Chapter 4732-1 General Provisions

4732-1-01 Board meetings; miscellaneous forms of public notice.

(A) Any person may ascertain the time and place of any individual regularly scheduled meeting, as well as the time, place and purpose of any individual special meeting, by:

(1) Writing to the board address and enclosing a self-addressed, business-size (at least four inches by nine and one-half inches) envelope which has affixed to it the equivalence of first-class United States postage at the time of the request and appropriate for mailing that enclosed envelope. Such person requesting the above-mentioned information as to either an individual regularly scheduled meeting or an individual special meeting shall mail the request sufficiently early in time as to allow the board and its staff two weeks before such regular or special meeting, within which to process such request. The present address is: "State Board of Psychology, Public Notifier, 77 South High Street-18th Floor, Columbus, Ohio 43266-0321." Failure of the requesting party to comply with any of the above requirements relieves the board of any obligation to notify such person under paragraph (A)(1) of this rule.

(2) Calling the office of the state board of psychology (present telephone number being (614) 466-8808) during normal business hours, which are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted. No collect calls will be accepted under any circumstances.

(3) Consulting a binder located in the offices of the board, presently in the "Vern Riffe Center for Government and the Arts, 77 South High Street-18th Floor, Columbus, Ohio," during normal business hours, which are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted.

(B) Any representative of the news media may obtain twenty-four hours' advance notice of all special meetings, except in the event of an emergency requiring immediate official action, by requesting in writing, in the manner designated, that such notice be provided. Such notice will be given, however, to only one representative of any particular publication or radio or television station. A request for such notification shall be addressed to: "State Board of Psychology, Public Notifier, 77 South High Street-18th Floor, Columbus, Ohio 43266-0321."

(1) Such a written request for advance notice of all special meetings shall operate to require the board to give such notice for the period of time subsequent to the date of receipt by the board of such request; and

(a) Ending at one minute after midnight on the first day of January immediately succeeding such request; or

(b) Until such requesting person notifies the board in writing that he/she has left the employ of the particular publication, radio or television station, whichever period is shorter.

(2) The request shall provide the name of the individual media representative to be contacted, the mailing address and a maximum of two telephone numbers. The state board of psychology shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to paragraph (B) of this rule.

(3) In the event of a special meeting not of an emergency nature, the state board of psychology shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting;

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

(c) Informing such representative personally no later than twenty-four hours prior to the special meeting. Nothing in this paragraph shall require the board to provide personal notification at any time, except as provided in paragraph (B)(4) of this rule.

(4) In the event of a special meeting of an emergency nature, the state board of psychology shall immediately notify all media representatives on the list of such meeting.

(5) In giving the notices required by paragraph (B)(3) or (B)(4) of this rule, the state board of psychology may rely on assistance provided by any member of its staff and such notice is complete if given by such member in the manner provided in paragraph (B)(3) or (B)(4) of this rule.

(6) It shall be the sole responsibility of the particular media representative, publication, radio or television station to advise the board of:

(a) Its desire to renew its request for notification at the expiration of the period designated in paragraph (B)(1) of this rule; and

(b) Any change in the name or address of the person within such publication, radio or television station to whom the board is to direct the advance notice.

(7) Failure of any news media or representative thereof to comply with all of the above requirements shall relieve the board of any obligation under paragraph (B) of this rule, as to advance notice of any type of special public meeting.

(8) Any media representative may request notice of the time and place of all regularly scheduled meetings in accordance with paragraph (C) of this rule.

(C) Any person may, upon payment of an annual fee to be set once a year on an estimated cost per service basis, receive notice of all meetings of the board or its committees at which specific subject matters designated by such persons are scheduled to be discussed. In order to receive notification, such person must provide to the board, annually, fifteen self-addressed, business-size (at least four inches by nine and one-half inches) stamped envelopes for the mailing of the notices. Such notice shall be mailed no later than seven calendar days prior to the day of the meeting. Said self-addressed, business-size envelopes shall have affixed to them the equivalence of first-class United States postage appropriate for mailing the enclosed envelopes at the time of the request. The board may designate more general subject matters than are specified by persons requesting notice, in order to reasonably limit the variety of lists of persons to receive notices.

