4731-8-05 Confidentiality statutes.

With regard to confidential personal information maintained by the board, the following federal statutes or regulations or state statutes and administrative rules make the personal information confidential:

(A) Social security numbers of applicants, licensees, and board employees: 5 U.S.C.552a., unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results:section 4776.04 of the Revised Code.

(C) Complaints, the names of complainants and patients, and information received in an investigation, including any medical records of the subject of the complaint: division (F) of section 4730.26 , division (F) of section 4731.22 , division (E) of section 4760.14 , division (E) of section 4762.14 , and division (E) of section 4774.14 of the Revised Code.

(D) Medical malpractice payouts reported by a professional liability insurer: division (F) of section 4730.32 , division (F) of section 4731.224 , division (F) of section 4760.16 , division (F) of section 4762.16 , and division (F) of section 4774.16 of the Revised Code.

(E) Formal disciplinary action reported by a health care facility: division (F) of section 4730.32 , division (F) of section 4731.224 , division (F) of section 4760.16 , division (F) of section 4762.16 , and division (F) of section 4774.16 of the Revised Code.

(F) A belief that a violation of law has occurred when reported by a licensee or professional society of licensees: division (F) of section 4730.32 , division (F) of section 4731.224 , division (F) of section 4760.16 , division (F) of section 4762.16 , and division (F) of section 4774.16 of the Revised Code.

(G) Medical records of board employees or their family members: "Family Medical Leave Act of 1993," Pub. L. No. 103-3; 29 U.S.C. Sec. 260 as implemented in 29 C.F.R. 825.500 ; Section I of the "Americans with Disabilities Act of 1990," 42 U.S.C. Sec. 12112(d) .

(H) Employee assistance program records: section 3701.041 of the Revised Code.

(I) Alcohol and drug treatment records: 42 CFR Part 2; 42 U.S.C. 290dd - 42 U.S.C. 3.

(J) "Federal Bureau of Investigation" criminal records check results: section 4776.04 of the Revised Code; 28 CFR 20.33(d) .

(K) "National Practitioner Data Bank" and "Healthcare and Integrity Protection Data Bank" reports: 45 CFR Part 60.

Effective: 12/31/2010
R.C. 119.032 review dates: 12/31/2015
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15