.18 Administrative Expungement.

A. Administrative Expungements.

(1) The Applicant may file with the Board an application for administrative expungement to have records of an administrative action by a disciplinary panel classified as confidential, not for public release, and removed from the licensee’s public individual profile, if:

(a) The application is submitted more than 3 years after the imposition of an administrative action by the Board or after administrative reinstatement or termination of suspension of the license, whichever is later;

(b) The licensee had no incidents of a public sanction since the administrative action identified in the application occurred; and

(c) The licensee is not currently under probation or investigation by the Board.

(2) An application for administrative expungement shall only be granted for the following administrative actions:

(a) Failure to pay taxes or unemployment insurance contributions under Health Occupations Article, §1-213(b), Annotated Code of Maryland;

(b) Failure to complete continuing medical education requirements under Health Occupations Article, §14-316(d), Annotated Code of Maryland;

(c) Failure to renew a license on time under Health Occupations Article, §14-606(a)(5), Annotated Code of Maryland; or

(d) Failure to notify the Board in writing of change of name or address within the time required under Health Occupations Article, §14-316(f).

(3) An administrative expungement shall not be considered for any license denials, reprimands, probations, suspensions, and revocations issued pursuant to Health Occupations Article, §14-404, Annotated Code of Maryland.

B. Application for Administrative Expungement.

(1) The application for administrative expungement shall be filed in writing on a form provided by the Board.

(2) The application fee shall be $450.

(3) The application fee is non-refundable.

C. Disposition of Application.

(1) If the applicant meets the requirements specified in §§A and B of this regulation, the Board shall inform the applicant when to expect the records to be removed from the applicant’s public practitioner profile as required in Health Occupations Article, §14-411.1, Annotated Code of Maryland, and when all Board records will be classified confidential.

(2) If the applicant does not meet the requirements specified in §§A and B of this regulation, the applicant will be deemed ineligible and the Board shall notify the applicant in writing.

(3) An applicant whose application is ineligible under §C(2) of this regulation may reapply when they meet the criteria.

D. The Board is not required to report an administrative expungement to any national database.

E. Nothing in this regulation shall prohibit the Board from using a Board record, previous sanction, or disciplinary action for any regulatory purpose or from releasing records to law enforcement or other governmental body as permitted by law.