Governor DeWine Signs Bill to Protect Patients, Strengthen Medical Board’s Authority to Respond to Sexual Misconduct
Signing of SB 109 marks major step in State Medical Board’s ongoing efforts to improve efficiency, transparency of sexual misconduct cases
 Ohio Governor Mike DeWine signs Senate Bill 109 alongside State Medical Board Executive Director Stephanie Loucka, Board President Dr. Jonathan Feibel, and State Sen. Bob Hackett (R-London) during a ceremony Friday at the Ohio Statehouse
(COLUMBUS, Ohio)—Today, Ohio Governor Mike DeWine signed Senate Bill 109, significantly strengthening the authority of the State Medical Board of Ohio to hold sexually abusive medical professionals accountable.
“This bill represents a major step forward in our ongoing efforts as a state to better protect Ohio patients,” said Governor DeWine. “It increases accountability for doctors, increases transparency for patients and the public, and gives our Medical Board the ability to intervene faster when misconduct is occurring. Ultimately, this bill will empower more people to take action when something is wrong.”
 Governor DeWine's signing of SB 109 will protect Ohio patients by significantly strengthening the authority of the State Medical Board of Ohio to hold sexually abusive medical professionals accountable
Sponsored by Sen. Bob Hackett (R-London), SB 109 passed unanimously in both the Ohio House and Senate. The legislative package includes provisions covering several key areas, including:
Increased Reporting Requirements
- Healthcare facilities will now be required to report the start of a sexual misconduct or criminal misconduct investigation against a licensee to the State Medical Board within 30 days.
- Board licensees themselves will now be required to report certain criminal charges within 30 days of the charge.
- Courts and prosecutors will have additional reporting requirements to the Board for indictments and convictions of sexual battery offenders who are licensed medical providers.
- The offense of failure to report a crime will be expanded to instances when an individual knows that a licensed medical provider has committed a sexual offense against a patient.
Earlier License Suspensions
- The Board will now be authorized to summarily suspend a license if they receive verifiable information that a licensee has been charged with a felony, and the conduct charged constitutes a disciplinary violation under Ohio law.
Additional Transparency
- The Board will now be able to require doctors to notify their patients in writing if they are on probation for sexual misconduct or patient harm.
- Additionally, when a victim comes forward and reports a case of sexual misconduct, the Board will now be authorized to provide them with status updates about their complaint.
Many elements within this legislative package were originally recommended by a Governor-appointed 2019 working group, tasked with reviewing the State Medical Board’s handling of the 1996-2002 investigation of former Ohio State University physician Richard Strauss.
As a result of Governor DeWine’s working group and a thorough internal review of Board processes, the State Medical Board of Ohio has already implemented numerous systemic improvements over the past five years to more effectively address sexual misconduct complaints and better protect Ohio patients.
“We are the only medical board in the country with a team dedicated to sexual misconduct complaints,” said Medical Board Executive Director Stephanie Loucka. “We have specially trained investigators, a victim coordinator, and an attorney with expertise in these types of cases. We have new protocols to ensure consistent handling and closure of these cases. We’re now viewed as national experts and have trained other medical boards in best practices for handling sexual misconduct complaints. We were even honored to receive this year’s ‘Best of Boards’ award from the Administrators in Medicine and Federation of State Medical Boards for our efforts to increase transparency and customer service standards.
 State Medical Board of Ohio Executive Director Stephanie Loucka noted additional improvements the Board has made under the leadership of Governor DeWine
“At the same time, however, we knew there was much more we could do by eliminating some of the legal barriers that have historically prevented us responding swiftly and decisively enough to misconduct cases in the past,” Loucka continued. “We worked with the General Assembly, medical professionals, and other partners across the state to help draft this bill and get it across the finish line. Of course, none of this would have been possible without Governor DeWine taking the bold action of forming his working group and his continued dedication to getting us the tools we need to make a real difference.”
“The State Medical Board’s highest priority is to protect patients. Our job is not to protect doctors,” said Medical Board President Dr. Jonathan B. Feibel, MD. “As a physician, I know the level of trust patients place in their doctor when they need medical attention. Medical providers who breach the trust of a patient must be held accountable. That’s exactly what this bill will do – solving shortcomings in the law that will help us bring future cases to enforcement.
 Board President Dr. Jonathan Feibel added that SB 109 is intended to help encourage victims to come forward
“We know it takes courage and resolve for a patient to come forward after experiencing abuse by a provider,” Dr. Feibel added. “We are sincerely grateful to the victims who file a complaint with the Board, giving us the opportunity to investigate and provide a resolution. We want patients to be assured today, and in the future, that when the unthinkable happens, the Board has the authority to act quickly and will do the right thing.”
The bill also prohibits certain healthcare providers from performing or authorizing another provider to perform an intimate examination on an anesthetized or unconscious patient. This provision was previously part of House Bill 89 before it was added into SB 109 by amendment.
For more information about the State Medical Board’s handling of sexual misconduct complaints, visit the Board’s Sexual Misconduct Resource webpage.
-30-
|
