Reporting misconduct – Ohio Rev. Code Ann. § 4731.224

“Reporting misconduct”

After imposing formal disciplinary action against a licensed physician, the chief administrator or executive officer of the health care facility must report to the state medical board the name of the individual, the action taken by the facility, and a summary of the underlying facts leading to the action taken.  Upon request, the facility must provide the board certified copies of the patient records that were the basis for the facility’s action.    “Formal disciplinary action” is any action that results in the revocation, restriction, reduction or termination of clinical privileges for violations of professional ethics, medical incompetence, medical malpractice or drug or alcohol abuse.  It does not include any action taken for failure to maintain records or failure to attend meetings.

Any professional association or society that revokes an individual physician’s membership for violations of professional ethics, or for reasons of professional incompetence or professional malpractice, must report their final decision to the board, including the name of the individual, the action taken by the professional organization, and a summary of the underlying facts leading to the action taken. 

Any entity indemnifying the professional liability of a licensed physician must notify the board after the final disposition of any written claim for damages, which results in a payment exceeding $25,000. 

All summaries, reports, and records received by and maintained by the board will be held in confidence.  The board may disclose the summaries and reports it receives under this section to health care facility committees that are involved in credentialing or re-credentialing the individual or in reviewing the individual’s clinical privileges.  Information transmitted by the board will be subject to the same confidentiality provisions as when maintained by the board.

The board will send a copy of any reports or summaries to the subject of the reports or summaries.  That individual has a right to file a statement with the board regarding the correctness or relevance of the information.

Any individual or entity that reports to the board or refers an impaired practitioner to a treatment provider will not be subject to a civil suit.