Current through all regulations passed and filed through September 16, 2024
(A) The board shall appoint one employee to
be directly responsible for 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
they are 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 or rule; and,
(4) Provide all persons 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 all other agencies or organizations that have access to 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 verifications that the person requesting access to the
record is the subject of information contained in the system, the employee
shall:
(a) Inform individuals of any personal
information in the system of which they are subject;
(b) Permit the individuals, or their legal
guardian, or an attorney who presents a signed authorization made by the
individuals, to inspect all personal information in the system of which they
are subject, except where prohibited by law;
(c) Inform individuals of the uses made of
the personal information and identify other users who have access to the
system;
(d) Allow individuals who
wish to exercise their rights as provided by this rule to be accompanied by one
individual of their 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.
(B) The board shall reprimand in writing any
employee who initiates or otherwise contributes to any disciplinary or other
punitive action taken against another individual who brings attention to the
appropriate authorities, the press, or a member of the public, any evidence of
unauthorized use of any material contained in the licensure or document
management systems. A copy of the reprimand shall be entered in the employee's
personnelfile.
(C) The board 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
board 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 of a 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 the board cannot
verify or finds to be inaccurate; and
(3) Permit the disputant, if they are not
satisfied with the determination made by the board, to include within the
system:
(a) A brief statement of their
position on the disputed information; or
(b) A brief statement that they find the
information in the system to be inaccurate, irrelevant, outdated, or
incomplete,
(4) The
board shall maintain a copy of all statements made by the disputant.
(E) The board 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
shall not use personal information placed into an interconnected or combined
system by another state or local agency or organization, unless the personal
information is necessary and relevant to the performance of a lawful function
of the board.
(G) The board shall
make available, upon request, all information concerning charges made by the
board for reproduction of materials contained in personal information system.
Five Year Review (FYR) Dates:
5/24/2018 and
09/20/2022
Promulgated
Under: 119.03
Statutory
Authority: 4757.10
Rule
Amplifies: 1347.08,
4757.16
Prior
Effective Dates: 06/11/1985 (Emer.), 09/19/1985 (Emer.), 12/19/1985,
07/03/1997, 09/20/2007