(1) It shall be the sole responsibility of any person requesting notice to provide the board with ample written notice of change of address or name.

(2) Such person requesting the notification provided in paragraph (C) of this rule shall mail the payment and requisite self-addressed envelopes sufficiently early in time to allow the board and its staff two weeks before the next regularly scheduled meeting or special meeting, within which to process such request.

(3) Said annual fee shall be remitted to the board solely in the following manner: cashier's check, money order, or certified check. No cash will be accepted. Said instruments shall be made payable to "Treasurer, State of Ohio." Said annual fee is non-refundable in whole or in part.

(4) Failure of the person making the request to comply with any of the above requirements shall relieve the board of, and discharge, any obligation to that person under paragraph (C) of this rule.

(5) The obligation of the board under paragraph (C) of this rule to each person fully complying with said paragraph, for each individual regularly scheduled or special meeting, shall also be deemed discharged upon mailing of notice of said meeting to the most current mailing address and name on file with the board for this purpose, as of seven days prior to the particular regularly scheduled or special meeting.

(D) The unapproved minutes of a regularly scheduled or special meeting shall be recorded and open to public inspection in the manner provided for in paragraph (A)(3) of this rule, within ten business days after their recordation. Within ten business days after their approval by the board, the approved minutes of a regularly scheduled or special meeting shall be substituted for the unapproved minutes, and the former shall be open for public inspection in the manner provided for in paragraph (A)(3) of this rule.

R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 4732.06

Rule Amplifies: 4732.06 , 121.22

Prior Effective Dates: 9/1/81, 10/1/90

4732-1-02 Application for licensure.

(A) All applicants for licensure as a psychologist or school psychologist shall file with the secretary of the board a written application, under oath and duly notarized, on a form prescribed by the board and accompanied by the appropriate fee.

(B) All applications for a license to practice psychology or school psychology shall include verification from the "Association of State and Provincial Psychology Boards (ASPPB)" that the applicant holds a current, valid certificate of professional qualification in psychology (CPQ) or a verification letter from the "National Register of Health Service Providers in Psychology" that the person holds a current, valid credential as a health service provider; or

(1) The grade transcript, bearing official seal, sent directly to the board office by each graduate university or college attended by the applicant; and

(2) Notarized statements from those persons who have supervised the applicant's professional work experience in psychology or school psychology. Said statements shall set forth the supervisor's own qualifications, familiarity with the applicant, the extent of the supervision over such applicant, the inclusive dates and number of hours of work supervised, the number of individual and group supervision hours weekly, and an evaluation of the applicant.

(a) In the case of a certificated school psychologist who is working toward admission to the examination for a school psychologist license under division (C) of section 4732.10 of the Revised Code and who is employed by a board of education or by a private school meeting standards prescribed by the state board of education under division (D) of section 3301.07 of the Revised Code, verification of the term of employment of said certificated school psychologist shall be in the form of a notarized statement from the superintendent or other similar official.

(b) In the case of an applicant who is licensed or certified as a psychologist or as a school psychologist by the licensing department of another state, a territory, or the District of Columbia or who holds a diploma issued by the "American Board of Professional Psychology," such notarized statement may be waived if the licensing requirement of the other jurisdiction or the psychology work history of the applicant indicates completion of two years of appropriately supervised experience, including at least one year of postdoctoral experience, prior to original licensure.

(C) The application for licensure shall be deemed to lapse if the applicant has not successfully completed all requirements for licensure within five years after initial filing. Thereafter, a new application shall be necessary for a candidate to pursue licensure.

Effective: 11/01/2007
R.C. 119.032 review dates: 07/07/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 4732.06
Rule Amplifies: 4732.06 , 4732.09 , 4732.10 , 4732.11 , 4732.15
Prior Effective Dates: 12/30/77, 10/1/90, 9/30/96, 7/15/2000

4732-1-03 Fees.

