Chapter 4723-1 Board Organization and Records

4723-1-01 Board organization.

(A) The board shall elect a president and vice-president from among the nurse members of the board for one-year terms during the last regularly scheduled board meeting of the calendar year. The new officers shall assume their duties on the first day following the board meeting at which they were elected.

(B) The president shall preside at all meetings of the board. In the absence of the president the vice-president shall preside.

(C) The board shall elect a supervising member for disciplinary matters from among the registered nurse members of the board for a one-year term during the last regularly scheduled board meeting of the calendar year. The new supervising member shall assume his or her duties on the first day following the board meeting at which he or she was elected.

(1) A former supervising board member who remains a member of the board may continue to serve in the supervising member capacity regarding cases initiated under his or her supervision that remain under review at the expiration of his or her one-year term as supervising member.

(2) In the event the supervising member has a conflict of interest in a particular case, the board president shall serve as the supervising member for purposes of reviewing that case.

(D) The board shall hold regular meetings as often as necessary to carry out its duties.

Meetings shall be held in locations determined by the board. The board shall provide public notice of meetings in accordance with rule 4723-1-06 of the Administrative Code.

(E) In the event of a vacancy in the elected offices, the board shall fill the vacancy at a regular or special meeting of the board.

(F) Except as otherwise provided in paragraph (G) of this rule, all meetings of the board shall be conducted in accordance with the eleventh edition (2011) of "Robert's Rules of Order, newly revised."

(G) The board may develop and approve written guidelines or policies relating to board governance matters. To the extent that such guidelines or policies conflict with provisions of the eleventh edition (2011) of "Robert's Rules of Order, newly revised," the board-approved guidelines or policies shall control.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.02 , 4723.05
Prior Effective Dates: 01/01/1967, 04/01/1991, 02/01/2003, 02/01/2008

4723-1-02 Personnel.

At the last regularly scheduled board meeting of the calendar year, the board shall appoint an executive director who meets the qualifications set forth in section 4723.05 of the Revised Code. The executive director shall serve as the chief administrative officer of the board and be responsible for all administrative functions of the board and board staff. The executive director shall ensure implementation of the provisions of Chapter 119. of the Revised Code as they relate to operations of the board.

R.C. 119.032 review dates: 10/11/2012 and 10/11/2017
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.05
Prior Effective Dates: 01/01/1967, 04/01/1991, 02/01/2008

4723-1-03 Board records and documents.

(A) The board shall maintain a record of all applicants for, and holders of, licenses and certificates issued by the board under Chapter 4723. of the Revised Code and any rules adopted under that chapter, in the format determined by the board.

(B) A change in name shall be submitted to the board in writing within thirty days of the change and shall be accompanied by a certified copy of one of the following documents:

(1) A marriage certificate or abstract;

(2) A dissolution or divorce decree;

(3) A court record indicating a change of name; or

(4) Documentation of a change in name consistent with the laws of the jurisdiction or foreign country where the name change occurred.

(C) A notification of a change in address shall be submitted in writing by the licensee or certificate holder to the board within thirty days of the change.

(D) Documents submitted to the board may be returned at the discretion of the board.

(E) Wall certificates or other documents issued by the board as evidence of licensure, certification, or other authorization to practice shall not be falsified or altered.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 01/01/1967, 01/01/1971, 08/01/1983, 04/01/1991, 04/01/1993, 12/01/1993, 04/01/1994, 06/01/1995, 04/01/1997, 04/01/1998, 10/01/2000, 02/01/2003, 02/01/2004, 02/01/2008, 2/1/2010

4723-1-04 Fees.

(A) All fee payments shall be made in the form specified by the board.

(B) Fees are not refundable once deposited except that payments in excess of the amounts required by Chapter 4723. of the Revised Code and rules adopted under that chapter shall be refunded.

(C) The board shall provide written notice to an individual if their certified or cashier's check, or money order is returned to the board by a financial institution. Return of a check does not waive or extend the date upon which a payment is considered to be late, or a license or certificate lapses.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.08
Prior Effective Dates: 01/01/1971, 07/24/1982, 08/01/1983, 02/16/1990 (Emer.), 05/20/1990, 04/01/1991, 04/09/1991 (Emer.), 04/01/1993, 04/01/1997, 02/01/2003, 02/01/2008

4723-1-05 Notice of adoption, amendment, or rescission of rules.

(A) The board shall give public notice of its intention to adopt, amend, or rescind any rule

according to Chapter 119. of the Revised Code at least thirty days prior to the date set for the public hearing on the proposal to adopt, amend, or rescind such rule. The public notice shall be published in the register of Ohio and any other publications required by Chapter 119. of the Revised Code. The public notice shall include the following information:

(1) A statement of the board's intention to adopt, amend, or rescind the rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement regarding the subject matter of the rule to be adopted, amended, or rescinded;

(3) A statement of the reason or purpose for the adoption, amendment, or rescission of the rule;

(4) The date, time, and place of the public hearing at which the adoption, amendment, or rescission of the rule will be considered.

