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06/02/2021

New CME Requirement on Duty to Report

Effective May 31, 2021, MDs, Dos, and DPMs will be required to complete one hour of continuing medical education (CME) prior to renewal on the topic of a licensee’s duty to report misconduct under section 4731.224 of the Ohio Revised Code (ORC). The enforcement of this requirement will commence with renewal applications submitted on or after Thursday, July 1.

The State Medical Board of Ohio (SMBO) board has created a one-hour course designed to educate physicians and podiatrists on the duty to report to the SMBO. It features a nationally renowned psychiatrist, dedicated board member, board staff, and a patient’s experience with failure to report. The video is divided into three distinct sections: duty to report, sexual misconduct, and how to report. At the end of each section, you will have the opportunity to evaluate what you learned through a review of questions and answers. A link to the video, additional information, and helpful links are on the SMBO website.

A certificate of completion will be provided for your records. As with all CME, records of completion should be kept in case of an audit (Ohio Administrative Code 4731-10-08.)

As a licensee of the SMBO, you have 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 board discovers you failed to report a colleague’s misconduct, you can be ordered to pay fines up to $20,000. If you have observed inappropriate behavior or suspect another health care professional or colleague has crossed sexual boundaries with a patient, you should contact your local law enforcement immediately and file a complaint with the SMBO.

To file a complaint, visit the SMBO website, call the SMBO’s confidential complaint hotline at 1.833.333.7626, or visit elicense.ohio.gov. Remember, provisions in the ORC make all complaints received by the SMBO confidential.

If you have licensing or CME questions, please email license@med.ohio.gov.

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