Chapter 4732-1 | General Provisions

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

• Effective: June 8, 2015
• Promulgated Under: 119.03

(A) Any person, including any representative of the news media, 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, except in the event of an emergency requiring immediate official action, by:

(1) Sending an email to the board office addressed to [e-mail] to request placement on an email contact list for advance notification of all meetings. Failure to keep a person's email address updated shall relieve the board of any obligation under this rule, as to advance notice of any type of meeting.

(2) Consulting the website of the state board of psychology www.psychology.ohio.gov or by mailing or calling the office of the state board of psychology (present telephone number being [phone]) 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. The present address is "State Board of Psychology, 77 South High Street - 18th Floor, Columbus, Ohio 43215-6108."

(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.

(4) In the event of a special meeting of an emergency nature, the state board of psychology shall immediately notify by email all persons on the email contact list referenced in paragraph (A)(1) of this rule.

(B) The unapproved minutes of a regularly scheduled or special meeting shall be recorded and open to public inspection in the manner provided for in paragraphs (A)(2) and (A)(3) of this rule, within ten business days after their completion. 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 approved minutes shall be open for public inspection in the manner provided for in paragraphs (A)(2) and (A)(3) of this rule.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06; 121.22
Five Year Review Date: 9/5/2029
Prior Effective Dates: 9/1/1981

Rule 4732-1-02 | Application for licensure.

• Effective: January 1, 2025
• Promulgated Under: 119.03

(A) All applicants for licensure as a psychologist, independent school psychologist, or school psychologist shall file with the executive director of the board a written application, under oath, in a format prescribed by the board and accompanied by the appropriate fee.

(B) All applications for a license to practice psychology, independent school 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) Statements, under oath, 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 licensed school psychologist who is working toward admission to the examination for an independent 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 school psychologist shall be in the form of a 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 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 three years after initial filing. Thereafter, a new application shall be necessary for a candidate to pursue licensure.

Last updated January 2, 2025 at 9:09 AM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.09, 4732.10, 4732.11, 4732.15
Five Year Review Date: 1/1/2030
Prior Effective Dates: 10/1/1990, 7/15/2000, 11/1/2007

Rule 4732-1-03 | Fees.

• Effective: January 1, 2025
• Promulgated Under: 119.03

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 making inquiry by email or telephone call to the board office. Such fees, which are payable by credit card in the board's online license management portal, include:

(A) Application and license fee - three hundred dollars;

(B) Biennial registration (renewal) fee assessed to psychologists and independent school psychologists - three hundred fifty dollars beginning July 1, 2014 and three hundred sixty dollars beginning July 1, 2016 through June 30, 2020, and three hundred sixty-five dollars beginning July 1, 2020 and thereafter, with the option of the fee being waived according to rule 4732-1-06 of the Administrative Code;

(C) Quinquennial registration (renewal) fee assessed to licensed school psychologists- three hundred dollars;

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

(E) Fee for retaking any examination administered by the board - fifty dollars;

(F) Fee for nonresident psychologist application to practice for no more than thirty days per year - one hundred fifty dollars.

Last updated January 2, 2025 at 9:09 AM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.11, 4732.14, 4732.15
Five Year Review Date: 1/1/2030
Prior Effective Dates: 10/1/1990, 9/30/1996, 11/25/2019

Rule 4732-1-04 | Entrance examiner.

• Effective: September 7, 2015
• Promulgated Under: 119.03

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 or division (A)(2) 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.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.10, 4732.15, 4732.22
Five Year Review Date: 9/5/2029
Prior Effective Dates: 5/17/1976

Rule 4732-1-05 | License certificate and card.

• Effective: June 8, 2015
• Promulgated Under: 119.03

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

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.10, 4732.15, 4732.22
Five Year Review Date: 9/5/2029
Prior Effective Dates: 4/14/1975

Rule 4732-1-06 | Biennial registration.

• Effective: January 1, 2025
• Promulgated Under: 119.03

(A) Each psychologist and independent 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 of the Administrative Code (CE requirements). Registration shall be in a format and manner prescribed 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. Notice of the registration process and instructions 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) Each licensed school psychologist shall register with the board on a quinquennial basis pursuant to division (D) of 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 of the Administrative Code. Registration shall be in a format and manner prescribed by the board and shall include information deemed necessary by the board, including the licensee's compliance with legal or ethical regulations. Notice of the registration process and instructions will be mailed to the last known address of each licensee. Failure to register and pay the quinquennial registration fee by the thirtieth day of September of each year that ends with a zero or a five will result in expiration 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. To reduce regulatory burden on licensed school psychologists, the board hereby waives the CE requirement for all licensed school psychologists during the first license registration period following transition of school psychologist licensure from the Ohio department of education and workforce to the board (deadline September 30, 2025).

