Title 201 | Chapter 020 | Regulation 410


201 KAR 20:410.Expungement of records.

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.

HISTORY: (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.)

7-Year Expiration: 7/29/2027

Last Updated: 12/15/2021


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