4729-1-09 Valid reasons for accessing confidential personal information.

 

 

 

TO BE RESCINDED

 

4729-1-09                    Valid reasons for accessing confidential personal information.

 

 

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 authorized employees of the board or board members may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or a computer system.

 

(A)   Performing the following functions constitute valid reasons for authorized employees or members 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 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 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, including hiring, promotion, demotion, discharge, salary or compensation issues, processing leave requests or issues, time card approvals or issues, and payroll processing;

 

 

(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 and board members would also have valid reasons for accessing CPI in these following circumstances:

(1)    Conducting a review of individuals who may be potential witnesses or other sources of information in a criminal or administrative proceeding;

(2)   Administering the dangerous drug database also known as the "Ohio Automated Rx Reporting System" or "OARRS";

(3)   Inspection purposes;

(4)   Administering board orders; or

(5)   Research performed for official duties.

Effective:	10/07/2016
Five Year Review (FYR) Dates:	07/21/2016
CERTIFIED ELECTRONICALLY
Certification
09/26/2016
Date
Promulgated Under:	119.03
Statutory Authority:	1347.15
Rule Amplifies:	1347.15
Prior Effective Dates:	01/01/2011