Current through all regulations passed and filed through September 16, 2024
Based on the requirements of division (B)(2) of section
1347.15 of the Revised Code,
this rule contains a list of valid reasons, directly related to the board's
exercise of its powers or duties, for which only authorized employees of the
board or board members may access confidential personal information (CPI)
regardless of whether the personal information system is a manual system or a
computer system.
(A) Performing the
following functions constitute valid reasons for authorized employees or
members of the board to access confidential personal information:
(1) Responding to a public records
request;
(2) Responding to a
request from an individual for the list of CPI the board maintains on that
individual;
(3) Administering a
constitutional provision or duty;
(4) Administering a statutory provision or
duty;
(5) Administering an
administrative provision or duty;
(6) Complying with any state or federal
program requirements;
(7)
Processing or payment of claims or otherwise administering a program with
individual participants or beneficiaries;
(8) Auditing purposes;
(9) Licensure, certification, or temporary
permit processing, including application review, filing or verification
processes;
(10) Investigation or
law enforcement purposes;
(11)
Administrative hearings;
(12)
Litigation, complying with an order of the court, or subpoena;
(13) Human resource matters, including
hiring, promotion, demotion, discharge, salary or compensation issues,
processing leave requests or issues, time card approvals or issues, and payroll
processing;
(14) Complying with an
executive order or policy;
(15)
Complying with a board policy or a state administrative policy issued by the
department of administrative services, the office of budget and management or
other similar state agency; or
(16)
Complying with a collective bargaining agreement provision.
(B) To the extent that the general
processes described in paragraph (A) of this rule do not cover the following
circumstances, for the purpose of carrying out specific duties of the board,
authorized employees and board members would also have valid reasons for
accessing CPI in these following circumstances:
(1) Authorized employees and board members
may review CPI of individuals who are subject to investigation for alleged
violations of Chapter 4723. of the Revised Code or Chapters 4723-1 to 4723-27
of the Administrative Code that may result in licensure or certification
discipline. Authorized employees and board members may review CPI of
individuals who are not the subject of the investigation, but who otherwise may
be witnesses with information related to the investigation. CPI may be reviewed
by employees and members of the board in disciplinary matters that become the
subject of administrative hearings or board action, including reporting
disciplinary actions as required by federal and state law.
(2) Authorized employees and board members
may review CPI of individuals who are participants in the alternative program
for chemical dependency, the practice intervention and improvement program, or
who are being monitored by the board according to a board order or consent
agreement, for purposes of monitoring and determining compliance with the terms
and conditions of the program, order or agreement.
(3) Authorized employees and board members
may review CPI of students enrolled in, or administrative, faculty, or
instructional personnel employed by, nursing education or training programs,
for the purpose of conducting survey visits and approving or re-approving of
those programs.
(4) Authorized
employees and board members may review CPI of persons who hold, are applying
for, or are renewing a nursing license, dialysis
technician certificate, medication aide certificate, community health worker
certificate, or any other license, certificate or temporary permit issued by
the board, for purposes of verifying licensure or certification, processing
licensure or certification applications, determining eligibility for licensure
or certification, or performing financial transactions and reporting related to
applicant and credential processing.
(5) Authorized employees may review CPI of
persons who hold, or are applying for, nurse education grant program funds for
purposes of determining grant eligibility or compliance with the terms and
conditions of grant awards.