Ohio Board Updates “Duty to Report” CME Video from Dr. Richard Strauss Investigation

As the latest signal in the priority of the Duty to Report in Ohio, the State Medical Board has updated its Duty to Report video.[1]  The video is offered by the Board for physicians to fulfill the mandatory continuing medical education (CME) component of the license renewal process in Ohio. Introduced in a new regulation on May 31, 2021,[2] the Board began mandating one hour of CME on the topic of the legal duty to report misconduct. This CME requirement was enacted from recommendations made in the March 21, 2021 Closing Report from the Working Group on Reviewing of the Medical Board’s Handling of the Investigation Involving Richard Strauss, which Governor Mike DeWine initiated with an executive order in 2019.

The revised video is comprehensive and features interviews and statements from Ohio Board members and the Board’s investigative, legal, and administrative staff concerning the role of the board, and the reporting and investigative process. In contrast to the original video, which focused on reporting instances of patient sexual abuse, the revised video emphasizes the broad scope of the reporting obligation under Ohio law. This law mandates reporting all violations of the Medical Practice Act that are believed to have occurred – starting with patient abuse, and extending to all  misconduct including, but not limited to, prescribing issues, practice below the minimal standards, impairment concerns, poor documentation, false statements, and more.[3] The video addresses many of these areas in detail and presents “Knowledge Check” segments featuring questions for the viewer.

The revised video acknowledges that reporting colleagues is not easy, but also stresses the ethical role of reporting as a professional duty. The confidentiality and immunity aspects of reporting are reviewed, and the video reminds licensees that failure to report is itself grounds for discipline. Licensees face the risk of license sanctions up to permanent revocation and/or imposition of fines of up to $20,000, if they do not report. The video and more information is provided under the Duty to Report tab on the Medical Board’s newly refreshed website. 

If you have questions regarding Ohio’s Duty to Report or are concerned with compliance, please contact your Dinsmore health care attorney.