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 board's
exercise of its powers or duties, for which only employees of the board 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 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 rule provision or duty;
(6)
Complying with
any state or federal program requirements;
(7)
Processing or
payment of vendors billing;
(8)
Auditing
purposes;
(9)
Licensure or registration 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 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 would also have valid reasons for accessing CPI
in these following circumstances:
(1)
Board investigators and the executive director may
review CPI of individuals who are subject to investigation for alleged
misconduct that may result in licensure or 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)
Employees assigned to the continuing education audit
may review CPI of licensees and registrants who are being audited for the
purpose of carrying out that program.
(3)
Employees
assigned to registration, certification and licensure may review CPI of persons
who hold or are applying for a license or registration issued by the board for
the purpose of carrying out the counselor, social worker or marriage and family
therapist licensing program.
(4)
Employees
assigned to the renewal section may review CPI of persons who are applying for
renewal of a license or registration issued by the board for the purpose of
carrying out the counselor, social worker or marriage and family therapist
licensing program.
(5)
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 counselor, social worker or marriage and family
therapist board's daily activities.
Five Year Review (FYR) Dates:
09/23/2015 and
09/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 1347.15,
4757.10
Rule
Amplifies: 1347.15
Prior
Effective Dates: 09/01/2010
