Ohio Admin. Code 4731-8-05 - Confidentiality statutes
With regard to confidential personal information maintained by the board, the following federal statutes or regulations or state statutes and administrative rules make the personal information confidential:
(A) Social security numbers of applicants,
licensees, and board employees:
5 U.S.C.
552a., unless the individual was told that
the number would be disclosed.
(B)
"Bureau of Criminal Investigation and Information" criminal records check
results: section
4776.04
of the Revised Code.
(C)
Complaints, the names of complainants and patients, and information received in
an investigation, including any medical records of the subject of the
complaint: division (F) of section
4730.26,
division (F) of section
4731.22,
division (E) of section
4760.14,
division (E) of section
4762.14,
and division (E) of section
4774.14
of the Revised Code.
(D) Medical
malpractice payouts reported by a professional liability insurer: division (F)
of section
4730.32,
division (F) of section
4731.224,
division (F) of section
4760.16,
division (F) of section
4762.16,
and division (F) of section
4774.16
of the Revised Code.
(E) Formal
disciplinary action reported by a health care facility: division (F) of section
4730.32,
division (F) of section
4731.224,
division (F) of section
4760.16,
division (F) of section
4762.16,
and division (F) of section
4774.16
of the Revised Code.
(F) A belief
that a violation of law has occurred when reported by a licensee or
professional society of licensees: division (F) of section
4730.32,
division (F) of section
4731.224,
division (F) of section
4760.16,
division (F) of section
4762.16,
and division (F) of section
4774.16
of the Revised Code.
(G) Medical
records of board employees or their family members: "Family Medical Leave Act
of 1993,"
Pub.
L. No. 103-3 ;
29 U.S.C. Sec.
260 as implemented in
29 C.F.R.
825.500; Section I of the "Americans with
Disabilities Act of 1990,"42 U.S.C. Sec.
12112(d).
(H) Employee assistance program records:
section
124.88
of the Revised Code.
(J) "Federal Bureau of Investigation"
criminal records check results: section
4776.04
of the Revised Code;
28 CFR
20.33(d).
(K) "National Practitioner Data Bank" and
"Healthcare and Integrity Protection Data Bank" reports: 45 CFR Part
60.
(L)
Residential and familial information for covered licensees: divisions
(A)(1)(p), (A)(7), and (A)(8) of section
149.43
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 12/31/2010, 07/31/2016
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