Licensee’s duty to report infection with HIV or HBV – Ohio Admin. Code 4731-19-02

A licensed physician who performs invasive procedures and believes or has reason to believe that s/he is infected with HIV or HBV must report such fact to the Ohio Department of Health, an institutional review panel approved by the Ohio Department of Health, or to the state medical board.  A licensed physician who believes or has reason to believe that another physician is infected with HIV, but who is prohibited from divulging the basis of his belief must report such belief to the medical board if he believes any of the following:

• That the other physician is otherwise practicing below the minimum standard of care;
• That the other physician is unable to practice according to acceptable and prevailing standards of care by reason of mental or physical illness; or
• That the other physician has failed to self-report an infection as otherwise required.