Current through all regulations passed and filed through September 16, 2024
(A) The board of speech-language pathology
and audiology shall appoint one employee to be directly responsible for the
custody and security of each personal information system maintained by the
board. Said employee shall:
(1) Inform all
employees who have any responsibility for the operation or maintenance of said
system or the use of personal information maintained in the system, of the
applicable provisions of Chapter 1347. of the Revised Code and rules adopted
thereunder; and
(2) Inform all
persons requested to supply personal information for a system whether or not
he/she is legally required to provide such information; and
(3) Restrict the collection, maintenance and
use of personal information to only that which is necessary and relevant to
functions of the board as required or authorized by statute, ordinance, code or
rule; and
(4) Provide a person,
who is asked to supply personal information that will be placed in an
interconnected or combined system, with information relevant to the system,
including the identity of the other agencies or organizations that have access
to the information in the system; and
(5) Allow a person who is the subject of a
record in a personal information system to inspect the record pursuant to
section 1347.08 of the Revised Code.
Upon the request and verification that the person requesting access to the
record is the subject of information contained in the system, the employee
shall:
(a) Inform the person of any personal
information in the system of which he/she is the subject:
(b) Permit the person, or his/her legal
guardian, or an attorney who presents a signed authorization made by the
person, to inspect all personal information in the system of which he/she is
the subject, except where prohibited by law;
(c) Inform the person of the uses made of the
personal information and identify other users who have access to the system;
(d) Allow a person who wishes to
exercise his/her rights as provided by this rule to be accompanied by one
individual of his/her choice;
(e)
Provide, for a reasonable charge, copies of any personal information the person
is authorized to inspect.
(6) Investigate disputes concerning the
accuracy, relevance, timeliness or completeness of personal information
pursuant to section 1347.09 of the Revised Code and
paragraph (D) of this rule.
(7)
Take all reasonable precautions to protect personal information maintained by
the Ohio board of speech-language pathology and audiology from unauthorized
modification, destruction, use or disclosure.
(B) The board of speech-language pathology
and audiology shall reprimand in writing any employee who initiates or
otherwise contributes to any disciplinary or other punitive action taken
against another individual who brings to the attention of appropriate
authorities, the press, or a member of the public, any evidence of unauthorized
use of any material contained in the personal information system. A copy of the
reprimand shall be entered in the employee's personnel file.
(C) The Ohio board of speech-language
pathology and audiology shall monitor its personal information system by:
(1) Maintaining the personal information
system with the accuracy, relevance, timeliness, and completeness necessary to
assure fairness in any determination made by the board which is based on
information contained in the system; and
(2) Eliminating unnecessary information from
the system.
(D) The
Ohio board of speech-language pathology and audiology shall investigate upon
request, the accuracy, relevance, timeliness or completeness of personal
information, which is disputed by the subject of a record contained in the
system, within ninety days after receipt of a request from the disputant; and
(1) Notify the disputant of the results of
the investigation and any action the board intends to take with respect to the
disputed information; and
(2)
Delete any information that the board cannot verify or finds to be inaccurate;
and
(3) Permit the disputant, if
he/she is not satisfied with the determination made by the board to include
within the system:
(a) A brief statement of
his/her position on the disputed information, such statement being limited to
one hundred words, with the board's executive director assisting the disputant
to write a clear summary of the dispute; or
(b) A notation that the disputant protests
that the information is inaccurate, irrelevant, outdated, or incomplete; with
the board of speech-language pathology and audiology maintaining a copy of the
disputant's statement of the dispute.
(E) The Ohio board of speech-language
pathology and audiology shall not place personal information into an
interconnected and combined system, unless said system contributes to the
efficiency of the agencies or organizations authorized to use the system in
implementing programs which are required or authorized by law.
(F) The board of speech-language pathology
and audiology shall not use personal information placed into an interconnected
or combined system by another state or local agency or an organization, unless
the personal information is necessary and relevant to the performance of a
lawful function of the board.
