LAW
Writer®
Ohio Laws and Rules
(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 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.
R.C. 119.032 review dates: 05/15/2008 and 05/23/2010
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
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, 4761-5-05 nd 4761-6-01 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: 05/15/2008 and 05/23/2010
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
(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.
Effective: 08/15/2008
R.C. 119.032 review dates: 05/15/2008 and 08/15/2013
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
The following regulations shall govern the control of personal information maintained by the board.
(A) The executive director shall be directly responsible for each applicant’s personal information maintained in the board’s personal information system. The executive director shall:
(1) Inform all employees who have been assigned responsibility for the operation, maintenance, or use of personal information of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and
(2) Inform all persons requested to supply personal information for a system, whether or not the person is legally required to provide such information; and
(3) Restrict the collection, maintenance, and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute or rule; and
(4) Provide to all persons asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identify of all other agencies or organizations that have access to the system; and
(5) Allow all persons to inspect their personal information pursuant to section 1347.08 of the Revised Code. Upon receiving a request and verifying that the person requesting access to the personal information is the subject of the information contained in the system, the employee shall:
(a) Provide the personal information to that person;
(b) Permit the person or the person’s legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which the person is subject, except where prohibited by law;
(c) Inform the person of the uses made of the personal information and identify other users who have access to the system;
(d) Allow persons who wish to exercise their right to inspect personal information, as provided by this rule, to be accompanied by one individual of that person’s choice;
(e) Provide, for a reasonable fee, copies of any personal information the person is authorized to inspect; and
(f) Investigate disputes concerning the accuracy, relevance, timeliness, or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.
(B) The board shall discipline any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system.
(C) The board shall monitor its personal information system by:
(1) Maintaining the personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the board that is based on information contained in the system; and
(2) Eliminating unnecessary information from the system.
(D) The board shall investigate, upon request, the accuracy, relevance, timeliness, or completeness of personal information which is disputed by a person who is the subject of information contained in the system within ninety days after receipt of a request. The board shall:
(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and
(2) Delete any information the board cannot verify or finds to be inaccurate; and
(3) Permit the disputant, if the disputant is not satisfied with the determination made by the board, to include within the system:
(a) A brief statement of the person’s position on the disputed information; or
(b) A brief statement that the person finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete.
(4) The board shall maintain a copy of all statements made by the disputant.
(E) The board shall not place personal information into an interconnected and combined system, unless the system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.
(F) 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.
(G) The board shall make available, upon request, all information concerning fees charged by the board for reproduction of materials contained in its personal information system.
R.C. 119.032 review dates: 05/15/2008 and 05/23/2010
Promulgated Under: 119.03
Statutory Authority: 4761.03, 1347.06
Rule Amplifies: 1347, 4761.03
Prior Effective Dates: 03/10/1990, 09/21/1998, 03/26/2001