Ohio Physician’s Duty to Report Misconduct
Published: Jun 05, 2026 by Jeffrey FortkampPrepared by Jeffrey Fortkamp, Esq., Attorney at Graff & McGovern, LPA
In Ohio, licensed physicians have a duty to report misconduct to the State Medical Board of Ohio.
For physicians licensed in the state of Ohio, there are technically two duties to report misconduct: 1) to report their own misconduct (within 30 days of the event and upon license renewal), and 2) to report the misconduct of others (within 48 hours).[1] This article covers a physician’s duty to report the misconduct of others – check-out our recently posted article on a physician’s duty to self-report.
If you are a physician and have committed or participated in criminal conduct or sexual misconduct or know someone that has, then contact us today to help you navigate what to do next.
The current duty-to-report structure in Ohio results from the state’s critical review of the handling of documented, systemic failures at both The Ohio State University and State Medical Board of Ohio that prevented any tangible administrative or criminal consequences from ever being taken against now deceased physician Richard Strauss.[2] For this reason, the current duty to report structure is heavily focused on educating and equipping others to report physician misconduct.
Arguably, there has always been a moral and ethical duty to report misconduct by and within the medical profession. Today, Ohio’s medical practice act clearly articulates a legal requirement and duty to self-report misconduct by physicians and those who would have knowledge of physician misconduct – see Ohio Revised Code Section 4731.224 and Ohio Administrative Code Rule 4731-15-01.
There are two reporting timelines for physicians:
- Duty to self-report: within 30 days of the misconduct;[3] and
- Duty to report others: within 48 hours of any belief of misconduct.[4]
The administrative rule regarding a physician’s duty to report specifically requires licenses of the State Medical Board of Ohio to report violations of law, rule, and code of ethics standards. This means that the scope of the duty to report is actually very broad and includes reporting inappropriate behavior by a healthcare professional or colleague – not just a fellow physician, but also violations by physician assistants (Chapter 4730), dieticians (Chapter 4759), anesthesiologist assistants (Chapter 4760), respiratory care professionals (Chapter 4761), acupuncturists and oriental medicine practitioners (Chapter 4762), radiologist assistants (Chapter 4774), and genetic counselors (Chapter 4778).[5]
The administrative rule also establishes that the duty to report is triggered when there is a reasonable belief that a violation has occurred. The “reason to believe” or “belief” does not require absolute certainty or complete unquestioning acceptance, but only an opinion that a violation may have occurred based upon firsthand knowledge or reliable information.[6] The administrative rule adds: “Reporting of any belief that a violation has occurred to a review committee…or any entity other than the board does not discharge the duty or obligation to report to the board.”[7] In other words, if you tell your supervisor or employer’s professional committee that is good, but you still have a duty to report this misconduct to the board.
The State Medical Board of Ohio offers some additional, good guidance on the duty to report:
If you suspect or have observed inappropriate behavior by a health care professional or colleague, you should file a complaint with the State Medical Board. If you believe a crime has been committed, you should also contact your local law enforcement. Knowing a colleague is violating regulations and not reporting to the Medical Board not only puts patients at risk but also puts your license to practice in jeopardy. Licensees should not assume that by informing their supervisor their duty to report is fulfilled. Failure to report can result in a criminal charge and the Medical Board may pursue formal discipline against your license for failure to report which could include a fine of up to $20,000.[8]
If you have reason to believe that a healthcare professional or colleague has engaged in misconduct, then contact us today to help you navigate what to do next.
Physicians can report misconduct (their own or of others) directly to the Medical Board, 24 hours/7 days a week, through a confidential complaint hotline at 1-833-333-SMBO (7626) or online at med.ohio.gov. Provisions in the Ohio Revised Code make all complaints received by the Board confidential (and they will only become public if/when the Board takes formal disciplinary action or issues formal charges[9]).
Before you report, contact us today to help you prepare your statement and for what may follow.
Important to know as you consider reporting misconduct, the Revised Code states: “In the absence of bad faith, any person who reports information of [misconduct]… shall not be liable in damages in a civil action as a result of the report or testimony.”[10]
To its credit, Ohio’s reporting structure is also designed to help and support physicians who self-report an impairment, which includes things like burnout, mental health, substance use disorders, or other medical conditions. The Board has established a confidential, non-disciplinary program for the evaluation and treatment of practitioners and applicants who are, or may be, impaired and who also meet the eligibility conditions.[11] The key is to self-report and fully participate in the process. And, to reinforce the confidential nature of this program, the administrative rule exempts from the obligation to report misconduct individuals, associations, and societies that either operate or participate in treatment programs or peer assistance programs.[12]
If you would like to learn more about how physician health programs work, contact us today.
Finally, to reinforce the importance of the physician’s duty to report and promote awareness of this obligation, physicians are required to complete one hour of Continuing Medical Education (CME) on the topic of a licensee’s duty to report misconduct.[13] If you want to learn more about the duty to report and even complete your CME requirement, the State Medical Board provides a helpful, free video here: https://med.ohio.gov/for-licensees/duty-to-report.
Continue to monitor the Graff & McGovern, LPA website for future articles regarding the duty to report in Ohio and other states. And, if you have not done so already, check-out our recently posted article on a physician’s duty to self-report.
If you are a physician facing an investigation and/or a potential sanction against your medical license in one or more states, please contact the law firm Graff & McGovern, LPA to learn how we can help you defend your license in each state you are licensed to practice.
[1] There is a second group of individuals with a duty to report: 1) by a healthcare facility of the misconduct of its licensed employees (Sec. 4731.224(B) and Rule 4731-15-02), 2) by a physician association or society (Sec. 4731.224(D)), 3) an insurer providing professional liability insurance (Sec. 4731.224(E), 5) by law enforcement (Section 4731.223).
[2] Governor’s Working Group on Reviewing the Medical Board’s Handling of the Investigation Involving Richard Strauss, August 30, 2019. The OSU Dr. Strauss incident refers to the sexual misconduct scandal involving Dr. Richard Strauss, a former athletic team doctor, and physician at Ohio State University (OSU) from 1978 to 1998. To date, 521 male survivors have come forward saying they were assaulted during his tenure at the university. Learn more at: Survivors of OSU.
[3] Ohio Revised Code 4731.224. The statute outlines different scenarios for when reporting is required, but in each scenario the period of time within which to report is the same: thirty days.
[4] Ohio Administrative Rule 4731-15-01(E).
[5] Ohio Administrative Rule 4731-15-01(B)(1).
[6] Ohio Administrative Rule 4731-15-01(D).
[7] Ohio Administrative Rule 4731-15-01(E).
[8] https://med.ohio.gov/for-licensees/duty-to-report
[11] Section 4731.25 Confidential monitoring program. To learn more about this program, visit the OhioPHP program online.
[12] 4731-15-01(C) The rule provides some additional requirement, but ensures that physicians can seek help for impairment in a private, non-disciplinary manner, which is good for the public, the profession, and the physician.
[13] Ohio Administrative Code 4731-10-02 – Physicians have a 50 hours of CME requirement, one hour must be on the licensee’s duty to report misconduct under section 4731.224 of the Revised Code. This requirement must be repeated every two years. The one hour of duty to report CME followed from the Report of the Working Group on Reviewing of the Medical Board’s Handling of the Investigation Involving Richard Strauss in order to address the importance of a licensee’s duty to report misconduct to the board. Starting in FY20, applications for every license type the Medical Board issues now contain a requirement to acknowledge the licensee’s personal duty to report any violations by other licensees to the State Medical Board of Ohio.