(B) The proposed rule, amendment, or rescission shall be made available by the board, according to division (B) of section 119.03 of the Revised Code, to those persons affected by the rule, amendment, or rescission for at least thirty days prior to the date of the public hearing at the board offices in printed or other legible form at no charge. The board may also provide the proposed rule, amendment, or rescission:

(1) By postal or electronic mail to those persons included on a mailing list maintained by the board according to paragraph (D) of this rule;

(2) By a link on the board's web site;

(3) In any other manner the board considers appropriate.

(C) Prior to the effective date of a rule, amendment, or rescission the board, according to division (E) of section 119.03 of the Revised Code, shall make a reasonable effort to inform persons affected by the rule, amendment, or rescission, and to have available for distribution to those requesting it, the full text of the rule as adopted or amended. The board may provide the full text by such means as:

(1) Posting the rule as adopted or amended on the board's web site or providing a link to the register of Ohio;

(2) Publishing the rules in the board's quarterly magazine or other board publication;

(3) Sending a notice of the action by postal or electronic mail to those persons included on a mailing list maintained by the board pursuant to paragraph (D) of this rule, or to any person who provided evidence, oral testimony, or a written statement that was made part of the record of the public hearing.

(D) The board may maintain a mailing list of all persons who have made a prior written request to receive a copy of public notices discussed in paragraph (A) of this rule.

(E) The board may assess a reasonable fee not to exceed the cost of copying and mailing, for notices sent by means other than electronic mail according to the provisions of this rule.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 121.22 , 4723.07
Rule Amplifies: 4723.06 , 4723.07
Prior Effective Dates: 03/01/1966, 01/01/1971, 08/01/1983, 11/06/1987, 04/01/1991, 12/01/1993, 08/08/1994, 02/01/2001, 02/01/2002, 02/1/2008

4723-1-06 Notice of board meetings.

(A) According to division (F) of section 121.22 of the Revised Code, the board shall ensure that any person can determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(1) Writing the board to request advance notification of all meetings of the board, board committees or advisory groups;

(2) Writing the board to request advance notification of all meetings at which specific public matters designated by those persons are scheduled to be discussed;

(3) Calling the board office during normal business hours; or

(4) Accessing the information on the board's web site.

(B) Any representative of the news media may obtain notice of all special meetings of the board by requesting in writing that notice be provided and supplying a postal or electronic mail address.

(C) In the event of a special meeting not of an emergency nature, the board shall notify all media representatives who have requested notice of the meeting by doing at least one of the following:

(1) Sending written notice, by postal or electronic mail no later than twenty-four hours prior to the special meeting;

(2) Notifying representatives by telephone no later than twenty-four hours prior to the special meeting. Telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, the board has been unable to provide telephone notice;

(3) Informing the representative personally no later than twenty-four hours prior to the special meeting.

(D) In the event of a special meeting of an emergency nature requiring immediate official action, the board shall notify all media representatives who have requested notice of such meeting of the time, place, and purpose of the meeting by providing notice as described in paragraph (C)(1), (C)(2) or (C)(3) of this rule, or by notifying the statehouse press room. In such event, the notice need not be given twenty-four hours prior to the meeting, but shall be given immediately upon completion of the meeting agenda.

(E) For use in complying with the notice requirements of this rule, the board may maintain a mailing list of all persons who have made a prior written request to receive notice of regular or special meetings of the board, its committees, and advisory groups.

(F) The board may charge a reasonable fee not to exceed the cost of copying and mailing, for notices sent by means other than electronic mail according to this rule.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 121.22 , 4723.06
Prior Effective Dates: 03/01/1966, 01/01/1971, 08/01/1983, 11/06/1987, 04/01/1991, 12/01/1993, 08/08/1994, 02/01/2001, 02/01/2002, 02/1/2008

4723-1-07 Personal information system definitions.

For the purposes of administrative rules adopted according to section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an opportunity to copy, view, or otherwise perceive whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system,"

as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the board rule addressing requirements of section 1347.15 of the Revised Code.

(C) "Board" means the Ohio board of nursing.

(D) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(E) "Confidential personal information" (CPI) has the meaning as defined by division

(A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board according to division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential.

(F) "Employee of the board" means each employee of the board regardless of whether the employee holds an elected or appointed office or position within the board. "Employee of the board" is limited to the board of nursing.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed according to division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means common place, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to the board's employees that is maintained by the board for administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 1347., 4723.07
Rule Amplifies: 1347., 4723.06
Prior Effective Dates: 04/01/1991, 02/01/2008, 10/01/2010

4723-1-08 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the following applies:

(A) Criteria for accessing confidential personal information. Personal information systems of the board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill the employee's job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The board shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall do the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the board has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery of or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the board may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information was invalidly accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the board determines that notification would not delay or impede an investigation, the board shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date or dates of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The board executive director shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both the implementation of privacy protections for the confidential personal information that the board maintains and compliances with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The board executive director shall designate an employee of the board to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 1347.05 , 1347.15 , 4723.07
Rule Amplifies: 1347., 4723.06
Prior Effective Dates: 10/01/2010

4723-1-09 Valid reasons for accessing confidential personal information.

