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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: December 7, 2016 10:04 AM
From: Representative Kate Harper
To: All House members
Subject: State Licensing Boards: Power to Expunge Technical Violations
In the near future, I plan on reintroducing legislation amending 1993 Act 48 to provide all state licensing boards under the Bureau of Professional and Occupational Affairs (BPOA) in the Department of State with the power to expunge disciplinary records of licensees for minor violations of their practice act and board regulations.

Any disciplinary actions, whether serious or a mere technical violation, currently remain on a licensee’s record permanently on-line because the various state licensing boards lack the authority to expunge records. Many practitioners with otherwise unblemished disciplinary histories have complained to state licensing boards that the existence of minor infractions as a permanent part of their publicly available licensure records has prevented them from getting a job, or simply caused them needless embarrassment with clients and colleagues after they have corrected the violation. Surely the current situation, when applied to minor or even technical errors (like the failure to pay a fee) exceeds the purposes of reasonable deterrence. Knowing this, practitioners are less likely to accept voluntary discipline for failing to pay a fee on time, for example.

Expungement seals the affected record from public access and allows the licensee to represent that no record exists. However, BPOA and the licensing board or commission shall continue to maintain the record and may release it upon request from law enforcement or other governmental body as permitted by law.

Former House Bill 92 passed the House last session by a vote of 194-0.

Please join me in cosponsoring this important piece of legislation.