(1) Licensees may use an electronic system to
record attendance in lieu of a paper sign-in record.
(2) If an electronic system is used to record
attendance, it must record either an electronic signature, swipe card, personal
identification number (PIN), biometric reader, or similar action by the parent
or designee when signing the child in and out of the licensee's care.
(3) The electronic system selected must
ensure the authenticity, confidentiality, integrity, security, accessibility,
and protection against repudiation of the electronic records, and must be able
to:
(a) Produce an authentic, verifiable
written record for each transaction upon demand that complies with all legal
and other requirements regarding the record's structure, content, and time of
creation or receipt;
(b)
Authenticate (prove the identity of) the sender of the record and ensure that
the electronic record has not been altered;
(c) Uniquely identify each record;
(d) Capture an electronic record for each
transaction conducted;
(e) Maintain
the integrity of electronic records as captured or created so that they can be
accessed, displayed, and managed as a unit;
(f) Retain electronic records in an
accessible form for their legal minimum retention period;
(g) Search and retrieve electronic records in
the normal course of business throughout their entire legal minimum retention
period;
(h) Produce authentic
copies of electronic records and supply them in useable formats, including hard
copies, for business purposes and all public access purposes;
(i) Develop an approach to maintain the
authenticity and integrity of electronically signed electronic
records;
(j) Ensure that the
electronic system performs in an accurate, reliable, and consistent manner in
the normal course of business; and
(k) Limit system access to authorized
individuals and for authorized purposes, and maintain physical and
environmental security controls.
(4) Electronic attendance records must
contain all of the information necessary to reproduce the entire electronic
record and associated signatures in a form that permits the person viewing or
printing the entire electronic record to verify:
(a) The contents of the electronic
record;
(b) The method used to sign
the electronic record, if applicable;
(c) The person signing the electronic record;
and
(d) The date when the signature
was executed.
(5) As
used in this section:
"Electronic record" means a record generated,
communicated, received, or stored by electronic means for use in an information
system or for transmission from one information system to another.
"Electronic signature" means a signature in
electronic form attached to or logically associated with an electronic record
including, but not limited to, a digital signature. An electronic signature is
a paperless way to sign a document using an electronic sound, symbol, or
process, attached to or logically associated with a record, and executed or
adopted by a person with the intent to sign the record.
"Sign" includes signing by physical signature,
if available, or electronic signature.
