulation
establishes the violations considered minor and the criteria and procedure for
expungement.
Section 1. Definition.
"Expungement" means:
(1) The affected records
shall be sealed;
(2) The
proceedings to which they refer shall be deemed not to have 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 shall be
considered minor in nature:
(a) Any unlicensed
or unpermitted practice occurring no more than seven (7) days after the
expiration of the license or permit due to failure to timely renew a license or
permit;
(b) Failure to timely
obtain required continuing education; and
(c) Failure to comply with any provisions of
201
KAR 2:106 for licensed or permitted facility closures;
or
(d) At the discretion of the
board, any other offense:
1. Not involving the
diversion of controlled substances;
2. Not demonstrating a serious inability to
practice the profession or to assist in the practice of pharmacy;
3. Not adversely affecting public health,
safety, or welfare;
4. Not
resulting in economic or physical harm to a person; and
5. Not creating a significant threat of
economic or physical harm.
(2) In accordance with
KRS
315.121(6), a licensee,
registrant, or permit holder seeking expungement of a record of a disciplinary
action resulting from a violation designated in subsection (1) of this section
shall:
(a) Not have been the subject of a
subsequent violation of the same nature for a period of three (3) years after
the date of completion of disciplinary sanctions imposed for the violation
sought to be expunged; and
(b)
Submit a written request to the board.
(3) The board shall consider each request and
shall, if the conditions of subsection (2) of this section are satisfied,
expunge every record under its custody relating to the subject disciplinary
order.
(4) The expungement of a
record under this administrative regulation is limited to the removal of
records in the board's custody and shall not guarantee expungement of a record
previously reported to the National Practitioner's Data Bank.
STATUTORY AUTHORITY:
KRS
315.121(6),
315.191(1)(a)
