SMBO Announces Requirement on the Duty to Report Misconduct

The State Medical Board of Ohio (SMBO) has announced a new continuing medical education (CME) requirement on the duty to report. Effective May 31, 2021, prior to renewal, MDs and DOs will be required to complete 1 hour of CME on the topic of a licensee’s duty to report misconduct under section 4731.224 of the Revised Code. The enforcement of this requirement will commence with renewal applications submitted on or after July 1, 2021.

SMBO has created a 1-hour course designed to educate physicians on the duty to report. It features a nationally renowned psychiatrist, dedicated SMBO member and staff, and a patient’s experience with failure to report. The video is divided into three sections: duty to report, sexual misconduct, and how to report. Following each session is a review of questions and answers, giving physicians an opportunity to evaluate what they learned. The SMBO Duty to Report webpage contains the video, additional information and helpful links.

A certificate of completion will be provided to physicians for their records, which, as with all CME certification, should be kept in case of an audit (OAC 4731-10-08).As an SMBO licensee, a physician has a statutory and ethical duty to report misconduct. Examples of misconduct include, but are not limited to: sexual misconduct, impairment, practice below the minimal standards of care, and improper prescribing of controlled substances.

If the SMBO discovers a physician has failed to report a colleague’s misconduct, he/she can be ordered to pay fines up to $20,000. If a physician has observed inappropriate behavior or suspects another health care professional or colleague has crossed sexual boundaries with a patient, that physician should contact his/her local law enforcement immediately and file a complaint with the SMBO. 

To file a complaint, visit med.ohio.gov, call the SMBO confidential complaint hotline at 1-833-333-SMBO (7626), or visit elicense.ohio.gov. Reminder: Provisions in the Ohio Revised Code make all complaints received by the SMBO confidential.

For licensing or CME questions, please email [email protected].