Fees provided for throughout Chapter 4732. of the Revised Code shall be established by the board in the amounts not to exceed the maximum allowable pursuant to section 4732.26 of the Revised Code. Current fees on the effective date of this rule are subject to change by action of the board, the controlling board, and/or the general assembly. Information about fees may be obtained by writing or calling the board office. Such fees, for which checks are made payable to "Treasurer, State of Ohio" but are mailed to the board at the board address, include:

(A) Application and license fee - one hundred twenty-five dollars;

(B) Biennial registration (renewal) fee - a maximum of three hundred fifty dollars in fiscal year 2001 [beginning July 1, 2000], and thereafter. With the option of the fee being waived according to rule 4732-1-06 of the Administrative Code;

(C) Fee for reinstatement of a license - biennial registration fee as in paragraph (B) of this rule, plus a penalty fee of fifty dollars;

(D) Fee for retaking the essay part of the school psychology examination - seventy-five dollars;

(E) Fee for retaking an oral examination - fifty dollars

R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 4732.06

Rule Amplifies: 4732.06 , 4732.11 , 4732.14

Prior Effective Dates: 9/1/81, 10/1/90, 9/30/96, 7/15/2000

4732-1-04 Entrance examiner.

The entrance examiner appointed by the board pursuant to division (A) of section 4732.10 of the Revised Code shall determine whether an applicant meets the requirements of the applicable division of section 4732.10 , division (A) of section 4732.15 , or division (B) of section 4732.22 of the Revised Code. If the entrance examiner determines that an applicant does not meet the requirements, the examiner shall propose to deny the application.

R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 4732.06

Rule Amplifies: 4732.06 , 4732.10 , 4732.15 , 4732.22

Prior Effective Dates: 9/1/81, 10/31/1990, 9/30/96

4732-1-05 License certificate and card.

Each person licensed by the board shall display his/her license certificate and current license card at his/her principal place of professional practice of psychology or school psychology.

R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 4732.06

Rule Amplifies: 4732.06 , 4732.13 , 4732.14

Prior Effective Dates: 10/1/90

4732-1-06 Biennial registration.

(A) Each person licensed as a psychologist or as a school psychologist shall register with the board on a biennial basis pursuant to section 4732.14 of the Revised Code, including the continuing education (CE) information required by section 4732.141 of the Revised Code and rule 4732-2-01 (CE requirements) of the Administrative Code. Registration shall be on a form provided by the board and shall include information deemed necessary by the board, including the licensee's area(s) of psychological competence and compliance with legal or ethical regulations. Forms will be mailed to the last known address of each licensee. Failure to register and pay the biennial registration fee by the thirtieth day of September of each even-numbered year after the year of licensure will result in automatic suspension of the license unless the board has excused, in writing, a licensee from all or any part of the CE requirements pursuant to division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code.

(B) The board hereby waives the registration fee and CE requirements of a licensed psychologist or a licensed school psychologist during such time as said licensee is on active duty in the armed forces of the United States, provided the registration form is completed and exemption from the fee and CE requirements is requested and approved by the board.

(C) Any license suspended pursuant to section 4732.14 of the Revised Code may be reinstated by the board within five years after such suspension, on request of the suspended licensee. Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, and pursuant to section 4732.18 of the Revised Code, such reinstatement

(1) Shall be automatic if requested within one year, upon immediate payment of the biennial registration fee plus the penalty fee in effect at the time of the request and:

(a) Upon receipt in the board office of a certified record from the Ohio Psychological Association or the Ohio School Psychologists Association of having completed the CE requirements that were in effect at the time of the most recent license renewal deadline; or

(b) Without such evidence if the fees and/or CE requirements are waived or excused, in writing, pursuant to section 4732.14 and/or division (F) of section 4732.141 of the Revised Code; or

(2) After one year following such suspension shall require:

