Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/08/2020        

DPOR; regulatory boards expungement of disciplinary records.

Authorizes any regulatory board within the Department of Professional and Occupational Regulation to expunge the disciplinary record of a regulant, provided that (i) the regulant's written application for expungement is made at least five years from the date of final disposition of the disciplinary record, (ii) the disciplinary record is the only disciplinary record that the regulant has with a regulatory board, (iii) the regulant is not the subject of an active investigation related to professional or occupational conduct, (iv) the regulant is not in a current disciplinary status and any fees or fines assessed have been paid in full, and (v) the regulant has not had a disciplinary record previously expunged by the regulatory board. The bill defines "expungement" as the removal of a disciplinary record by (a) permanently sealing the affected record from public access, (b) deeming the proceedings to which the affected record refers as not having occurred, and (c) affording the affected party the right to represent that no record exists regarding the subject matter of the affected record. Under the bill, a regulatory board may use a previous discipline for any regulatory purpose or release records of a previous discipline upon request from law enforcement or any other governmental body as permitted by law.

Date Version PDF TXT
02/05/2020 Senate: Committee substitute printed 20107768D-S1 Open
01/08/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20104099D Open

            

2020 SESSION

    20107768D
    SENATE BILL NO. 873
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on General Laws and Technology
    on February 5, 2020)
    (Patron Prior to Substitute--Senator DeSteph)
    A BILL to direct the Library of Virginia to standardize retention schedules for regulatory boards with respect to unfounded complaints.

    Be it enacted by the General Assembly of Virginia:

    1. � 1. That the Library of Virginia is directed to standardize its various retention schedules for boards that regulate professions and occupations to allow confidential destruction of records related to (i) complaints or claim files that have been closed due to an incomplete or withdrawn complaint, insufficient evidence, or an inapplicable board regulation and (ii) investigations into possible violations of laws or regulations that do not result in disciplinary action by the board, including complaints or claims, investigative reports of finding, exhibits, and investigator field notes, one year after the last action taken on such complaints, claims, or investigations.

    Picture Name From Date Type
    Bill DeSteph R-Richmond Sponsor
    Date Branch Action
    01/08/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20104099D
    01/08/2020 Senate Senate: Referred to Committee on General Laws and Technology
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