Current through all regulations passed and filed through September 16, 2024
(A)
The board executive director shall be directly
responsible for each personal information system maintained by the section. The
director 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 there under; 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, ordinance, code 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 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 they are
the subject;
(b)
Permit the person, or their legal guardian, or an
attorney who presents a signed authorization made by the person, to inspect all
personal information in the system of which they are 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 the rule to be
accompanied by an 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 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 personal file.
(C)
The executive
director 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
physical therapy section 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 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 section 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 the persons position on the disputed information; or,
(b)
A
brief statement that the person finds the information in the system to be
inaccurate, irrelevant, outdated, or incomplete.
(4)
The board shall
maintain a copy of all statements made by a 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 an organization, unless the personal
information is necessary and relevant to the performance of a lawful function
of the section.
(G)
The board shall make available, upon request, all
information concerning charges made by the section for reproduction of
materials contained in its personal information system.
Effective:
1/10/2011
R.C.
119.032 review dates:
10/05/2015
Promulgated
Under: 119.03
Statutory
Authority: 4775.04,
1347.15
Rule
Amplifies: 1347.15
