Current through all regulations passed and filed through September 16, 2024
Pursuant to 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 sanitarian
registration board's exercise of its powers or duties, for which only employees
of the agency may access confidential personal information (CPI) regardless of
whether the personal information system is a manual system or computer
system:
(A) Performing the following
functions constitute valid reasons for authorized employees of the agency 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 agency maintains on that
individual;
(3) Administering a
constitutional provision or duty;
(4) Administering a statutory provision or
duty;
(5) Administering an
administrative rule 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 [or permit, eligibility,
filing, etc.] 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 (e.g., hiring, promotion, demotion, discharge,
salary/compensation issues, leave requests/issues, time card
approvals/issues);
(14) Complying
with an executive order or policy;
(15) Complying with an agency 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; or
(17)
Supervising the work of another
employee.
(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 Ohio sanitarian registration board, authorized employees
would also have valid reasons for accessing CPI in these following
circumstances:
(1) Employees of the state
agency may review CPI of individuals who are subject to investigation for
alleged misconduct that may result in registration discipline. Such employees
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 such employees and members of the board in professional
conduct matters that become the subject of administrative hearings.
(2) Authorized employees of the state agency
may review CPI of persons who hold, are applying for, or are renewing a
registration issued by the board for the purposes of verifying licensure,
processing licensure and renewal applications, determining eligibility for
licensure, performing financial transactions and reporting related to
application processing, or any other activities undertaken for the purpose of
carrying out that program.
(3)
Employees assigned to fiscal and human resource positions may review CPI of
vendors billing the board for services rendered and employees of the board for
payroll and other human resource activities for the purpose of carrying out the
board's daily activities.