(a) Payment of the biennial registration fee in effect at the time of the request for reinstatement plus the penalty fee, unless the board waives the fees pursuant to section 4732.14 of the Revised Code, with no part of these fees being refundable regardless of the outcome of the request for reinstatement; and

(b) Approval by the board of the suspended licensee's notarized statement describing his/her psychological activities after the date of suspension of the license; and

(c) Acceptance by the board of evidence of having completed, either during the previous two years or during the biennium, the CE requirements that were in effect for the biennium prior to the last regular license renewal anniversary unless the board excuses, in writing, the licensee from all or any part of the CE requirements pursuant to section 4732.14 or division (F) of section 4732.141 of the Revised Code and paragraph (C)(9) of rule 4732-2-01 of the Administrative Code; and

(d) If deemed necessary by the board to determine the current competency of the applicant, passing an oral examination administered under the direction of the board. Said oral examination may include, but not be limited to:

(i) The Ohio psychology law (Chapter 4732. of the Revised Code); and

(ii) "Rules Governing Psychologists and School Psychologists," promulgated by the state board of psychology (rules 4732-1-01 to 4732-21-01 of the Administrative Code); and

(iii) Current ethical principles and other relevant documents of the profession of psychology as published by the "American Psychological Association"; and

(iv) Other matters deemed relevant by the board to determine that competence to practice psychology or school psychology in the suspended licensee's declared area(s) of specialty has not been critically impaired during the period the license was lapsed.

Eff 12-30-77; 9-1-81; 10-1-90; 9-30-96; 7-15-00; 11-29-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4732.06
Rule amplifies: RC 4732.06 , 4732.14 , 4732.141 , 4732.18
R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

4732-1-07 Board hearings on rules: methods of public notice.

(A) Pursuant to Chapters 119. and 103. of the Revised Code and prior to the adoption, amendment, or rescission of any rule by the state board of psychology, public notice thereof shall be given at least thirty days prior to the date set for the public hearing, by posting on the board's website www.psychology.ohio.gov, and on the Register of Ohio. Such notice shall include:

(1) A statement of the board's intentions to consider adoption, amendment, or rescission of a rule;

(2) A synopsis of the proposed rule, amendment, or rescission thereof or a general statement of the subject matter to which the proposed rule relates; and

(3) The date, time and place of the public hearing on said proposed action.

(B) Any person may:

(1) View the public notice required in paragraph (A) of this rule and any rules which are under consideration as proposed, amended, and/or rescinded rules on the board's website www.psychology.ohio.gov or

(2) Request a copy of such rules by writing to the board address (presently "State Board of Psychology, 77 South High Street - 18th Floor, Columbus, Ohio 43266-0321"), no later than two weeks prior to the public hearing date, and enclosing a self-addressed mailing label and only unused, United States postage stamps equivalent in value to the total of twenty-five cents per impression to cover the cost of copying plus the amount required for first-class postage. No cash and no check will be acceptable as a substitute.

Eff 9-1-81; 10-1-90; 7-15-00; 11-29-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4732.06
Rule amplifies: RC 4732.06 , 4732.10 , 4732.15
R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

4732-1-08 Personal information systems.

(A) The board shall appoint one employee to be directly responsible for each personal information system maintained by the state board of psychology. Said employee shall:

(1) Inform other employees who have any responsibility for the operation or maintenance of said system, or for the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and the rules adopted thereunder; and

(2) Inform a person who is asked to supply personal information for a system whether the person is legally required to, or may refuse to, supply the information; and

(3) Assure the collection, maintenance and use of only personal information which is necessary and relevant to the functions the board is required or authorized to perform by statute, ordinance, code, or rule; and

(4) Provide a person, who is asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of the other agencies or organizations that have access to the information in the system; and

(5) Allow the person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and the proper identification of the person, the employee shall:

(a) Inform the person of any personal information in the system which includes reference(s) to that person;