(C) The board hereby waives the registration fee and CE requirements of a license holder 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.

(D) The board hereby waives the CE requirements of a license holder who chooses to place the license into retired status pursuant to section 4732.142 of the Revised Code.

(E) Any psychologist or independent school psychologist license that expires pursuant to section 4732.14 of the Revised Code may be reinstated by the board within five years after such expiration, on request of the expired license holder. 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 the expiration of a psychologist or independent school psychologist license the board 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 individual's statement, under oath, describing his/her psychological activities after the date that the licensed expired pursuant to section 4732.14 of the Revised Code; 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 examination administered under the direction of the board and described in section 4732.11 of the Revised Code.

(F) Any licensed school psychologist license that expires pursuant to section 4732.14 of the Revised Code may be reinstated by the board within five years after such expiration, on request of the expired license holder. 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 granted upon immediate payment of the quinquennial 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 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.

(G) Any psychologist or independent school psychologist license that is placed into retired status pursuant to section 4732.142 of the Revised Code may be reinstated by the board within five years after the license is placed into retired status, without penalty, on request of the "psychologist-retired," or "independent school psychologist-retired." Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, such reinstatement:

(1) Shall be automatic if requested within one year, upon immediate payment of the biennial registration 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 placement of the license into retired status the board shall require:

(a) Payment of the biennial registration fee in effect at the time of the request for reinstatement 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 individual's statement, under oath, describing his/her psychological activities after the date that the license was placed into retired status pursuant to section 4732.142 of the Revised Code; 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 last regular license renewal deadline 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 and described in section 4732.11 of the Revised Code.

(H) Any licensed school psychologist license that is placed into retired status, pursuant to section 4732.142 of the Revised Code, may be reinstated by the board within five years after the license is placed into retired status, without penalty, on request of the "licensed school psychologist-retired." Absent any grounds for denial as set forth in section 4732.17 of the Revised Code, such reinstatement:

(1) Shall be granted upon immediate payment of the biennial registration fee in effect at the time of the request and:

(a) Upon receipt in the board office of a certified record from 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.

Last updated January 2, 2025 at 9:10 AM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.14, 4732.141, 4732.18
Five Year Review Date: 1/1/2030
Prior Effective Dates: 9/1/1981, 11/29/2004, 8/10/2017

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

• Effective: June 8, 2015
• Promulgated Under: 119.03

(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 on the register of Ohio www.registerofohio.state.oh.us.

(2) Request a copy of such rules by email to [e-mail] or by by mail by writing to the board address (presently "State Board of Psychology, 77 South High Street - 18^th Floor, Columbus, Ohio 43215-6108"), no later than two weeks prior to the public hearing date.

Last updated April 9, 2025 at 9:09 AM

Supplemental Information

Authorized By: 4732.06
Amplifies: 4732.06, 4732.10, 4732.15
Five Year Review Date: 9/5/2029
Prior Effective Dates: 7/15/2000

Rule 4732-1-09 | Definitions.

• Effective: December 6, 2010
• Promulgated Under: 119.03

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.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 1347.15 (B)
Amplifies: 1347.15
Five Year Review Date: 9/5/2029

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

• Effective: December 6, 2010
• Promulgated Under: 119.03

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.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 1347.15 (B)
Amplifies: 1347.
Five Year Review Date: 9/5/2029

Rule 4732-1-11 | Valid reasons for accessing confidential person information.

• Effective: December 6, 2010
• Promulgated Under: 119.03

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

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 1347.15 (B)
Amplifies: 1347.15
Five Year Review Date: 9/5/2029

Rule 4732-1-12 | Confidentiality statutes.

• Effective: December 6, 2010
• Promulgated Under: 119.03

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.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 1347.15 (B)
Amplifies: 1347.15
Five Year Review Date: 9/5/2029

Rule 4732-1-13 | Restricting and logging access to confidential personal information in computerized personal information systems.

• Effective: December 6, 2010
• Promulgated Under: 119.03

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.

Last updated September 5, 2024 at 3:31 PM

Supplemental Information

Authorized By: 1347.15 (B)
Amplifies: 1347.15
Five Year Review Date: 9/5/2029