News & Resources

Important Update for Physicians – New Ohio Reporting Law Takes Effect 3/21/25

Provided by MCMS Administration

On March 21, 2025, Senate Bill 109 becomes Ohio law, impacting mandatory reporting of sexual and criminal misconduct of medical board licensees BY medical board licenses as well as health care entities.   The following recap, courtesy of legal counsel at Kettering Health, the highlights of what we need to know:

1. Health care facilities must report the beginning of any investigation regarding a Medical Board licensee related to allegations of sexual misconduct or criminal misconduct to the Medical Board within 30 days.
2. Medical Board licensees must report allegations of sexual misconduct involving another Board licensee within 30 days.
3. Medical Board licensees are also required to report certain criminal misconduct (felonies, misdemeanors committed in the course of medical practice, offenses of violence, or sexually oriented offenses) involving another Board licensee to the Medical Board within 30 days.
4. Persons who have knowledge that a licensed medical professional committed a sexual offense against a patient of the licensed medical professional must report that knowledge to law enforcement authorities within 30 days.   
5. Medical Board licensees will be required to notify their patients, in writing, if the licensee is on probation for sexual misconduct involving a patient or key third party, or for other conduct involving patient harm.
6. “Intimate exams” (pelvic, prostate, or rectal examinations) may not be performed on an anesthetized or unconscious patient unless the exam is within the scope of a surgical procedure, diagnostic examination, treatment of the patient, and the patient / patient’s legal representative gives specific informed consent for the exam.
7. The Medical Board may now summarily suspend a licensee upon the receipt of verifiable information that the licensee has been charged with a felony and the conduct at issue may form the basis of disciplinary action under Ohio law.
8. A licensee whose license or certificate to practice a health care occupation in another jurisdiction is suspended, revoked, or surrendered shall also have his/her license or certificate to practice in Ohio automatically suspended.
9. The Medical Board is also authorized to provide status updates to complainants, upon request, if the Board verifies the complainant’s identity.         

SB 109 was a result of the investigation of former Ohio State University physician Richard Strauss who treated students and student athletes for 20 years, many reporting he sexually abused them during medical exams.  A Medical Board attorney planned to proceed with a case, yet no additional action was taken until the case was closed in 2002.  This created scrutiny over the Medical Board’s handling/lack of prompt intervention of the reports of sexual misconduct and abuse.

The new law is a direct response to the case and is meant to remedy potential “gaps” identified in the Medical Board’s procedures.

Joe Feller, legal counsel at Kettering Health, reminds us of several concepts:

• “Criminal conduct” is 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, regardless of whether a criminal charge has been filed or the location in this state where the offense occurred.
  • “Sexual misconduct” is any 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 the patient as sexual. Sexual misconduct includes sexual impropriety, sexual contact, and sexual interaction as defined by Medical Board rules.
  • “Key third party” means an individual closely involved in a patient’s decision-making regarding health care services, including a patient’s spouse or partner, parents, children, siblings, or guardians. An individual’s status as a key third party ceases upon termination of a practitioner/patient relationship or termination of the relationship between a patient and the individual.

At the facility level, which includes hospitals, health care facilities, and ambulatory surgery centers, the new law requires notification at the beginning of any investigation and within 30 days, rather than current requirement to notify of any disciplinary action within 60 days of determination.

Many providers have expressed concern over the reporting requirements by peers, struggling with the concept of slander versus reasonable cause to report.    Mr. Feller offers the following:

• A Medical Board licensee who knows or has reasonable cause to suspect, based on facts, that would cause a reasonable person to suspect that a licensee has committed “criminal conduct” or “sexual misconduct” must report that information to the Medical Board within 30 days.
  • The failure to report such information constitutes a misdemeanor of the 4^th degree.
  • The failure to report by a licensee may lead to disciplinary action against the licensee up to and including loss of license.
  • The existing offense for the failure to report a crime will be expanded to include those instances when any individual knows that a licensed medical provider has committed a sexual offense against a patient within 30 days.
  • Immunity is provided to those who report an offense under this provision.
  • The physician/patient privilege will not excuse a failure to report.

