Chapter 4761-2 Administrative Provisions

4761-2-01 Board organization.

(A) The board shall hold an annual meeting in April, at which time it shall elect a president and secretary, who shall serve one year.

(B) The president shall preside at all meetings of the board. The president may appoint another board member to serve as vice-president to preside in the president's absence. In lieu of a hearing examiner for adjudication hearings, the president shall serve as the appointed hearing officer or the board may elect a hearing officer from among the other board members. The board may form committees as needed to fulfill its purpose under Chapter 4761. of the Revised Code and appoint qualified members.

(C) The board shall hold regular meetings as often as necessary to carry out its duties. Meetings shall be held in the Vern Riffe center for government and the arts or in such other places as deemed reasonable by the board.

(D) In the event of a vacancy, the board shall fill the office from among the members of the board at a regular or special meeting of the board.

Effective: 08/09/2010
R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03
Rule Amplifies: 4761.02
Prior Effective Dates: 3/10/1990, 9/21/1998, 7/11/2003, 05/23/2005

4761-2-02 Personnel.

The board shall:

(A) Employ an executive director who shall be the chief administrative officer of the board. The executive director shall be in the unclassified service of the state and shall be responsible for the daily activities of the board's office staff. The executive director shall assist the board in the administration and enforcement of Chapter 4761. of the Revised Code. If the executive director is a licensee of the board, he/she shall not engage in active practice of respiratory care while employed in this position.

(B) The executive director of the Ohio respiratory care board may, on behalf of the board, perform the following duties:

(1) Approve and issue, by signature authority, subpoenas pursuant to an investigation.

(2) Approve and issue, by signature authority, "Opportunity for Hearing Notices" that have been reviewed, moved and approved by majority vote of a quorum of the board during an open business meeting and "Allegations and Opportunity for Hearing Notices" moved and approved by the board during a telephonic conference pursuant to division (C) of section 4761.09 of the Revised Code, for the purpose of considering a summary suspension of a license.

(3) Approve and issue, by signature authority, initial licenses under section 4761.04 of the Revised Code, limited permits under section 4761.05 of the Revised Code and non-resident registrations under division (A)(4) of section 4761.11 of the Revised Code. The executive director must follow the rules adopted by the board under rules 4761-4-01 , 4761-5-01 , 4761-5-04 , 4761-5-05nd4761-6-01 of the Administrative Code when determining an applicant's qualification for issuance of the authorization to practice. Any application containing information indicating that the applicant is not fit to be licensed shall be held and reviewed by the board's probable review committee. If authorized for release by the committee, the executive director may issue the appropriate authorization to practice. The probable review committee may defer any application directly to the full board.

(C) Authorize the executive director to employ office staff and contract for services as necessary to carry out its responsibilities under Chapter 4761. of the Revised Code. The executive director may hire, discipline, or terminate board staff in accordance with the Ohio civil service employees association, AFSCME local 11, contract with the state of Ohio.

(D) The executive director may manage the staff and board resources as required to meet the obligations, goals and objectives of the agency. The executive director must report on the status of the agency at each regular board meeting, including fiscal, licensing and personnel status. All expenditure shall be monitored and reported to the board at each regular board meeting. Capital expenditures in excess of five hundred dollars must be approved by the board.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4761.03 , 4761.03(A)(5)
Rule Amplifies: 4761.02 , 4761.03 , 4761.03(A)(5)
Prior Effective Dates: 3/10/1990, 1/31/1992, 5/2/1996, 3/26/2001, 05/23/2005

4761-2-03 Board records.

(A) The board shall maintain an electronic register of applicants for licenses and permits to practice respiratory care. It shall include the name, school of respiratory care from which the applicant graduated, if applicant is such a graduate, method and date the licenses or permits were issued and any other data the board shall require. If the applicant took the examination, the dates of examination shall be shown and scores attained where possible.

(B) The board shall maintain an electronically imaged or paper file containing the original license or limited permit application, verification of national credentialing in the profession of respiratory care, verification of previous or current licensing from other states, proof of successfully completing an accredited program in respiratory care, and any other documentation deemed necessary by the board for the issuance of an initial license or limited permit. The electronically imaged or paper file will also include disciplinary action orders or consent agreements approved by the board. An electronic imaged record shall constitute the official and original record of the board if the original record has been destroyed in accordance with the board's records retention schedule.

(C) A change in the name of the licensee, permit holder or applicant shall not be made on the board's records unless the request is accompanied by one of the following:

(1) A notarized personal affidavit.

(2) A certified copy of a court record.

(3) A certified copy of a marriage certificate.

R.C. 119.032 review dates: 10/28/2013 and 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4761.03
Rule Amplifies: 4761.02 , 4761.03(A)(5)
Prior Effective Dates: 03/10/1990, 09/21/1998, 07/11/2003, 08/15/2008

4761-2-04 Personal information systems. [Rescinded].

Rescinded eff 10-26-09

4761-2-05 Personal information systems.

(A) For the purpose of this rule and in accordance with Chapter 1347. of the Revised Code:

(1) "Personal information" means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by, a name, identifying number, symbol, or other identifier assigned to a person. Personal information shall not include, in accordance with division (A)(1)(e) of section 1347.04 of the Revised Code, personal information systems that are comprised of investigatory material compiled for law enforcement purposes by the board.

(2) "System" means any collection or group of related records that are kept in an organized manner and that are maintained by a state or local agency, and from which personal information is retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. "System" includes both records that are manually stored and records that are stored using electronic data processing equipment. "System" does not include published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.

(3) "Maintains" means board ownership of, control over, responsibility for, or accountability for systems and includes, but is not limited to, the board depositing of information with a data processing center for storage, processing, or dissemination. The board "maintains" all systems of records that are required by law to be kept by the agency.

(B) The personal information system of the board shall be maintained in accordance with Chapter 1347. of the Revised Code.

(C) The board shall collect, maintain, and use only personal information that is necessary and relevant to the functions that the board is required or authorized to perform by statute or rule. Personal information shall be eliminated from the system when it is no longer necessary and relevant to those functions in accordance with the board record retention policy established pursuant to section 149.34 of the Revised Code.

(D) The board shall identify a privacy officer to be directly responsible for the personal information system of the board. The privacy officer shall develop procedures for purposes of monitoring the accuracy, relevance, timeliness, and completeness of the personal information in the system, and, in accordance with the 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.

(E) The board shall take reasonable precautions to protect personal information in the system from unauthorized modification, destruction, use, or disclosure.

(F) The board shall specify disciplinary measures to be applied to 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.

(G) The board shall provide for the right of persons who are the subject of personal information to be informed about the personal information of which the person is the subject and to permit the person or the person's legal representative to inspect the personal information of which the person is the subject, in accordance with section 1347.08 of the Revised Code, including:

If any person disputes the accuracy, relevance, timeliness, or completeness of personal information that pertains to the person and that is maintained by the board in a personal information system, that person may request the board to investigate the current status of the information. The board shall comply with section 1347.09 of the Revised Code when the board receives such a request.

(H) The board shall not place personal information into an interconnected and combined system, unless the system contributes to the efficiency of the board or agencies using the system or organizations authorized to use the system in implementing programs which are required or authorized by law.

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

Effective: 03/31/2014
R.C. 119.032 review dates: 01/10/2014 and 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4761.03 , 1347.05 , 1347.06
Rule Amplifies: 4761.03 , 1347.05 , 1347.06
Prior Effective Dates: 03/10/1990, 09/21/1998, 03/26/2001, 10/26/2009