Based on 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, certification, or temporary permit processing, including application review, filing or verification 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) Authorized employees and board members may review CPI of individuals who are subject to investigation for alleged violations of Chapter 4723. of the Revised Code or Chapters 4723-1 to 4723-27 of the Administrative Code that may result in licensure or certification discipline. Authorized employees and board members 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 employees and members of the board in disciplinary matters that become the subject of administrative hearings or board action, including reporting disciplinary actions as required by federal and state law.

(2) Authorized employees and board members may review CPI of individuals who are participants in the alternative program for chemical dependency, the practice intervention and improvement program, or who are being monitored by the board according to a board order or consent agreement, for purposes of monitoring and determining compliance with the terms and conditions of the program, order or agreement.

(3) Authorized employees and board members may review CPI of students enrolled in, or administrative, faculty, or instructional personnel employed by, nursing education or training programs, for the purpose of conducting survey visits and approving or re-approving of those programs.

(4) Authorized employees and board members may review CPI of persons who hold, are applying for, or are renewing a nursing license, certificate of authority, certificate of prescriptive authority, dialysis technician certificate, medication aide certificate, community health worker certificate, or any other license, certificate or temporary permit issued by the board, for purposes of verifying licensure or certification, processing licensure or certification applications, determining eligibility for licensure or certification, or performing financial transactions and reporting related to applicant and credential processing.

(5) Authorized employees may review CPI of persons who hold, or are applying for, nurse education grant program funds for purposes of determining grant eligibility or compliance with the terms and conditions of grant awards.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 1347.05 , 1347.15 , 4723.07
Rule Amplifies: 1347., 4723.06
Prior Effective Dates: 10/01/2010

4723-1-10 Confidentiality statutes, regulations and rules.

The following federal statutes or regulations or state statutes or administrative rules make personal information maintained by the board confidential and identify the confidential personal information within the scope of rules promulgated by this board in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a (2012), unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Identification and Investigation" criminal records check results: section 4776.04 of the Revised Code: division (C) of section 4723.09 of the Revised Code; division (B)(3) of section 4723.65 of the Revised Code; division (C) of section 4723.75 of the Revised Code; and division (B) of section 4723.83 of the Revised Code.

(C) Records or information received by the board pursuant to an investigation of an application for or holder of a license, certificate of authority or dialysis technician certificate; division (I)(1) of section 4723.28 of the Revised Code.

(D) Records or information received by the board pursuant to an investigation of an applicant for or holder of a medication aide certificate: division (C) of section 4723.652 of the Revised Code.

(E) Records or information received by the board pursuant to an investigation of an applicant for or holder of a community health worker certificate: paragraph (J) of rule 4723-26-11 of the Administrative Code.

(F) Patient information or records reviewed in the course of an investigation by the board: division (I)(2) of section 4723.28 of the Revised Code.

(G) Information or records received or maintained as part of continued monitoring of an individual as part of or following any disciplinary action of the board: division (I)(4) of section 4723.28 of the Revised Code.

(H) Information or records received or maintained for purposes of the practice intervention and improvement program: division (D) of section 4723.282 of the Revised Code.

(I) Information or records received or maintained for purposes of an individual's application for or participation in the alternative program for chemical dependency, including medical records, treatment records, and mental health records, unless the exception set forth in division (E)(4) of section 4723.35 of the Revised Code applies: division (E)(3) of section 4723.35 of the Revised Code.

(J) Student education records, unless the individual consents to the release: 20 U.S.C. 1232g (2012).

(K) Security or infrastructure records: division (B) of section 149.433 of the Revised Code.

(L) Information or records that are attorney client privileged: division (A)(1) of section 2317.02 of the Revised Code.

(M) Mediation communications or records: section 2710.03 of the Revised Code.

(N) Trial preparation records: division (A)(1)(g) of section 149.43 of the Revised Code.

(O) Information obtained from the drug database established and maintained by the state board of pharmacy: division (C) of section 4729.80 of the Revised Code.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 1347.05 , 1347.15 , 4723.07
Rule Amplifies: 1347., 4723.06
Prior Effective Dates: 10/01/2010

4723-1-11 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the following applies:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the board acquires a new computer system that stores, manages or contains confidential personal information, the board shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(C) Upgrading existing computer systems. When the board modifies an existing computer system that stores, manages or contains confidential personal information, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The board shall require employees of the board who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the board is accessing confidential personal information for official board purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the board is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the board comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself or herself.

(ii) The individual makes a request that the board take some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process the request.

(3) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The board shall issue a policy that specifies the following:

(1) Who shall maintain the log:

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in this log is to be retained.

Nothing in this rule limits the board from requiring logging in any circumstance that it deems necessary.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/11/2012 and 10/15/2017
Promulgated Under: 119.03
Statutory Authority: 1347.05 , 1347.15 , 4723.07
Rule Amplifies: 1347., 4723.06
Prior Effective Dates: 10/01/2010