For licensed professionals, the key is in the name: license. You need one to make a living in your career, and it needs to be spotless. Having a disciplinary action by the Kentucky Board of Medical Licensure (KBML) on your record can be a stain on your reputation. This, in turn, might impact your career and add stress to your life.
Is it possible to have this blemish removed so you can forge ahead with your livelihood? Yes, but only in a few select circumstances.
What expungement means
The KBLM is responsible for licensing and regulating medical and osteopathic physicians, as well as physician assistants. Its members also investigate complaints from consumers and, if needed, hand down disciplinary action such as a reprimand, probation, or license suspension.
The board also handles expungement requests.
If the board votes to approve an expungement request, it means the affected record becomes sealed, and any proceedings related to the matter are treated as though they never occurred. In addition, the previously disciplined licensee can accurately say there are no records regarding the matter.
Types of violations that can be expunged
The KBML has a narrow list of violations it will consider expunging. It includes three minor violations:
- Failure to renew a license or certificate on time
- Failure to get required continuing medical education on time
- Failure to obtain HIV/AIDS continuing education on time
In order to seek expungement, a licensee has to submit a written request to the board at least three years after the disciplinary action, and demonstrate they have not been disciplined other violations during that time. In addition, the licensee cannot have previously had a minor violation expunged.
This is separate from criminal expungement
Seeking an expungement from the KBML for disciplinary action is separate from any criminal matter. An attempt to expunge a criminal conviction requires going through the courts, an entirely different process. Like a board violation, however, a criminal mark can affect your career.
In just about every case, the best defense is a proactive one. That’s why it is important to contact an attorney as soon as possible if you get word of a violation, complaint, or criminal charge.
If something never appears on your record – be it with the licensing board or in criminal court – then you won’t have to try to expunge it later.