Ohio Admin. Code 4715-19-03 - Valid reasons for accessing confidential personal information
(A)
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 is a manual system or computer system.
(B)
Any of the
following functions normally performed by the board 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 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
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 board; or
(16)
Complying with a collective bargaining agreement
provision.
(C)
In addition to the general processes described in
paragraph (A) of this rule, in the following specific processes of the board,
authorized board employees would have valid reasons for accessing CPI:
(1)
Investigators,
attorneys, and staff may review CPI of individuals who are subject to
investigation for alleged midconduct which may result in discipline against a
dentist, dental hygienist or dental assistant. These same employees may review
CPI of individuals who are not the subject of the investigation, but may be
witnesses with information related to the investigation. CPI may also be
reviewed by these employees and members of the board in professional conduct
matters which become the subject of adminstrative hearings.
(2)
Board employees
may review CPI of persons who hold or are applying for any license, limited
license, permit, certificate or registration.
Notes
Promulgated Under: 119.03
Statutory Authority: 119.03, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/05/2010
Promulgated Under: 119.03
Statutory Authority: 119.03, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/05/2010
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