In addition, The Medical Board will now require that licensees notify their patients in writing if they are on probation for sexual misconduct with a patient or a “key third party,” or for other conduct involving patient harm.  Physicians are currently required to notify patients if they do not have professional liability insurance but there has never been a requirement, until now, to notify patients about Medical Board actions taken against a licensee.

 The circumstances where notification of probationary status must occur include:

• Sexual misconduct with a patient or a key third party.
  • Drug or alcohol abuse resulting in patient harm or impairment of the practitioner.
  • A criminal conviction directly resulting in harm to patient health.
  • Inappropriate prescribing directly resulting in patient harm.

The Medical Board’s disclosure requirement mandates that the written disclosure be provided before the patient’s first visit following the Board’s probationary order, that the practitioner obtain a copy of the signed disclosure from the patient/patient’s guardian/key third party and maintain a signed copy in the patient’s medical record, and MUST include the following:

• The practitioner’s probation status.
  • The total length of the probation.
  • The probation end date.
  • Practice restrictions placed on the practitioner by the Board.
  • The Board’s telephone number.
  • An explanation of how the patient can find additional information regarding the probation on the practitioner’s profile page located on the Medical Board’s website. 

The disclosure requirement will not apply if:

• The patient is unconscious or otherwise unable to comprehend the disclosure and sign it, and a guardian or a key third party is unavailable to comprehend and sign it.
  • The direct patient interaction occurs in an emergency department or otherwise occurs as an immediate result of a medical emergency.
  • The practitioner does not have a direct treatment relationship with the patient and does not have direct contact or direct communication with the patient.

Regarding intimate exams, the exammay not be performed unless any of the following apply:

• The intimate exam is within the scope of care for the surgical procedure or diagnostic examination to be performed on the patient.
  • The patient or the patient’s legal representative gives specific informed consent for the intimate examination, consistent with the detailed requirements described in the statute.
  • The intimate exam is required for diagnostic purposes or treatment of the patient’s medical condition.
  • The intimate exam is conducted by a SANE nurse for the purpose of collecting evidence and documenting injuries.

Specific informed consent for an “intimate examination” now requires the following:

• The patient or the patient’s legal representative must be provided with a written or electronic informed consent form.
  • The consent form must be either: (i) a separate consent form or (ii) included as a distinct or separate section of a general consent form.
  • It must contain the following heading at the top of the form or section: “CONSENT FOR INTIMATE EXAMINATION.”
  • Specifies the nature and purpose of the initiate examination.
  • Informs the patient or the patient’s legal representative that a student may be present if the patient or the patient’s legal representative authorizes a student to perform the intimate examination or observe the intimate examination in person or through electronic means.

The new law allows the patient or the patient’s representative the opportunity to consent to or refuse the intimate examination, refuse a student to perform or observe the intimate examination in person or through electronic means, have a meaningful conversation to answer questions about the intimate examination, and a signature to affirm the above were met.

Finally, the new law will authorize the Medical Board to summarily suspend a licensee if it receives “verifiable” information that a licensee has been charged with a felony, and the conduct charged constitutes a disciplinary violation under Ohio law without first affording the licensee with a hearing.  Verifiable information may come from any state or federal court, so long as the licensee is charged with a crime that is classified as a felony under the charging court or jurisdiction’s law.

A licensee who has his/her license or certificate to practice a health care occupation or provide health care services suspended, revoked, or surrendered/relinquished in lieu of discipline by an agency responsible for authorizing/regulating an individual’s practice in another jurisdiction shall also have his/her license or certificate to practice in Ohio automatically suspended.

The automatic suspension will begin immediately upon the entry of the order by the other jurisdiction’s agency and will last for 90 days so that the Board may investigate the basis for the underlying action. Continued practice during this period will be considered practicing without a license or certificate.

While Medical Board investigations are confidential, the Board is now authorized to provide a status update to a complainant, on request, if the Board verifies the complainant’s identity. MCMS would be happy to collect any feedback and questions and facilitate additional questions and answers as they arise.