(b) Except as provided in divisions (C), (E)(2) and (F) of section 1347.08 of the Revised Code, permit the person, the legal guardian, or an attorney who presents a signed, written authorization made by the person to inspect all personal information in the system which includes reference(s) to that person;

(c) Inform the person about the types of uses made of the personal information, including the identity of any user usually granted access to the system;

(d) Allow a person who wishes to exercise a right provided by this paragraph to be accompanied by another individual chosen by the person;

(e) Provide, upon request, copies of any personal information the person is authorized to inspect. Reasonable charges are made for providing requested copies, with information about such charges being available by writing or calling the board office;

(6) Investigate disputes to the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system. A copy of such reprimand shall be entered in the employee's personnel file in the board office.

(C) The board shall monitor the accuracy, relevance, timeliness, and completeness of the personal information in the system and,

(1) In accordance with procedures, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of the information, eliminating information that is no longer necessary; and

(2) If a person who is the subject of personal information in a personal information system disputes the accuracy, relevance, timeliness, or completeness of the personal information and requests the board to investigate the current status of the information, the board shall:

(a) Within ninety days after receiving the request from the disputant, make a reasonable investigation to determine whether the disputed information is accurate, relevant, timely, and complete; and

(b) Notify the disputant of the results of the investigation and of the action the board plans to take with respect to the disputed information; and

(c) Delete any information that it cannot verify or that it finds to be inaccurate; and

(d) Permit the disputant, if not satisfied with the board's determination, to include within the system:

(i) A brief statement on the disputed information, such statement being limited to one hundred words with the board assisting the disputant to write a clear summary of the dispute; or

(ii) A notation that the disputant protests that the information is inaccurate, irrelevant, outdated, or incomplete; with the board maintaining a copy of the disputant's statement of the dispute.

(D) The board shall not place personal information into an interconnected and combined system, or use personal information that is placed into such a system by another state or local agency or another organization, unless such system will contribute to the efficiency of the involved agencies in implementing programs that are authorized by law.

(E) The board shall not use personal information placed into an interconnected or combined system by another state or local agency or another organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

R.C. 119.032 review dates: 07/07/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 4732.06

Rule Amplifies: 1347.05 , 1347.08 , 1347.09 , 4732.06

Prior Effective Dates: 9/1/81, 10/1/90

4732-1-09 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving 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 in section 1347.15 of the Revised Code.

(C) "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.

(D) "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 in accordance with 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.

(E) "Board" means the state board of psychology.

(F) "Employee of the board" means each employee of the board, each member of the board appointed pursuant to section 4732.02 of the Revised code, and each member of the school psychology licensing committee appointed by the board pursuant to section 4732.11 of the Revised Code.

(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 a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

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

(J) "Person" means a 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 commonplace, 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 employees and maintained by the board for internal 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 computer 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: 12/06/2010
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15

4732-1-10 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the board shall do the following:

(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 his/her 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 agency 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 all of 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 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 invalidly was 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(s) 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 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 compliance 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 shall designate an employee of the agency 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: 12/06/2010
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.

4732-1-11 Valid reasons for accessing confidential person 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 employees of the board may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions 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 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 of the board would also have valid reasons for accessing CPI in these following circumstances:

(1) Reporting administrative actions and disciplinary records pursuant to state or federal law or requirements of membership in the association of state and provincial psychology boards;

(2) Monitoring compliance with board orders and consent agreements, including the review of internal and external reports and data used to facilitate the monitoring process;

(3) Records maintenance processes, including filing, photocopying, scanning, and reviewing records for retention and destruction; and

Effective: 12/06/2010
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15

4732-1-12 Confidentiality statutes.

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

(A) Social security numbers: 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) _Medical records: health insurance portability and accountability act, 11 45, CFR 160, 42USC 1320 .

(D) College and university academic transcripts received by the board: family educational and privacy act 34 CFR part 99.

Effective: 12/06/2010
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15

4732-1-13 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 board shall do the following:

(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 agency 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/herself.

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

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

Effective: 12/06/2010
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15