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.

Five Year Review (FYR) Dates: 09/27/2016 and 09/25/2021
Promulgated Under: 119.03
Statutory Authority: 119.03 , 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/05/2010

Prior History: (Effective: 10/05/2010
R.C. 119.032 review dates: 05/01/2015
Promulgated Under: 119.03
Statutory Authority: 119.03 , 1347.15
Rule Amplifies: 1347.15 )