Ohio Code 3705.32 – Records are confidential – exceptions
(A) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to section 3705.30 of the Revised Code are confidential medical records.
Terms Used In Ohio Code 3705.32
- Child: includes child by adoption. See Ohio Code 1.59
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(B)(1) The director of health may use information assembled by the system to notify parents, guardians, and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.
(2) The director may disclose information assembled by the system with the written consent of the parent or legal guardian of the child who is the subject of the information.
(C)(1) Access to information assembled by the system shall be limited to the following persons and government entities:
(a) The director of health;
(b) Authorized employees of the department of health;
(c) Qualified persons or government entities that are engaged in demographic, epidemiological, or similar studies related to health and health care provision.
(2) The director shall give a person or government entity described in division (C)(1)(c) of this section access to the system only if the person or a representative of the person or government entity signs an agreement to maintain the system’s confidentiality.
(3) The director shall maintain a record of all persons and government entities given access to the information in the system. The record shall include all of the following information:
(a) The name of the person who authorized access to the system;
(b) The name, title, and organizational affiliation of the person or government entity given access to the system;
(c) The dates the person or government entity was given access to the system;
(d) The specific purpose for which the person or government entity intends to use the information.
(4) The record maintained pursuant to division (C)(3) of this section is a public record, as defined in section 149.43 of the Revised Code.
(5) A person who violates an agreement described in division (C)(2) of this section may be denied further access to confidential information maintained by the director.
(D) The director may disclose information assembled by the system in summary, statistical, or other form that does not identify particular individuals or individual sources of information.