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Prepared by Jeffrey Fortkamp, Esq., Attorney at Graff & McGovern, LPA

In Ohio, licensed physicians have a duty to self-report to the State Medical Board of Ohio within THIRTY DAYS of committing or participating in criminal conduct or sexual misconduct. There is a lot to unpack in that sentence, which we will attempt to do below. But, if have committed or participated in criminal conduct or sexual misconduct, then contact us today to help you defend your license.

For physicians licensed in the state of Ohio, there is technically a double duty to report misconduct: 1) their own misconduct (within 30 days of event and upon license renewal), and 2) the misconduct of others (within 48 hours). Future articles will cover the obligations of others to report physician misconduct.[1]

Arguably, there has always been a moral and ethical duty to report misconduct by and within the medical profession. 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.

The current duty-to-report structure in Ohio results from a 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] The current duty to report structure is heavily focused on educating and equipping others to report physician misconduct, which is good – but there remains also the duty to self-report.

Specific to a physician’s duty to self-report, Section 4731.224 provides four situations that trigger the duty to self-report:

1. The licensed physician violates any provision of the Ohio medical practice act (yes, this is a very broad statement and gives the Board lots of room to investigate a physician);
2. Either of these two conditions that impair the physician’s ability to practice medicine:
   1. Mental or physical illness,[3] or
   1. Excessive use or abuse of drugs or alcohol;[4]
3. Committed or participated in criminal conduct[5] or sexual misconduct,[6] and
4. Charged with criminal conduct, sexual misconduct, or any conduct involving the use of a motor vehicle while under the influence of alcohol or drugs.

Again, while in Ohio there is a strong focus on others reporting the misconduct of a physician, the reporting process is the same whether you are self-reporting or reporting someone else. You can self-report 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[7]). Before you self-report, contact us today to help you prepare your statement and for what may follow.

In addition to the duty to self-report within 30 days of misconduct, physicians also have a duty to self-report misconduct every two years as part of their license renewal. The disclosure through the licensing process is specific or limited to “…any criminal offense to which the applicant has pleaded guilty, of which the applicant has been found guilty, or for which the applicant has been found eligible for intervention in lieu of conviction, since last submitting an application for a license to practice or renewal of a license.”[8] If you are applying for the first time to practice medicine in Ohio, or are preparing to renew your Ohio medical license, and have any criminal offense (even if it has been sealed or expunged), contact us to help you properly disclose this offense on your application.

One final, important provision in Ohio’s self-reporting structure is the help and support provided to 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 also meet the eligibility conditions.[9] The key is to self-report and fully participate in the process. If you would like to learn more about how this works, contact us today.

Continue to monitor the  Graff & McGovern, LPA website for future articles regarding the duty to report in Ohio and other states.

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.

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[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 Revied Code Section 4731.22(19) – Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills

[4] Ohio Revised Code Section 4731.22(26) – Impairment of ability to practice according to acceptable and prevailing standards of care because of substance use disorder or excessive use or abuse of drugs, alcohol, or other substances that may impair ability to practice,

[5] “Criminal conduct” means any conduct that would constitute a felony, a misdemeanor committed in the course of medical practice, an offense of violence, or a sexually oriented offense, as defined in section 2950.01 of the Revised Code, regardless of whether a criminal charge has been filed or the location in this state where the conduct occurred. Sec. 4731.224(A)(1).

[6] “Sexual misconduct” means conduct that exploits the licensee-patient relationship in a sexual way, whether verbal or physical, and may include the expression of thoughts, feelings, or gestures that are sexual or that reasonably may be construed by a patient as sexual. Sexual misconduct includes sexual impropriety, sexual contact, and sexual interaction as defined by the state medical board in rules adopted in accordance with Chapter 119. of the Revised Code. Sec. 4731.224(A)(2).

[7] Section 4731.22(F)

[8] Section 4731.281(A)(8)

[9] Section 4731.25 | Confidential monitoring program. To learn more about this program, visit the OhioPHP program online.