§1249.1. Board action and expungement of adjudication records; procedure; confidentiality
A.
(1)Notwithstanding any provision of law to the contrary, a pharmacist or person
permitted to operate a pharmacy may request board action rescission and expungement of
adjudication proceeding records relative to a board stipulation, agreed settlement, consent
order, or default if the attorney general issues a written opinion that the interpretation of law
relied upon by the board and which resulted in the stipulation, agreed settlement, consent
order, or default was erroneous.
(2)Notwithstanding any provision of law to the contrary, a person permitted by the
board to operate a pharmacy may request board action rescission and expungement of
adjudication proceeding records relative to a stipulation,
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§1249.1. Board action and expungement of adjudication records; procedure; confidentiality
A.(1) Notwithstanding any provision of law to the contrary, a pharmacist or person
permitted to operate a pharmacy may request board action rescission and expungement of
adjudication proceeding records relative to a board stipulation, agreed settlement, consent
order, or default if the attorney general issues a written opinion that the interpretation of law
relied upon by the board and which resulted in the stipulation, agreed settlement, consent
order, or default was erroneous.
(2) Notwithstanding any provision of law to the contrary, a person permitted by the
board to operate a pharmacy may request board action rescission and expungement of
adjudication proceeding records relative to a stipulation, agreed settlement, or consent order
if all of the following apply:
(a) The person permitted to operate a pharmacy employed a pharmacist licensed by
the board and the pharmacist committed a regulatory violation or criminal act while in the
course and scope of his employment without the knowledge or consent of the person who
holds the pharmacy permit.
(b) Upon learning of the regulatory violation or criminal act of the pharmacist, the
person who holds the pharmacy permit terminated the pharmacist and reported the regulatory
violation or criminal act to the board or any other appropriate state or federal regulatory or
law enforcement agency.
(c) No other state or federal agency with regulatory or law enforcement jurisdiction
took adverse action against the person who holds the pharmacy permit.
(d) The person permitted to operate a pharmacy entered into a stipulation, agreed
settlement, or consent order with the board as a result of the pharmacists' regulatory violation
or criminal act and the stipulation, agreed settlement, or consent order was reported to a
third-party databank.
(3) Notwithstanding any provision of law to the contrary, a pharmacist or person
permitted to operate a pharmacy may request expungement of adjudication proceeding
records relative to board adjudication proceedings filed against the pharmacist or person
permitted to operate a pharmacy in which it is alleged that the pharmacist or person permitted
to operate a pharmacy violated one or more provisions of law if at the conclusion of the
adjudication proceedings there is no finding that the pharmacist or person permitted to
operate a pharmacy violated the law.
B.(1) A pharmacist or person permitted to operate a pharmacy who seeks board
action rescission and expungement pursuant to this Section shall file with the board a written
request for board action rescission and expungement setting forth the facts that demonstrate
that the applicable requirements of Subsection A of this Section are satisfied.
(2)(a) The board shall consider the request and if the facts stated in the request
demonstrate that the applicable requirements of Subsection A of this Section are satisfied,
the board shall enter into an order rescinding the applicable board action and expunging the
adjudication proceeding records relative to the board stipulation, agreed settlement, consent
order, default, or proceedings. The board may enter into a nondisciplinary stipulated order
with the pharmacist or person permitted to operate a pharmacy agreeing to rescind board
action and expunge the related board records, which shall state the provisions of Subsection
A of this Section that authorize the board action rescission and expungement.
(b) If the order of expungement involves records of the division of administrative
law, the board shall ensure that the order of expungement is served on the director of the
division of administrative law as soon as practicable after issuance.
C.(1) Upon rescission of board action and expungement of related records, the board
shall remove from public access all stipulations, agreed settlements, consent orders, or
adjudication proceeding records that are ordered to be expunged; however, the records shall
not be destroyed.
(2)(a) Expunged stipulations, agreed settlements, consent orders, and adjudication
proceeding records shall be privileged, confidential, are no longer considered public records,
and shall not be made available to any person or entity other than the board.
(b) All records concerning a request to rescind board action and expunge board
records shall be confidential and shall not be made available to any person or other entity,
except that such record shall be available to the board.
D. The board shall submit a void report to any third-party data bank to which the
board action had been reported to stating that the action of the board has been fully and
unequivocally rescinded and that no record of violation exists for the pharmacist or person
permitted to operate a pharmacy as it relates to the board stipulation, agreed settlement, or
consent order for the specific matter that was the subject of the rescission.