United States:
Health Care Professionals: Do You Know Your Misconduct Reporting Obligations?
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Dr. Death, The Shrink Next Door, social media influencers
suing their plastic surgeons for bad behavior ⸺ physician
misconduct is a hot topic right now. But misconduct reporting
obligations are not new. Ohio has long required various health and
wellness professionals (and the entities employing them) to report
misconduct. While specific reporting obligations vary by
profession, the laws governing mandatory reporting of misconduct
are gaining more attention by the licensure governing boards,
patients, and lawyers ⸺ perhaps because of the recent influx
of media scrutiny and public awareness.
Regardless the reason, it is as good a time as any for a
refresher. Licensees, health care facilities, and hospitals are
required under Ohio law to report various types of professional
misconduct, including sexual misconduct, impairment, practice below
the minimum standards of care, and improper prescribing and/or
distributing of controlled substances. Often, discipline or
termination without reporting may be insufficient for
employers to comply with these laws. Failure to report can result
in monetary fines and disciplinary action. Therefore, policies and
practices (e.g., disclosure forms; contact sheets;
checklists; knowledge of confidentiality and immunity protections;
and training) should be adopted (and updated regularly) to ensure
consistent, timely compliance.
To that end, the following chart summarizes some of Ohio's
health care misconduct reporting laws; and (hopefully) offers a
friendly reminder to double-check your reporting
obligations and manage any gaps in related policies or
procedures.
HEALTHCARE
PROFESSIONAL
|
GOVERNING STATUTES
|
SUMMARY
OBLIGATIONS
|
Physicians
(e.g., MD, DO, DPM, PA, genetic counselor,
anesthesiologist/radiologist assistants, respiratory care
professional, dietician, cosmetic therapist, massage therapist)
|
RC 4731.224
RC 4731.15
|
- entity must report imposition of "formal disciplinary
action" (defined in statute) within 60 days (A)
- licensee must report when s/he "believes"
another licensee violated specified laws, rules of the Ohio State
Medical Board, or professional association/society (B)(1)
- reports are confidential and not subject to discovery or
introduction in evidence in state or federal court (F)
- MDs, DOs, and DPMs are also required to complete one hour of
Continuing Medical Education (CME) on the duty to report;
additional information from The State Medical Board of Ohio
relating to this CME requirement can be found here.
|
Nurses
(e.g., RN, LPN, dialysis tech, medical aid, APN, certified
community health workers)
|
RC 4723.34
|
- employer or contractor must report any licensee who is a
"current or former employee or person providing services under
a contract" who engaged in activity that "would be
grounds for disciplinary action" by Ohio Board of Nursing
(A)
|
Dentists
|
OAC 4715-5-06
|
- licensee must report "any untoward event requiring
hospital admission or any mortality which occurred as a direct
result of treatment in an out-patient dental facility" within
72 hours (A)
|
Pharmacists
|
OAC 4729:1-4-02
|
- licensee must report any violation of conduct set forth in
subsection (C) that the licensee directly observes or of which s/he
has "objective evidence" (B)
- subsection (C) includes addiction or abuse of alcohol, drugs,
or other chemical substances; physical/mental impairment that
renders licensee "unfit to carry out their professional
duties"; violation of rules established by the State of
Ohio Board of Pharmacy; or "unprofessional conduct or
dishonesty" (e.g., coercion, intimidation,
harassment, sexual harassment, improper use of private health
information, threats, degradation of character, indecent or obscene
conduct, theft ⸺ OAC 4729:1-4-01(A)(2))
- licensee must also self-report certain activities (F),
(G)
- reports are confidential (D)
|
Psychologists
|
OAC 4732-17-01
|
- licensee must report any "apparent violation,"
based on a "substantial reason to believe," of the
statutes or rules of the Ohio Board of Psychology that
"substantially harm[s] or is likely to substantially harm a
person or organization" (J)(4)
|
Counselors, Therapists, Social Workers
|
OAC 4757-5-10
|
- licensee must report (1) any "alleged
violations" of the statutes or rules of the Ohio Counselor,
Social Worker, and Marriage and Family Therapist Board; and (2)
where licensee has "knowledge or reason to suspect,"
another licensee is acting in an "unethical way or is
incompetent or impaired" (A)
|
Physical Therapists
|
OAC 4755-27-05
|
- licensees must report (1) any "organization or entity
. . . that places the license holder in a position of compromise
with this code of ethical conduct"; and (2) "any
unprofessional, incompetent, or illegal behavior" of a
physical therapist or physical therapist assistant, of which
licensee "has knowledge" (B)(10)
|
Reporting Elder Abuse, Neglect, or Exploitation
|
RC 5101.63
|
- licensees and other individuals must
"immediately" report to the county department of the Ohio
Department of Job and Family Services any abuse, neglect, or
exploitation of an adult where there is "reasonable cause
to believe" such misconduct has taken place (A)(1)
- licensees and other individuals include attorneys, physicians,
chiropractors, dentists, RNs, LPNs, psychologists, therapists,
pharmacists, dialysis technicians, home health agency employees,
hospital employees, firefighters, first responders, and financial
planners (A)(2)(a)-(ff)
|
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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