Ohio Admin. Code 3796:7-2-10

Current through all regulations passed and filed through September 23, 2024

Section 3796:7-2-10 - Confidentiality of patient-identifying information at adjudication hearings

(A) Notwithstanding any provision to the contrary in Chapter 119. of the Revised Code, all adjudication hearings related to a patient registration shall be closed to the public, in accordance with division (B) of section 3796.08 of the Revised Code.

(B) Documents that contain patient-identifying information are confidential. Patientidentifying information includes, but is not limited to:

(1) Patient's name;

(2) Patient's social security number;

(3) Patient's date of birth;

(4) Patient's driver's license number;

(5) Patient's home address, telephone number, email address, or any other contact information;

(6) Patient's registry card number and related information;

(7) Any other information that can be used to identify a patient or is required to be confidential under state or federal law.

(C) For all proceedings associated with an adjudication hearing, whether related to a patient registration or not:

(1) Any confidential document, as described in paragraph (B) of this rule, may be provided to a representative of record or to a witness during the adjudication hearing but shall not be disseminated to any other person unless the patientidentifying information is redacted.

(2) Any confidential documents as described in paragraph (B) of this rule that is presented as an exhibit, whether admitted or proffered, shall either have all patient-identifying information redacted or be sealed prior to being made part of the adjudication hearing record.

(3) Any portion of a transcript that contains patient-identifying information shall be sealed and made part of the adjudication hearing record. Sealed portions of transcripts shall only be provided to the parties or as otherwise necessary to conduct an adjudication hearing or related appeal pursuant to Chapter 119. of the Revised Code.

(D) A patient may waive any of the provisions described in this rule.

(E) Nothing in this rule prevents the dissemination of public records, as defined section 149.43 of the Revised Code, so long as they have been appropriately redacted to protect patient and other confidential information.

Ohio Admin. Code 3796:7-2-10

Effective: 9/5/2022
Five Year Review (FYR) Dates: 09/05/2027
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04, 3796.08
Prior effective dates: 09/08/2017